Paying a data protection fee – Arts, entertainment and recreation sector

If you do need to pay, the online form will ask for your sector. You can choose, but are not limited, to:

Charitable and Voluntary, Local Charity, Charity (Local)
General Business, Business advice and consultancy, Consultant
General Business, Supplier of services, Lifestyle Coach
General Business, Supplier of services, other
Media, Journalist, Journalist
Media, TV/Radio Station, TV/Radio Station
Membership Association, Club, Club/Society (Charitable)
Membership Association, Club, Membership Club (Commercial)
Online Technology and Telecoms, Software Developer, Software Development
Online Technology and Telecoms, Software Developer, Web Designer
Online Technology and Telecoms, Infrastructure and Hardware Provider, Web Hosting
Online Technology and Telecoms, Service Provider, Telecommunications Company
Online Technology and Telecoms, Social Media, Networking Site
Retail and Manufacture, Supplier of Goods, E-Commerce (Online retailer)
Transport and Leisure, Entertainment Provider, Box Office/Ticketing Agency
Transport and Leisure, Leisure Centre and Gym, Personal Trainer

Frequently asked questions

I have CCTV on my business premises for crime prevention reasons – do I need to pay a fee?

Yes. Images of people caught on camera is their personal data. If you record these images to prevent crime, and crime prevention is not the purpose of your business, then you need to pay.

How do I know if my company can claim the not-for-profit exemption – we don’t make a profit?

To meet the criteria for the not-for-profit exemption the organisation:

must be established as a not-for-profit organisation, which may be stated in your constitution/articles
only process information necessary to establish or maintain membership or support
only process information necessary to provide or administer activities for people who are members of the organisation or have regular contact with it;
you only hold information about individuals whose data you need to process for this exempt purpose
the personal data you process is restricted to personal information that is necessary for this exempt purpose
only keep the information while the individual is a member or supporter or as long as necessary for member/supporter administration

The organisation would not be exempt:

if you are responsible for CCTV
if you provide additional services outside of the organisations aims/objectives that can’t be covered by the other exemptions
if you trade and share in personal data

My company is a registered charity – do I need to pay?

This would depend on what personal data you were processing and why. A registered charity would only pay the lowest fee tier of £40. Our self-assessment tool will help you determine if you are required to pay a fee.

My sports club advertise our sponsors services on our website – do I need to pay?

If your sponsors are sole traders or partnerships, then there would be a requirement to pay the fee. This is advertising and marketing for others and a non-exempt purpose for processing personal data.

If you are set up as a not-for-profit you may be able to rely on this exemption. However, if your sports club has CCTV for crime prevention purposes you would be required to pay.

I run a casting agency – do I need to pay?

Yes, as a casting agency you are likely to hold records of actors which would include headshots, videos and audition tapes and categorise them according to their ages, looks and abilities. This is a non-exempt purpose and you would be required to pay a data protection fee.

I offer consultancy services – do I need to pay?

Yes, providing consultancy and advisory services to individuals or partnerships, such as branding and graphic design, is not an exempt purpose of processing personal data and you would be required to pay a fee.

I have received a letter for one of my companies, however, I have a group of companies. Can I do a group registration?

It isn’t possible to have a group entry on the public register of data protection fee payers. Each individual company, if it is a data controller and a separate legal entity e.g. has a separate companies house number, would be required to pay a data protection fee unless an exemption applies.

I run a dance school – do I need to pay?

Yes, if you hold a personal record of your students development, including examination results then a fee would be required.

If you are set up as a not-for-profit you may be able to rely on this exemption. If you use CCTV for crime prevention purposes you would be required to pay.

We are a broadcasting company – do we need to pay?

Yes, if you hold personal data electronically for creating and purchasing television or radio content and advertise and market for others you would be required to pay a fee.

If you have CCTV for the purpose of crime prevention on or in the premises this would require your company to pay the fee.

My company/club holds information about our members – do we need to pay?

The administration of membership records is not an exempt purpose for processing personal data and would require a fee to be paid. If you are set up as a not-for-profit organisation, please take our self-assessment tool to see if you are required to pay the fee.

If you have CCTV for the purpose of crime prevention on or in the premises this would require your company to pay the fee.

I am a blogger – do I need to pay?

Yes, if your blog is used to endorse or promote other businesses services, or products you would be required to pay the fee.

I am a freelance or independent journalist, do I need to pay a fee?

If you are self-employed and write articles which includes information about individuals, you are required to pay a fee.

I hold events, such as sports events - do I need to pay?

Yes, if you hold details of attendees, competitor information, exhibitor information, advertising for other business services then you would be required to pay a fee.

If you are set up as a not-for-profit you may be able to rely on this exemption. If you use CCTV for crime prevention purposes you would be required to pay.

I offer personal training sessions – do I need to pay?

Yes, if you are providing advice, creating tailored exercise plans and tracking your clients progress and holding this information electronically you would be required to pay a data protection fee.

I only hold names, addresses and contact details of my customers – do I need to pay?

If the information you are holding about people is only for the purposes of keeping your own accounts and records, such as keeping records of purchases, sales or other transactions to ensure the relevant payments, deliveries or services happen, then you are likely to be exempt from the requirement to pay.

However, this specifically excludes information processed by or obtained from credit reference agencies.

I do credit checks on my customers – do I need to pay?

Yes. When performing a credit check via a credit reference agency you will need to pay the fee.

Do I have to pay because I hold customer data on a computer?

You are not usually required to pay just because you hold customer details on computer, but the important point is what you do with those details. Our self-assessment tool will help you to see if any of your activities mean you need to pay.

Do I have to pay because I take card payments?

You are not required to pay just because you take card payments. For example, if you are a booking office and taking payments there is no requirement to pay the fee.

However, if you provide credit facilities and do credit checks on customers via a credit reference agency, or if you process personal data for any other non-exempt reason, then you do need to pay.

I’m unsure if I am data controller or a data processor – how do I determine this?

It is essential for organisations involved in the processing of personal data to be able to determine whether they are acting as a data controller or as a data processor in respect of the processing. This is particularly important in situations such as a data breach where it will be necessary to determine which organisation has data protection responsibility.

You may find the following guidance useful:

To determine whether you are a data controller you need to ascertain which organisation decides:

to collect the personal data in the first place and the legal basis for doing so;
which items of personal data to collect, i.e. the content of the data;
the purpose or purposes the data are to be used for;
which individuals to collect data about;
whether to disclose the data, and if so, who to;
whether subject access and other individuals’ rights apply i.e. the application of exemptions; and
how long to retain the data or whether to make non-routine amendments to the data.

We can only provide guidance and advice, ultimately it is the Data Controllers decision as to whether a registration is needed.

My company is dormant – do I need to pay?

It depends. If your business is dormant and you are not processing personal data electronically, then you’re not required to pay the fee.

However, some businesses and professionals are required to retain some personal data after they cease trading or practicing, as required by industry guidelines. If this applies to you then you probably will need to pay.

Please visit data protection fee exemptions to check.

I have a dashcam on my business vehicle – do I need to pay the fee?

If you have a dashcam that you use for work purposes on a vehicle that you use for work – even if you own the vehicle - then you will need to pay a data protection fee. Again, images of people recorded on camera – even when in their cars - will be their personal data.

More information

There is more information about the data protection fee on our website.

There is also lots of information for sole traders and smaller businesses on our SME web hub, to help you understand data protection and how it can help you safely make the most out of the personal data you hold.