OPDA publishes new guidance as data protection registration and renewal window opens

The Office of the Data Protection Authority (ODPA) has published new guidance for sole traders, landlords and small businesses to help them understand their responsibilities under the Bailiwick’s data protection law.

Since 2021, it is a legal requirement for all entities (inclusive of small businesses and sole traders) that process personal data and are established in the Bailiwick to register with the ODPA.

The annual registration window is now open and the ODPA would like to remind all organisations to review and renew their existing registration before the end of February.

For any eligible organisations or individuals who are not yet registered, they also have until the end of February to complete the simple 5-minute process of setting up a new registration.

Charities and non-profit organisations can register free of charge.

If you are not sure if you need to register, the ODPA have set out these three criteria to make this as clear as possible:

1. You are established in the Bailiwick of Guernsey.
2. You are working with personal data (i.e. any information that may identify individual people, such as your staff members, your clients, your business contacts, your service users, your tenants etc.)
3. The activity you are performing is not part of your personal/household affairs.

There is more detailed information at www.odpa.gg/registration.

The annual registration fee is based on the number of ‘full-time’ staff in each organisation and is unchanged from last year: £2,000 per year for organisations with 50 or more full-time equivalent staff, and £50 for all other entities. These levies enable the Authority to fulfil its regulatory mandate of promoting and protecting data protection rights in the Bailiwick.

“More than ever, people care about how their information is treated. Strong data protection legislation is key to a vibrant economy and trusted public sector,” said Commissioner Brent Homan. “We are committed to ensuring the Bailiwick’s residents benefit from a public and private sector that embraces compliance and elevates the level of trust and consumer confidence.”

The registration process is straightforward so that organisations can focus their efforts on what data protection legislation seeks to achieve: ensuring all human beings are treated with respect and dignity.

Failure to register may result in the OPDA using its enforcement powers and pursuing cases of registration non-compliance through the Magistrate’s Court Petty Debt process.

To register with the Authority, visit www.odpa.gg/registration by 29 February 2024.

Anyone with questions about registration can attend a free drop-in session on any Wednesday morning between 09:00-12:00 during January and February, more details at: www.odpa.gg/drop-ins.

The ODPA team will also be holding a data safeguarding masterclass aimed at small businesses on Tuesday 16 January at the Digital Greenhouse from 12 – 1pm.