Law

ICO Fee under GDPR – check whether you need to pay

All businesses (including Ltd companies, self-employed sole traders, contractors and partnerships) that process personal data are required to pay an annual data protection fee to the Information Commissioner’s Office (ICO) unless a relevant exemption applies.

As a Salon or Barbershop owner, you should see whether a fee is payable, or whether you are exempt. To do this, you can use the self-assessment tool on the ICO website.

We tried it (as if we were a salon owner) and it pretty much came down to whether CCTV was being used (in which case a fee was payable) and the answer to their question about whether data was only being used for staff admin, accounts records and advertising – if yes, then no fee – but if used for anything else then a fee became payable.

The self assessment tool can be found here and you should try it (only takes 3 minutes):

https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/

Further Info

Page 8 of the ICO guide may also help you think about how you handle your data:
https://ico.org.uk/media/for-organisations/register/2722/other.pdf

If you do not pay the charge, or you pay the incorrect charge, then you risk action by the ICO and possible fines, so it’s worth doing and keeping a copy of your results from the self-assessment.

Card payment fees – banned

Since Saturday 13th January 2018, you are no longer able to add a fee to clients who wish to pay by credit card, debit card or via methods such as PayPal. 

The new rules stem from the EU Payment Services Directive, which lays out the changes EU governments must make by 13 January 2018. This mean the new rules will be put into UK law – and so will continue to exist even after Brexit. 

If you have any questions, let us know!