The Data Protection (Charges and Information) Regulations 2018

Amount of charge payable under regulation 2

3.—(1) For the purposes of regulation 2(2), the charge payable by a data controller in—

(a) tier 1 (micro organisations), is £40;

(b) tier 2 (small and medium organisations), is £60;

(c) tier 3 (large organisations), is £2,900.

(2) For the purposes of this regulation, a data controller is, subject to paragraph (3)—

(a) in tier 1 if—

(i) it has a turnover of less than or equal to £632,000 for the data controller’s financial year,

(ii) the number of members of staff of the data controller is less than or equal to 10,

(iii) it is a charity, or

(iv) it is a small occupational pension scheme;

(b) in tier 2 if it is not in tier 1 and—

(i) it has a turnover of less than or equal to £36 million for the data controller’s financial year, or

(ii) the number of members of staff of the data controller is less than or equal to 250;

(c) in tier 3 if it is not in tier 1 or tier 2.

(3) Paragraphs (2)(a)(i) and (2)(b)(i) are to be disregarded in relation to a public authority.

(4) For the purposes of regulation 3(2), the turnover and number of members of staff is determined on the first day of the charge period to which the charge relates.

(5) The applicable charge in paragraph (1) is reduced by £5.00 for a data controller that makes payment of the charge by direct debit.

(6) In this regulation—

“charity”—

(i)

in relation to England and Wales, has the meaning given in section 1 of the Charities Act 2011(1),

(ii)

in relation to Scotland, means a body entered in the Scottish Charity Register maintained under section 3 of the Charity and Trustee Investment (Scotland) Act 2005(2), and

(iii)

in relation to Northern Ireland, has the meaning given in section 1 of the Charities Act (Northern Ireland) 2008(3);

“small occupational pension scheme” has the meaning given in regulation 4 of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006(4).

(1)

2011 c. 25.

(2)

2005 asp 10.

(3)

2008 c. 12. Section 1 is modified for certain purposes by S.R. 2013 No. 211, art. 2.

(4)

S.I. 2006/349.