Search Legislation

The Data Protection (Charges and Information) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Requirements on data controllers

This section has no associated Explanatory Memorandum

2.—(1) A data controller must comply with the requirements of this regulation unless all of the processing of personal data they undertake is exempt processing.

(2) Within the first 21 days of each charge period a data controller must pay a charge to the Information Commissioner, determined in accordance with regulation 3.

(3) Within the first 21 days of each charge period a data controller must provide to the Information Commissioner the following information, as of the first day of each charge period—

(a)the name and address of the data controller;

(b)whether the number of members of staff of the data controller is—

(i)less than or equal to 10,

(ii)greater than 10 but less than or equal to 250, or

(iii)greater than 250;

(c)whether the turnover for the data controller’s financial year is—

(i)less than or equal to £632,000,

(ii)greater than £632,000 but less than or equal to £36 million, or

(iii)greater than £36 million; and

(d)whether the data controller is a public authority.

(4) Paragraph (3)(c) does not apply to a data controller that is a public authority.

(5) For the purposes of paragraph (3)(a)—

(a)the address of a registered company is that of its registered office, and

(b)the address of a person (other than a registered company) carrying on a business is that of the person’s principal place of business in the UK.

(6) In this regulation—

“charge period” means—

(a)

for a person who is a data controller immediately before 25th May 2018 and has paid a fee pursuant to section 18(5) or 19(4) of the Data Protection Act 1998(1)—

(i)

the period of 12 months beginning on the date which is 12 months after the date on which that fee was most recently received by the Information Commissioner, and

(ii)

each subsequent period of 12 months;

(b)

for a person who is a data controller immediately before 25th May 2018 but has not paid a fee pursuant to section 18(5) or 19(4) of the Data Protection Act 1998—

(i)

the period of 12 months beginning on 25th May 2018, and

(ii)

each subsequent period of 12 months; or

(c)

for a person who becomes a data controller on or after 25th May 2018—

(i)

the period of 12 months beginning on the date on which the person becomes a data controller, and

(ii)

each subsequent period of 12 months;

“registered company” means a company registered under the Companies Acts as defined by section 2(1) of the Companies Act 2006.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources