Penalties for non-compliance

Most people will probably disregard the penalties for non-compliance with data protection regulations, as to date there have only been a very limited number of cases in UK courts.

However it is imperative to remember that although there have been very few cases so far, it will certainly not remain this way for long.

Indeed, the UK is currently the only European country not to have experienced a significant case of DPA non-compliance, and it is unlikely to remain this way.


With that in mind, here are the 12 reasons why you must comply:

  • £50,000 maximum fine under the “persistent abuse of telecoms system” provisions of Communications Act 2003
  • 10 years maximum imprisonment or a £5,000 fine under the Computer Misuse Act
  • £5,000 maximum fine under the Data Protection Act (per record)
  • Unlimited damages awards in the civil courts
  • 6 figure fines in other EU states – It’s the law of the country that receives the email which applies and not the law of the country which sent it
  • Complaint upheld findings by ASA, the Advertising Standards Authority
  • Breach of contract claims/penalties
  • Value of data collected not comprised
  • Business more saleable
  • Avoid diversion of time regulatory firefighting and legal costs
  • Avoid negative PR
  • Keeping your clients, customers and prospects happy

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