Why is the ICO Website Important to My Company in England?

Your business must comply with data protection rules and regulations. The General Data Protection Regulation (GDPR) contains most data protection rules in England. The Information Commissioner’s Office (ICO) provides data protection advice and may fine non-complying businesses. This article will explore the importance of the ICO website, how to use it to ensure your business complies with the GDPR, and the consequences of disregarding it. 

What is the ICO?

The ICO advises and enforces data protection law in England. Their responsibilities include:

• providing written guidance on data protection rules on their website;
• investigating data protection breach complaints against businesses; and
• punishing businesses that break GDPR rules.

Why is the ICO’s Website Useful?

Data protection is incredibly complex, and, as such, the ICO’s immense guidance content can provide vital information for your business. The ICO’s website provides detailed information on correctly processing, handling, and storing personal data. For example, the Employment Practice Code details obligations to staff members, including day-to-day data management, recruitment, and workplace monitoring.

Does My Business Need to Comply With the GDPR?

Since your business handles personal information and data, you should be aware of relevant data protection rules. Due to the complex nature and significant rules, many business owners trust lawyers to assist with their data protection decisions.

The ICO is more likely to investigate companies not complying with GDPR rules relating to: 

• unlawful monitoring of individuals within the workplace;
• any failure, particularly an intentional failure, to correctly handle a Subject Access Request;
• failure to report a personal data breach to the ICO within the applicable 72-hour period; and
• use of personal information without a lawful reason.

The ICO website contains helpful information on these areas.

What Are the Potential Consequences of Ignoring ICO Website Guidance?

As the ICO website summarises the main requirements of the GDPR, ignoring ICO guidance may lead your business to break the GDPR’s rules. If your business is suspected of breaching data protection rules, the ICO may investigate the business and issue fines up to £17.5m. While £17.5m represents fines on the higher end of severe breaches, most ICO fines can still be thousands or tens of thousands of pounds. Therefore, it is in your business’ interest to comply with ICO guidance. In particular, many business owners find the Frequently Asked Questions sections of the ICO website helpful.

Key Takeaways

Using a sports analogy, the ICO is the referee for data protection in England, and the ICO website is the referee’s rule book. In the same way athletes enter the pitch knowing the rules, your business can read the essential data protection requirements to avoid penalties. Thus, reviewing the ICO website regularly can allow you to ensure your business handles data correctly. The website is free to access and offers a comprehensive source of information. Additionally, the ICO website delivers the complex material in the GDPR in a clear, succinct format.  

If you need help with data protection rules in England and identifying good data practices from ICO guidance, 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