The ads were issued by two sole traders, Chris Yewdall of Baguley, Manchester and Finbar Fox of Lytham St Anne's, Lancashire. Both traded separately under the name Data Protection Agency.
The OFT said that the mailshots misled the businesses receiving them to believe that they were under a legal obligation to register with the sender immediately at a cost of £95. The advertisements also failed to explain properly which persons were exempt from the notification.
While UK law requires businesses processing personal data to notify the Information Commissioner, the fee is only £35. Also, many small businesses which process personal data for limited purposes are not required to notify. Businesses can notify the Information Commissioner directly.
The two traders assured the OFT they would stop issuing and sending the misleading mailshots.
The OFT has, under the Control of Misleading Advertisements Regulations 1988, the power to step in if the public interest requires that advertisements should be stopped by means of a court order – but acts only when a complaint has been received.
Earlier this year, the OFT obtained court orders against DRAPS LTD of Manchester and Gary McNeish (both also trading as Data Protection Act Registration Service), and Data Protection Agency Services Ltd of Southport, to stop similar misleading advertising for data protection notification services.
Details on which businesses are required to notify under the Data Protection Act 1998 are available on the Information Commissioner's web site at:
www.dpr.gov.uk