If you work with information, facts or opinions about living people, you are legally obliged to maintain an annual registration with the Data Protection Authority (the Authority) under
The Data Protection (Bailiwick of Guernsey) Law, 2017.
The Office of the Data Protection Authority (the ODPA) would like to remind organisations who registered or renewed during 2022 to review and renew their existing registration before the registration window closes at the end of February. For any eligible organisations 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 (whether you are a sole trader, organisation, business, charity, landlord, business association etc.) 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
odpa.gg/registration.
The only change to the registration system this year is that you now need to indicate which sector you operate in. This extra piece of information will help the ODPA understand the breakdown of the regulated community and what sort of processing organisations may be undertaking. The sectors available are based on the States of Guernsey’s “Classification Codes for Economic Sectors”.
The Bailiwick’s Data Protection Commissioner, Emma Martins, says:
‘After you've completed the annual exercise of reviewing and renewing your registration with us, it's a good opportunity to review your legal obligations under The Data Protection (Bailiwick of Guernsey) Law, 2017 - as they are what you need to focus on 365 days a year to ensure that you are treating people's data well. Meeting these duties benefits you directly as it helps build trust and confidence with your customers, service users, staff and any other people whose data you use.’
The annual registration fee is based on the number of ‘full-time equivalent’ 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 allow the Authority to fulfil its statutory obligations independently of the States of Guernsey. Ensuring the Bailiwick has a properly resourced and effective data protection regulator supports islanders’ rights, supports businesses to handle data properly and serves to underpin the Bailiwick’s digital strategy and the islands’ place in the global economy.
Mrs Martins added:
‘The registration process is deliberately 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.’
- To register with the Authority visit odpa.gg/registration by 28 February 2023.
- 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: odpa.gg/drop-ins.
- There is a range of guidance and resources to support people who may be new to the registration process, available at: odpa.gg/registration/guidance-on-registration.
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