Technology & Digital

Information services compliance checklist

A confirmation checklist for information service businesses. Work through the cross-cutting duties every information service shares, then the section for what you operate — data processing, hosting and web portals, or news agency and other information services.

UK-wide
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UK-wide

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Confirm the obligations that apply to your information service business are in place. Start with section 1, which applies to every information service, then complete the section for what you operate — answer only the items for the services you actually run. Where a duty differs by nation, the item says so.

Section 1 — Every information service business

  1. 1

    Map your controller and processor roles

    Identify which datasets you hold as a controller and which you process for clients, hold a lawful basis for each purpose, and put UK GDPR Article 28 contracts in place with every controller you process for. UK-wide.

  2. 2

    Register with the ICO and pay the data protection fee

    Unless a narrow exemption applies, register with the Information Commissioner's Office and pay the annual data protection fee. UK-wide.

  3. 3

    Follow the electronic marketing and cookie rules

    Meet PECR consent rules for cookies and tracking technologies on your services, and for email, SMS and telephone marketing. Enforced by the ICO. UK-wide.

  4. 4

    Insure your employees

    At least £5 million employers' liability cover from an authorised insurer if you employ anyone (Great Britain; equivalent rules in Northern Ireland).

  5. 5

    Manage workplace health and safety

    Protect employees and others in your offices, server rooms and data centres under the Health and Safety at Work etc. Act 1974 (Great Britain; corresponding order in Northern Ireland).

  6. 6

    Assess fire safety

    Carry out and maintain a fire risk assessment of your non-domestic premises (Fire Safety Order in England and Wales; separate regimes in Scotland and Northern Ireland).

  7. 7

    Avoid discrimination

    Comply with the Equality Act 2010 (Great Britain) or Northern Ireland equality law in employment and in services to the public — including the accessibility of your customer-facing digital services.

Section 2 — Data processing, hosting and web portals

  1. 1

    Check whether you are an RDSP under the NIS Regulations

    Only cloud computing services, online search engines and online marketplaces qualify — and only at or above 50 staff or more than €10 million turnover or balance sheet. If in scope, register with the ICO, implement security measures and confirm your incident-reporting arrangements against the NIS Regulations guide. UK-wide.

  2. 2

    Check your Online Safety Act scope per service

    A service hosting user-generated content is likely a user-to-user service; search services carry a lighter duty set; pure data-feed or directory portals with no user interaction are generally out of scope. If in scope, work through the Online Safety Act compliance checklist. UK-wide.

  3. 3

    Evidence your security posture

    Consider voluntary Cyber Essentials certification — it maps onto the technical measures the UK GDPR and NIS Regulations expect, and many public-sector contracts require it.

Section 3 — News agencies and other information services

  1. 1

    Manage copyright in your output

    Record authorship and ownership of articles, photographs and footage, set clear syndication licence terms, respect third-party rights in material you syndicate onward, and consider any database right in compiled feeds. UK-wide.

  2. 2

    License what you copy from other publishers

    Hold the collective licences your monitoring or clipping work needs (NLA Media Access for newspapers and many news websites; CLA for books, journals and magazines) and make clear in client contracts who licenses what.

  3. 3

    Decide your press self-regulation position

    Joining IPSO or Impress is voluntary — there is no statutory press licensing — but editorial liability still arises under defamation, contempt and data protection law.

  4. 4

    Check your Online Safety Act position

    Recognised news publisher content and below-the-line comments are exempt, but a separate user-to-user platform you operate is in scope — check per service.