GDPR registration reminder
Landlords are being reminded by the Information Commissioner’s Office (ICO) to check whether they need to register and pay a fee, if they have not already done so.
The reminder comes as the ICO have announced they will again be writing to the ‘real estate sector’, as part of a campaign to remind those in the sector that they may have a legal responsibility to register with the ICO and pay a fee.
The ICO originally launched a campaign in June on this topic. In response to some questions that were asked following the first campaign, a new ICO webpage has also been launched, which includes information about paying a data protection fee, specifically aimed at those in the real estate sector.
NRLA members should still largely be unaffected by this however, because NRLA guidance on GDPR for landlords already states that in most cases landlords will need to register with the ICO and pay a yearly fee, so members will likely already be registered unless they are exempt.
What to do if you receive a letter
Those who receive a letter, are advised to check if they need to register and pay the fee. The ICO has also developed a self-assessment tool for people to use to check if they need to pay a fee, and the answers to some frequently asked questions can also be read on the ICO website. A sample of what the letter could look like can be viewed here.
Those who believe they are exempt should also let the ICO know.
The General Data Protection Regulations (GDPR) came into effect on 25th May 2018.
As a landlord, you will hold a significant amount of personal data about tenants, guarantors and prospective tenants. As you are responsible for the collection and the use of this information, this makes you a ‘data controller’. It is the responsibility of the data controller to ensure that personal information is used in line with the principles of GDPR.
It is important that you identify any records which contain personal information and assess whether you are complying with the GDPR principles. More on this can be read in our GDPR guide for landlords.
Do I need to register with the ICO?
Landlords are required to register with the Information Commissioner’s Office.
If you are processing personal data for the purpose of producing tenancy agreements/contracts, performing credit checks via a credit reference agency on prospective tenants and obtaining references this would require you to pay a data protection fee.
To register, you can click here.
- Learn more about GDPR by signing up to our eLearning GDPR course. The course is suitable for landlords and letting/managing agents, and is available to NRLA members from £24.