Consultation on Updating the Data Protection (Fees) Regulations 2018

Results updated 2 Apr 2026

Executive summary

The Information Commissioner’s Office (ICO) undertook a public consultation on proposed amendments to the data protection fee regime set out in the Data Protection (Fees) Regulations 2018.

The consultation ran from 14 October to 1 December and sought views on proposals to increase, for the first time since 2011, the annual fee payable by controllers and processors to the ICO. The consultation proposed the introduction of a tiered, risk-based fee model, broadly consistent with approaches adopted in Guernsey, Jersey, and the UK. Respondents were invited to comment on the proposed fee structure and several associated policy questions.

In total, 81 responses were received. Most of the respondents recognised the importance of ensuring that the ICO is sustainably resourced to effectively deliver its statutory functions, support organisations in their compliance efforts, and help maintain the Island's data adequacy status. 

There was broad acceptance of a proportional, tiered approach in principle. 

However, respondents also emphasised that employee headcount alone may not adequately reflect the regulatory risk or compliance burden placed on the ICO by different organisations. Many noted that additional factors, including turnover, the nature and volume of data processed, and the sensitivity of that data, are relevant when considering how costs should be distributed fairly across controllers and processors.

At the same time, respondents encouraged further refinement of the proposed model to ensure it remains fair, transparent and clearly linked to regulatory risk. Suggestions included revisiting the employee thresholds (particularly the jump at 50+ employees), considering the case for a higher fixed contribution from the public sector, and exploring whether additional indicators, such as turnover, profit, sector, or risk profile, could complement headcount. Overall, respondents supported a funding framework that is sustainable for the office while being clearly evidence-based and proportionate for those who pay the fee.

We have carefully considered the feedback received, particularly concerns about relying solely on headcount and the sharp jumps between tiers. We are therefore recommending reduced fee amounts – lowering the upper limit from £2,400 to £1,900 and the middle tier from £150 to £90, alongside a new turnover threshold. Within this recommended model, any organisation with annual turnover exceeding £2 million will be subject to the top tier fee. This would apply to approximately the top 9% of businesses on the Island.

Our recommended fee model is:

Less than 10 employees (FTE)
Proposed consulted on fee: £75
Recommended fee: £75

11 to 49 employees (FTE)
Proposed consulted on fee: £150
Recommended fee: £90

More than 50 employees (FTE)
Proposed consulted on fee: £2,400
Recommended fee: £1,900

• In addition, any business which has a turnover of over £2 million – representing the top 9% of business on the island – should be automatically charged the higher fee
   
• The Isle of Man public sector group fee should remain at the proposed £300,000 but will be subject to review
   
• Charities and non-profits should be exempt from paying a registration fee, even if they are operating CCTV cameras
   
• Our recommendation following this consultation is to define non-employers as:
  • Has no employees; and
  • Is administered by a person 
    • Registered to carry on trust company business under the Financial Services Act 2008
    • Registered as a schemes administrator under the Retirement Benefits Schemes Act 2000; or
    • Licensed to carry on fund services business under the Financial Services Act 2008
• And to limit their registration fee to the lowest tier, £75 for those entities without FTE. We recommend implementing wording to the fees order mirroring the administered entities model in use in both Guernsey and Jersey

Several comments also addressed the fees currently paid by those with domestic CCTV that crosses the views of their property boundary. The ICO proposes that individuals who must register should be exempt from paying a fee. 

We are grateful to all those who took the time to participate in the consultation and share their views. We have carefully considered all feedback received. This response addresses the key concerns raised, explains the policy rationale underpinning the proposals, and sets out the recommended next steps.

The fee structure is set out in statute, meaning that any changes require legislative amendment. Following consideration of the consultation responses, we will now share our recommendations with Treasury and request that they bring forward the necessary legislative amendments to give effect to the recommendations set out in this document.

Files:

• ICO Fees Consultation response, 287.9 KB (PDF document)