Draft Data Protection (Charges and Information) Regulations 2018

Regulation

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Draft Regulations on the ICO registration fees were laid before Parliament on the 20th February. These draft regulations will come into force on 25th May (to coincide with the General Data Protection Regulation (GDPR)).

The new Regulations set out the ICO registration fee scheme including the fee structure:

Tier 1 – micro organisations

You have a maximum turnover of £632,000 for your financial year or no more than 10 members of staff. The fee for tier 1 is £40.

Tier 2 – small and medium organisations

You have a maximum turnover of £36 million for your financial year or no more than 250 members of staff. The fee for tier 2 is £60.

Tier 3 – large organisations

If you do not meet the criteria for tier 1 or tier 2, you have to pay the tier 3 fee of £2,900.

The Regulations also set out the exemptions, which are similar to those under Data Protection but include exemptions if you’re only processing data for “core business purposes” which include accounting, marketing (under certain circumstances) and staff admin.

The ICO have helpfully drafted guidance to help explain the new Regulation and the Regulations can be viewed here.

The Regulation though is subject to change, as is the ICO guidance as the Regulation is currently a draft and will be debated in Parliament, so could change.

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