Table of Contents
If your business handles sensitive and personal information, you have a legal duty to protect it according to the General Data Protection Regulation (GDPR). If not, you risk receiving a fine of up to £17.5m from the Information Commissioner’s Office (ICO). Apart from enforcing the GDPR, the ICO also issues certificates to businesses that demonstrate good compliance with data protection principles in England. This article will explore three benefits to your business of obtaining an ICO Certificate and explain why it may reduce the risk of a fine from the ICO.
Information Commissioner’s Office
The Information Commissioner’s Office (ICO) is an independent body set up by the UK Government. It provides guidance on data protection rules and investigates breaches of the GDPR. It helps companies avoid data protection breaches through written guidance. Notably, the ICO gives hefty fines to organisations that do not comply with the data protection rules.
If your business handles personal data, ensure you understand the ICO’s data protection rules. This will help you to avoid breaching your legal duties. Receiving a fine from the ICO is a financial burden and can damage your business’ reputation.
ICO Certificate
The Information Commissioner’s Office maintains a list of approved certification schemes. These are the ‘UK GDPR certification’ schemes.
Each type of ICO certificate has its own criteria and cost. It also has specific requirements on how your company can demonstrate good compliance with data protection principles in that area.
ICO certificates cover a range of topics, and as of summer 2022, the three main types of ICO Certificate are:
- age checks;
- age-appropriate design; and
- asset recovery.
The ICO intends to add to this list in the future.
If your company meets the ICO certification scheme criteria, it can display the ICO certification scheme logo on its website. This helps show your customers, clients and potential business partners that your business takes extra care with handling and storing sensitive information.
LegalVision’s Startup Manual is essential reading material for any startup founder looking to launch and grow a successful startup.
Call 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
Benefits of an ICO Certificate
Below are three benefits to your business of an ICO certificate.
1. Positive Impact on Reputation
Displaying an ICO certification logo on your website helps demonstrate your company’s commitment to safely handling data. This is a particular benefit to your online presence when some clients and customers may be wary of entering their personal details onto your website.
You can select the ICO certification which suits your business’ area of work. For example, if your organisation is a retailer selling medieval-style swords and spears for reenactments and collectors, it would be beneficial to have the age check ICO certificate to demonstrate that your company’s age assurance system works well. The age check certification scheme requires your organisation to show that the age check system is accurate and safe. It also requires you to show that the data obtained is treated lawfully.
2. Mitigation of Risk
Having ICO certification can help show that your company has an active and ongoing intent to comply with data protection rules fully. This is particularly useful in the event of any future ICO investigation. Here, your organisation can put forward the ICO certification as proof of your business valuing compliance with data protection law.
The ICO website confirms that it will treat ICO certification as a mitigating factor during ICO investigations. Therefore, it is good practice for your company to spend time and money to obtain a voluntary ICO certification.
3. Reduced Likelihood of an ICO Fine
The ICO can fine businesses in England up to £17.5m for any breach of the GDPR and is not shy about delivering severe fines even if your business may legitimately struggle to pay it.
Therefore, it is essential to be aware that having an appropriate ICO certificate can help reduce or avoid an ICO fine if the ICO decides that your business has breached data protection principles. Given that a potential fine could be in the tens of thousands, even a small percentage deduction could make a massive difference to your company.
Key Takeaways
There are many benefits for your company from obtaining appropriate ICO certification, such as positively impacting your reputation as a business. A limited number of ICO-approved certification schemes are available, but the ICO has confirmed its intention to approve more certification schemes in the future. If you need help and advice concerning ICO certificates, our experienced data, privacy and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
ICO certificates are issued by third-party schemes approved by the ICO to demonstrate that your business is committed to complying with data protection rules.
The ICO has launched the ICO certification initiative fairly recently, so it plans to increase the number of approved UK GDPR schemes over the next few years. It will take the ICO a little time to review, approve and list different schemes, so it is worth keeping an eye on.
We appreciate your feedback – your submission has been successfully received.
