Is your host registered with the ICO? It's a legal requirement!

[Harry]

Note: This thread is in the 'Hosting' section as it's specifically targeting/informing hosts.

In this thread, I will go into detail regarding the specific data protection laws/legislation within the UK, and when you're required to register with the Information Commissioner Office (ICO) as well as pay a data protection fee.

This only applies to businesses and/or incorporated companies operating within the UK. You can happily ignore this thread if this doesn't apply to you, but any input or corrections are encouraged. All sources and links will be listed in the 'Sources' spoiler below (ie. links to gov.uk legislation and ico.org.uk pages).

As I alluded to above, under the 'Data Protection (Charges and Information) Regulations 2018', any organisation or sole trader operating within the UK is required to register with the ICO and pay a data protection fee which in most cases, is only £40 (depending on the tier). However, there are exemptions to this, though, these are mainly regarding public bodies and charities.

As a sole trader, you can be legally held liable for not registering, as you're one with the business and not a separate legal entity.

Spoiler: Quote from ico.org.uk

From 25 May 2018, the Data Protection (Charges and Information) Regulations 2018 requires every organisation or sole trader who processes personal information to pay a data protection fee to the ICO, unless they are exempt.

I suggest assuming that if you're processing personal information, you're required to register and pay. You can fill out a self-assessment form regarding your specific business situation here: https://ico.org.uk/for-organisations/data-protection-fee/self-assessment/

To reiterate a point I've made to a few hosts directly so far; Yes, hosts are required to register and pay a fee.

Spoiler: Self-assessment form (for a host)

I decided to make this thread as I've seen many hosts that haven't registered, and it's pretty disappointing since some have banned me from their Discord and/or live chat for confronting them about it. Mainly, GameLife Hosting and I'm making this thread to bring awareness that this is a legal requirement.

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Not sure if you've registered? Not sure if a business and/or host you're purchasing from is registered? No worries, the ICO has a public register which can be searched here: https://ico.org.uk/esdwebpages/search
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Spoiler: Sources

Data Protection (Charges and Information) Regulations 2018: https://www.legislation.gov.uk/ukdsi/2018/9780111165782

Data Protection fee: https://ico.org.uk/for-organisations/data-protection-fee/

Register search: https://ico.org.uk/esdwebpages/search

 

[Metrotyranno]

pay a data protection fee which in most cases, is only £40 (depending on the tier)

"protection" fee

 

[Harry]

"protection" fee

To be fair, it's only really used to help the ICO carry out their duties, but is a legal requirement in the UK so that's the main reason why I made this thread (also so anyone can refer back to it at any time).

 

[Spenser]

jokes on you, im not EU

 

[Flawws]

Hey,

I think this is a great thread. I mean, the fact that people banned you for saying it is insane. You came into my discord I took it as a suggestion and feedback and never banned you. It shows immaturity and the ability to not comply to the law.

Thanks

 

[Court]

I believe if you offer hosting to anyone in the EU, even if you aren't based in it, you are still required to sign up for allowing EU residents to purchase.

Correct me if I'm wrong

 

[Harry]

I believe if you offer hosting to anyone in the EU, even if you aren't based in it, you are still required to sign up for allowing EU residents to purchase.

Correct me if I'm wrong

You would have to comply with GDPR, correct, but this thread is referencing a specific UK law/legislation (different to GDPR, but they coincide), so I don't believe it affects anyone or any business outside of the UK. I'll look into it further to fully confirm, but I'm pretty sure that's how it is currently set out in the legalisation.

 

[Donut]

jokes on you, im not EU

Do you not serve EU clients?

 

[Spenser]

Do you not serve EU clients?

it was a joke but we serve very few EU clients, mainly NA & some from Asia.

 

[Harry]

Do you not serve EU clients?

Wouldn't really matter anyway, as this only affects businesses in the UK only (unless you were just curious).

 

[SafeSurf]

This should only apply to UK companies as far as I understood. EU companies should still be GPDR compliant tho.
As UK is exiting EU, it wont and cant apply to that market

 

[Twijn]

Sounds like you're butt hurt that people were banning you from their discord servers (as you specifically state you have a bias towards a certain hosting service, and care enough to call them out publicly)

 

[Ajdin]

This only applies to businesses and/or incorporated companies operating within the UK.

This is not true. It's a requirement for every business in the European Union, not only UK. Every company has to start by getting GDPR compliant because most of them aren't.

 

[Harry]

Sounds like you're butt hurt that people were banning you from their discord servers (as you specifically state you have a bias towards a certain hosting service, and care enough to call them out publicly)

Butt hurt..? Yeah, it's annoying that they're complicit in knowingly and purposefully disregarding this, but I didn't make the thread to simply call them out publically. I made it to spread awareness that it's actually a legal requirement, as a lot of hosts/businesses don't know.

I've had plenty of professional and very constructive conversations with directors, and that's the sort of response I would expect to get. Not simply being banned from their Discord and ignored.

This is not true. It's a requirement for every business in the European Union, not only UK. Every company has to start by getting GDPR compliant because most of them aren't.

In this instance, as I'm referring to a specific UK law/legislation, it only applies to UK businesses. Yes, you would also have to be GDPR compliant, and any other business would, but they wouldn't have to register with the ICO/pay a fee if they're not operating out of the UK.

 

[CaptainDuck]

I'm going to call you out frankly, who cares?

No one (here) even knew that this even existed and no one has suffered from obstructing this 'requirement'.

 

[Harry]

I'm going to call you out frankly, who cares?

No one (here) even knew that this even existed and no one has suffered from obstructing this 'requirement'.

Obviously not you, and you don't reside in the UK either, so why would you? But for those of us who do, someone of us do care.

The main reason is it's legally required, but it also protects the business and/or directors from fines etc, and in a sole trader situation, being personally held liable (due to not being a separate legal entity).

They've already started issuing fines so :/

Edit: Sorry if I sound defensive here, but just because some people don't care, doesn't make it an excuse to break the law.

 

[Twijn]

I made it to spread awareness that it's actually a legal requirement, as a lot of hosts/businesses don't know.

If such was true, you would not have literally called out a specific entity:

Mainly, GameLife Hosting

This could have and should have been omitted.

It's really not as huge of an issue as you're making it out to be, and you're in no way being affected by people being non-compliant.

 

[Harry]

If such was true, you would not have literally called out a specific entity:

This could have and should have been omitted.

It's really not as huge of an issue as you're making it out to be, and you're in no way being affected by people being non-compliant.

Oh, yeah, just let every business disregard laws/legislation, that'll work out for everyone. Again, just because it may not be affected me/you personally, doesn't make it an excuse to not register/pay a fee, and in turn break the law.

I'm going to clear this up for you quickly. If I had been trying to publically call out that specific host, I would have included every single screenshot/recording of them banning me, but that's clearly not what I did. This was meant to be an informative thread, for business owners located in the UK who operating on here.

 

[Twijn]

i belive they should otherwise they are breaking the law. so it is kind of important and i salute this man for bringing it up

I think there are plenty of larger issues in the world than people not paying a fee for storing/processing people's personal information.

Oh, yeah, just let every business disregard laws/legislation, that'll work out for everyone. Again, just because it may not be affected me/you personally, doesn't make it an excuse to not register/pay a fee, and in turn break the law.

Again, there are many of bigger issues in the world than people not paying a fee. I'm not excusing them for not doing so - It's obviously not OK for them to be breaking the law if they're required to do so. I just don't think it's your duty to talk to these service administrators directly, or to make a thread specifically for it.

I'm going to clear this up for you quickly. If I had been trying to publically call out that specific host, I would have included every single screenshot/recording of them banning me, but that's clearly not what I did. This was meant to be an informative thread, for business owners located in the UK who operating on here.

My previous point still stands true. The name of the hosting company could have and should have been omitted completely, no matter your intentions.

 

[Harry]

I think there are plenty of larger issues in the world than people not paying a fee for storing/processing people's personal information.

Again, there are many of bigger issues in the world than people not paying a fee. I'm not excusing them for not doing so - It's obviously not OK for them to be breaking the law if they're required to do so. I just don't think it's your duty to talk to these service administrators directly, or to make a thread specifically for it.

My previous point still stands true. The name of the hosting company could have and should have been omitted completely, no matter your intentions.

Yes, it could have been omitted, but I don't see the reasoning behind doing this. I specifically mention their host firstly, to try and further get their attention, as any contact with them has just been ignored. Secondly, to present them with all the facts and specific links to the legislation, while making it publically available for anyone and thirdly, because I've already posted on their thread, so it's already public and would do no harm to mention how that specific host should not be acting (or specifically their director).

It was an example, given to show that some hosts are complicit in disregarding the law, and don't care if this is publically known.

Simply mentioning them doesn't degrade any of my points, and you've mentioned that I should omit the name, but have not given any reasons why?

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Yes, of course, there are bigger issues in the world, and I'm not denying that obviously, but again, that isn't an excuse for breaking the law. I've never said it's my 'duty' to talk to these businesses or make this thread, but how will it ever improve/get resolved if someone doesn't?