"To issue a fine there has to be a serious breach. It has to be one that is likely to cause substantial damage or distress to individuals," said Smith.

The ICO is more likely to use its notice powers to encourage companies to comply, said Smith. Effectively, it will write to companies that aren't taking steps to comply with the new regulation, providing timeframes to do so. If these companies fail to achieve compliance within the given timeframe, this then becomes a criminal offence and the ICO can prosecute.