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ODPA welcomes Adequacy Decision on data flows with the EU

Published: 15 January 2024

Following a four-year review, the European Commission (EC) has concluded that personal data transferred between the European Union (EU) and the Bailiwick of Guernsey continues to benefit from Adequate data protection safeguards.

This is a significant achievement for the Bailiwick as a non-EU ‘third country,’ which demonstrated how it met the higher data protection standards contained within the EU’s General Data Protection Regulation (GDPR).

It recognises the high standard and robust nature of the Bailiwick’s data protection law and its practical implementation across the jurisdiction.

A positive Adequacy decision from the EC is essential to the continued success of the Bailiwick’s economy as it allows EU organisations to easily transfer data to and from the islands of the Bailiwick, particularly the global businesses based here.

In short, this decision confirms that the Bailiwick of Guernsey is a leading jurisdiction for safe and secure data. That said, maintaining Adequacy is an ongoing responsibility.

“This is excellent news for Guernsey residents and the Bailiwick economy which is largely driven by a financial services sector where protected data flows are paramount,” said Bailiwick of Guernsey Data Protection Commissioner Brent Homan.

“We look forward to further partnership with our regulated community towards preserving Adequacy, with a public and private sector that embraces compliance and elevates the level of trust and consumer confidence.”

Richard Thomas, Chairman of the Data Protection Authority, said: “The Adequacy decision is based on both the substance of the Bailiwick’s Data Protection Law and how it is enforced in practice. We can all be very proud that the independence and the effectiveness of Guernsey’s data protection regime has been recognised in this way.”

The Bailiwick is one of 11 non-EU jurisdictions whose Adequacy decisions have been upheld: Andorra, Argentina, Canada, Faroe Islands, the Isle of Man, Israel, Jersey, New Zealand, Switzerland and Uruguay.

The full report on the European Commission’s decision is available here: EU review of 11 existing adequacy decisions (europa.eu)