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Call of the Week-GDPR privacy notice

Call of the week

Our Landlord Advice Team are still receiving some calls relating to GDPR, nearly a month on from when the regulation came in to force.

This weeks call was from a landlord of two properties, both of which had tenants already in place. The landlord wanted to know whether he needed to register with the Information Commissioners Office (ICO), or whether this is only something that he needed to do when he started to take information on new incoming tenants.

We were able to inform this landlord that the registration for the ICO comes under the digital economies act.

Therefore, if any kind of electronic device is used by the landlord to communicate with the tenant, or to store information, the the landlord would need to register with the ICO. You can find out more about this in our online GDPR course.

The landlord confirmed they do communicate with their tenant using both email and whatsapp.

Our advisor then confirmed that the landlord did not need ask the tenants to fill out a particular form, but that he should make sure he issues all tenants with a privacy notice, which details how he stores, uses and shares their data. Samples of such privacy notices can be found on the RLA’s website, along with guides on the subject.

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Landlord Advice Team

Landlord Advice Team

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3 Comments

  • I would like to know specifically which part of the digital economies act applies to us as private landlords.

    • Hi, it is regulation 2 of the Personal Data Protection (information and Charging ) Regulations 2018.

      Regulation (2) and (3) require the fee to be paid and the specified information provided with 21 days of the start of the charge period. For someone processing data as at 25th May 2018 who was not already registered the relevant charge period (as defined in Reg 2(6)(b) is the year beginning on 25th May 2018. 21 days from then is 14th June 2018

      I hope this helps.

  • Sadly, yet more admin and messing around for landlords. I know many people who are completely oblivious to these requirements assuming that owning and renting a single property means they aren’t required to register. All of this paperwork for a single unit rented to a single family? Register with the ICO? Who came up with this?

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