The UK’s small business community is still worryingly unprepared
for new data protection regulations, according to new research
from the Federation of Small Businesses (FSB).
The research, published today, shows that a third (33%) of
small businesses have not started preparing for the introduction
of the General Data Protection Regulation (GDPR) while a further
third (35%) are only in the early stages of preparations. Only
eight per cent of small businesses have completed their
preparations.
For those small firms starting to prepare for the changes,
just over half (52%) say they will approach the Information
Commissioner's Office (ICO) for advice.
Mike Cherry, FSB National Chairman,
said: “The GDPR is the
biggest shake-up in data protection to date and many small
businesses will be concerned that the changes will be too much to
handle. It’s clear that a large part of the small business
community is still unaware of the steps that they need to take to
comply and may be left playing catch-up.
“With less than 100 days until the changes come into
force, the attention now shifts to the Information Commissioner's
Office and whether it can effectively manage the demands of small
businesses seeking advice and guidance. It is vital that smaller
firms looking for this support, either by phone or the web, are
able to get it easily.”
It is likely that some small businesses will not be
compliant ahead of the May deadline. It is important, therefore,
that the ICO takes a proportionate approach to enforcement and
supports firms towards compliance as opposed to resorting to
fines.
Mike
Cherry continued: “Non-compliance must
initially be dealt with in a light touch manner instead of
handing down tough penalties. There must be a willingness to play
a supportive role in ensuring that small businesses can and are
able to comply. The ICO will be critical to creating an
environment which focuses on education and prevention and not
punishment.”
Information Commissioner, Elizabeth
Denham, said: “I want to
be clear that this law is not about fines; it’s
about putting the consumer and citizen first, and rebalancing
data relationships and trust between individuals and
organisations.
“As regulator, we do have the power to impose larger
fines under the GDPR, but we have access to lots of other tools
that are well-suited to the task at hand, such as guiding,
advising and educating organisations, and these are just as
effective.
“The report tells us that many small and medium sized
organisations are preparing for the new data protection laws but
some still have to make a start. The ICO’s website offers a
number of ways in which organisations of all sizes, and all
sectors, can self-serve to get the help they need. We will study
the survey findings carefully to see if we can improve the help
we offer.
“We also know that many representative bodies and
sector associations are also providing excellent GDPR advice and
support for their members.”
Concerns around the pressures associated with complying
with data protection regulations are still widespread among the
small business community. 60 per cent of small businesses
have reported lower profits due to complying with data protection
and 31 per cent say that they have been forced to stop workforce
expansion.
On average small firms will spend seven hours per month
meeting their data protection obligations which equates to £1,075
per year. The direct cost of complying comes in at £508 per year.
These costs will continue to grow with GDPR and further data
protection regulation, such as ePrivacy, coming into
force.
Mike Cherry said: “Small
businesses do understand the need for, and the benefits of, data
protection regulations. However, many struggle with the
cumulative burden of the regulations and the costs that
compliance brings both in time and money.
“In the long-term, the Government must consider
undertaking a regulatory review with the aim being to minimize
the negative consequences of regulating data and maximizing as
many of the benefits access to, and use of, data can bring for
smaller businesses.”
ENDS
Notes to Editor
1) Data Ready: Mitigating the impact of Data
Protection Regulation on small businesses report,
February 2018. The report will be released today and is available
on request.
2) Today marks the start of FSB’s campaign #FSBeDataReady
aimed at raising awareness of GDPR among the small business
community and supporting them prepare for the changes. The
campaign will run through to the 2nd of March 2018.