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 10, March 2010  

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nformation
and sources of help to set up and run your new business.


Products and services to help you get started and to help you grow and develop your business.

running a small business

Tips on running your business:

 InformationRunning your businessUnderstanding the Data Protection Act   

A SMALL BUSINESS OWNER'S GUIDE TO THE DATA PROTECTION ACT Minimize

The Data Protection Act explained

The Data Protection Act: A guide for small business owners

As a small business you are likely to hold information on customers, employees, suppliers, clients or other members of the public.  If you hold this kind of information (whether it’s on paper, in data files, or on a website) the Data Protection Act 1998 applies to you.

There are a lot of misconceptions about the Data Protection Act and it is often used wrongly to excuse or avoid certain actions.  This article provides an overview of the Act to help you better understand the Act and your legal obligations under it.  We also give you information here on who needs to register with the Information Commissioner as a Data Controller, and how to register.

Your obligations under the Data Protection Act

If you hold personal information of any kind about a living person you must comply with the Data Protection Act, whether you need to register with the Information Commissioner or not.  As a small business there are two main obligations you need to be aware of:

The eight principles of good information handling

The Act specifies that any data you hold must be:

  • fairly and lawfully processed
  • processed for specific purposes
  • adequate, relevant and not excessive
  • accurate and kept up to date
  • not kept for longer than is necessary
  • processed in line with the rights of the individual
  • kept secure
  • not transferred to countries outside the European Economic Area unless there is adequate protection for the information

The Information Commissioner can take out enforcement action to ensure your information processing is in line with these principles so you should ensure your internal procedures accommodate these data handling requirements, and you must make sure that any staff you employ are also aware of the Data Protection Act requirements.  

Individuals’ rights under the Data Protection Act

Sections 7, 8 and 9 of the Data Protection Act deal with a person’s rights to see the personal data that is held on them, and the right to have it corrected if it is wrong.  You may be sent a ‘subject access request’ which is a request to show an individual what personal data you hold on them.  If you do receive a subject access request you are obliged to:

  • respond to it within 40 days
  • provide a copy and a description of the data you hold on them 
  • advise who the source of the data was
  • give information on how the data is processed
  • give information on which other people or organisations it may have been disclosed to

You can charge a fee of up to £10 for handling a subject access request if you choose to do so.  Under certain circumstances you can withhold information.  For clarification on what you should or should not provide phone the Information Commissioner's helpline on 01625 545745 for advice.

How the Data Protection Act benefits your business

Although there is a legal obligation on your small business to comply with the Data Protection Act, there are also business benefits to be gained, for example:

  • Using only up to date data for sending mailshots makes sense as using old data is a waste of time and money and would be a source of irritation to potential customers.  
  • Deleting out of date information will free up storage space so you won’t have to keep buying more.  
  • Keeping information secure protects you from damage to your business or possible legal consequence if your data should fall into the wrong hands.


Registering with the Information Commissioner

The Data Protection Act 1998 requires every data controller who is processing personal data to 'notify', unless they are exempt.  Notification is for one year so you will need to make a note of the date you first registered and remember to renew annually.  The annual fee is currently £35.

Failure to notify is a criminal offence.  See the Information Commissioner’s notification web page for more information, or call the notification help line on 01625 545740.

You may be exempt if you only process personal information for core business purposes such as your own marketing, staff administration, or invoicing.  The Information Commissioner’s website provides an
online self-assessment or a downloadable self-assessment guide to help you determine whether notification is required.


More information about the Data Protection Act

Full details of the Data Protection Act and the Information Commissioner’s role can be found on the Information Commissioner’s website 

Data Protection Good Practice Notes from the Information Commissioner's office:

A quick 'how to comply' checklist (opens a pdf file)

Data protection training checklist for small and medium sized organisations (opens a pdf file)

Checklist for handling requests for personal information (subject access requests) (opens a pdf file)

 

NEW: June 2009 BSI has published a new standard for SMEs and small businesses giving a framework for managing and protecting data.  More information on the new Data Protection from BSI

The Data Protection Act explained

The Data Protection Act: A guide for small business owners

As a small business you are likely to hold information on customers, employees, suppliers, clients or other members of the public.  If you hold this kind of information (whether it’s on paper, in data files, or on a website) the Data Protection Act 1998 applies to you.

There are a lot of misconceptions about the Data Protection Act and it is often used wrongly to excuse or avoid certain actions.  This article provides an overview of the Act to help you better understand the Act and your legal obligations under it.  We also give you information here on who needs to register with the Information Commissioner as a Data Controller, and how to register.

Your obligations under the Data Protection Act

If you hold personal information of any kind about a living person you must comply with the Data Protection Act, whether you need to register with the Information Commissioner or not.  As a small business there are two main obligations you need to be aware of:

The eight principles of good information handling

The Act specifies that any data you hold must be:

  • fairly and lawfully processed
  • processed for specific purposes
  • adequate, relevant and not excessive
  • accurate and kept up to date
  • not kept for longer than is necessary
  • processed in line with the rights of the individual
  • kept secure
  • not transferred to countries outside the European Economic Area unless there is adequate protection for the information

The Information Commissioner can take out enforcement action to ensure your information processing is in line with these principles so you should ensure your internal procedures accommodate these data handling requirements, and you must make sure that any staff you employ are also aware of the Data Protection Act requirements.  

Individuals’ rights under the Data Protection Act

Sections 7, 8 and 9 of the Data Protection Act deal with a person’s rights to see the personal data that is held on them, and the right to have it corrected if it is wrong.  You may be sent a ‘subject access request’ which is a request to show an individual what personal data you hold on them.  If you do receive a subject access request you are obliged to:

  • respond to it within 40 days
  • provide a copy and a description of the data you hold on them 
  • advise who the source of the data was
  • give information on how the data is processed
  • give information on which other people or organisations it may have been disclosed to

You can charge a fee of up to £10 for handling a subject access request if you choose to do so.  Under certain circumstances you can withhold information.  For clarification on what you should or should not provide phone the Information Commissioner's helpline on 01625 545745 for advice.

How the Data Protection Act benefits your business

Although there is a legal obligation on your small business to comply with the Data Protection Act, there are also business benefits to be gained, for example:

  • Using only up to date data for sending mailshots makes sense as using old data is a waste of time and money and would be a source of irritation to potential customers.  
  • Deleting out of date information will free up storage space so you won’t have to keep buying more.  
  • Keeping information secure protects you from damage to your business or possible legal consequence if your data should fall into the wrong hands.


Registering with the Information Commissioner

The Data Protection Act 1998 requires every data controller who is processing personal data to 'notify', unless they are exempt.  Notification is for one year so you will need to make a note of the date you first registered and remember to renew annually.  The annual fee is currently £35.

Failure to notify is a criminal offence.  See the Information Commissioner’s notification web page for more information, or call the notification help line on 01625 545740.

You may be exempt if you only process personal information for core business purposes such as your own marketing, staff administration, or invoicing.  The Information Commissioner’s website provides an
online self-assessment or a downloadable self-assessment guide to help you determine whether notification is required.


More information about the Data Protection Act

Full details of the Data Protection Act and the Information Commissioner’s role can be found on the Information Commissioner’s website 

Data Protection Good Practice Notes from the Information Commissioner's office:

A quick 'how to comply' checklist (opens a pdf file)

Data protection training checklist for small and medium sized organisations (opens a pdf file)

Checklist for handling requests for personal information (subject access requests) (opens a pdf file)

 

NEW: June 2009 BSI has published a new standard for SMEs and small businesses giving a framework for managing and protecting data.  More information on the new Data Protection from BSI

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TRAINING & DEVELOPMENT Minimize
  • Official Microsoft online training courses
  • Over 10,000 computer and business books
  • Computer-based training software

Now available at our IT and Business Training store

  • Official Microsoft online training courses
  • Over 10,000 computer and business books
  • Computer-based training software

Now available at our IT and Business Training store

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GET PAID QUICKLY Minimize

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business helpline

email Helpline

Ask us your business start-up questions and we’ll refer them to one of our experts for an answer.

>View past questions to the business helpline

business helpline

email Helpline

Ask us your business start-up questions and we’ll refer them to one of our experts for an answer.

>View past questions to the business helpline

 
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BUSINESS EMAIL Minimize

Get an email address for your business

It's not expensive and you don't even need to have a website.

Just register a domain name and get an 'email only' hosting package for only £4 per month!

See our 1-2-3 step guide

Get an email address for your business

It's not expensive and you don't even need to have a website.

Just register a domain name and get an 'email only' hosting package for only £4 per month!

See our 1-2-3 step guide

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DATA PROTECTION ACT Minimize

Quick Reference Guide

Full details of the Act

Good practice guidance

General help line:
01625 545745

Notification help line:
01625 545740

Quick Reference Guide

Full details of the Act

Good practice guidance

General help line:
01625 545745

Notification help line:
01625 545740

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