Paying a data protection fee – professional, scientific and technical activities sector

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

Legal, Barrister, Individual Barrister
Legal, Legal Professional, Solicitor/Legal Services
Legal, Legal Professional, Notary Public
Legal, Professional Services, Administration of Chambers (self employed clerk/Ltd co)
Legal, Chambers, Head of Chambers (Legal Services and Chambers administration)
Finance, Insurance and Credit, Accountancy and Payroll, Accountant
Finance, Insurance and Credit, Accountancy and Payroll, Bookkeeper
Finance, Insurance and Credit, Financial Services and Advice, Financial, Mortgage and Insurance Services
General Business, Business Advice and Consultancy, Consultant
General Business, Market Research, Market Research/Research Organisation
General Business, Veterinary Services, Vet
General Business, Supplier of services, Other
Marketing, Marketing Provider, Marketing Agency
Media, TV/Radio Station, TV/Radio Station
Land and Property Services, Building and Property Construction, Surveyor

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.

I am already registered – why have I received a letter?

If you are registered as a sole trader or your registration does not include your companies house number this could be the reason why you have received our letter. Please let us know.

I have a limited company but I’m a sole trader – who needs to be registered?

This depends on who the data controller is and which entity has the relationship with the client. You will need to determine who is the legal person responsible for the personal data held.

If your limited company is set up for the sole purpose of processing your own accounts through then this would not require a fee.

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.

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

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

I offer consultancy services – do I need to pay?

If you are providing a consultancy and advisory service to individuals or partnerships, this is not an exempt purpose for processing personal data and you would be required to pay the fee.

I am a barrister – do I need to pay?

If you are an individual (self-employed) barrister you are a data controller and will need to pay a data protection fee.

I am a pupil barrister – do I need to pay?

As a pupil barrister you can be both a data processor and a data controller.

In your first six where you are shadowing your pupil supervisor, undertaking work on behalf of another member of the chambers you would be acting as the data processor. This does not require a data protection fee.

In your second six as you determine the purposes and means of processing you will be considered as a data controller and a data protection fee would be required.

I am an accountant - do I need to pay?

Yes, if you are processing personal information when providing your accountancy service. When acting for your client, you are the data controller in relation to the personal data in the accounts. This is because accountants and similar providers of professional services work under a range of professional obligations which oblige them to take responsibility for the personal data you process.

For example, if you detect malpractice whilst doing the firm’s accounts you may, depending on its nature, be required under your monitoring obligations to report the malpractice to the police or other authorities. In doing so an accountant would not be acting on the client’s instructions but in accordance with its own professional obligations and therefore as a data controller in their own right.

I am a solicitor – do I have to pay?

Yes, solicitors process personal data for the broad purpose of providing legal services in accordance with your professional obligations. You will use the information the client has provided and will collect any other information you need in order to carry out the instructions. You determine the manner in which the personal data obtained from the client will be processed. As a solicitor you therefore act as the data controller in relation to the personal data processed in connection with the client’s instructions.

I am a notary public – do I need to pay?

We would expect each notary public to pay the data protection fee separately. If you are a solicitor in a limited company or a partnership and these organisations are registered, this will not cover your notary public work. You would require a separate fee to be paid.

However if you are registered as a sole trader the notary public work would be covered.

I am a bailiff - do I have to pay?

If you are processing personal information for the purpose of collecting debts you are required to pay a fee.

I am an architect - do I need to register?

If you are providing consultancy/advisory services for clients who are sole traders, individuals or partnerships, which would include building designs, financial budgeting reports, completion and submission of planning permission applications, you are required to pay a fee.

I am a vet – do I need to pay?

Yes, as a vet you are required to disclose information to third parties for example regarding animal welfare, which falls outside the core business exemptions and therefore you are required to pay a fee.

If you have CCTV in or on your business premises you are required to pay the fee.

We are an advertising agency – do we need to pay?

If you are processing personal information when providing consultancy and advisory services when creating your advertising campaigns you would be required to pay a fee.

I work in public relations and communication – do I need to pay?

If you are processing personal information whilst carrying out your wide range of activities as a public relations and communications company, for example internal/external market research or media communications, you would be required to pay the data protection fee.

We do market research – do we need to pay?

If you are processing personal data on behalf of your client but you are determining the information that is collected and the manner which it is processed. You have the freedom to decide such matters as which customers to select for interview, what form the interview should take, what information to collect from customers and how to present the results. This means that the market research company is a data controller in its own right in respect of the processing of personal data done to carry out the survey, even though the client may retain overall control of the data in terms of commissioning the research and determining the purpose the data will be used for. Therefore you are required to pay a data protection 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 quantity surveyor – do I need to pay?

When providing your services as a quantity surveyor, it is more than likely you will be holding personal data whilst carrying our your activities. These activities could include managing contractual relationships, acting as financial advisors and monitoring progress for the client you would be required to pay a data protection fee.

My society 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.

My society 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 society has CCTV for crime prevention purposes you would be required 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;
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

We are a community interest company – do we need to pay?

Community interest company’s are unlikely to rely on the not-for-profit exemption and you must determine which level of fee you are required to pay.

You can complete the self-assessment tool to determine this.

My organisation 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 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 our self-assessment tool 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.