Registration and beyond: changes in effect from January 2021

QUICK SUMMARY 
From January 2021 all local organisations/businesses/sole-traders (and all other entities established in the Bailiwick) who are doing anything with personal data are legally required to register with the Office of the Data Protection Authority (ODPA), and pay an annual fee.

You can register online here. 

The fee paid is based on how many full-time equivalent employees you have:

• £2,000/year for organisations with 50 or more FTE staff
  or
• £50/year for all other organisations
• £0/year for registered charities and not-for-profit organisations

This may not be on your radar as you may have previously been exempt from registration – these exemptions ended on 31 December 2020. The ODPA is reaching out to all corners of its regulated community in Guernsey, Alderney, Sark, and Herm to make sure everyone knows what is changing, why it’s changing, and most importantly: what they need to do.

The simple act of registering with the ODPA does not make you compliant with the law – how you treat people’s data determines that. In light of this the ODPA is now taking registrations from organisations during January-February 2021 and supporting them in understanding and engaging positively with their legal duties under the local data protection law.

Meeting these duties benefits organisations directly as it helps build trust and confidence with their customers, service users, staff and any other people whose data they use. And ultimately it helps avoid data harms that can damage people’s lives, careers, and reputations.
 

AUDIO SUMMARY: 
Listen to this podcast to hear Emma Martins explain the 2021 changes to registration and how it’s really just the first step in a journey towards looking after personal data well.

Please take a look through the resources below to understand what you need to do about the changes to ODPA registration from 2021:

• Everything you need to know about: ODPA Registration & Levy Regime (from January 2021)
  this is a detailed document, please read carefully and contact us if you have any follow up questions. 
• Guidance Note: Registration with an ODPA Levy Collection Agent
  this document gives specific guidance for organisations wishing to become an ODPA Levy Collection Agent (LCA), or register with one.
  includes template for ‘Certificate of Exemption’ on page 6.
• Template: Levy Collection Agent (LCA) ‘Certificate of Exemption’
  if you are interested in becoming an ODPA LCA and are looking for a Certificate of Exemption template please see page 6 of this document for the template itself and guidance on how to use it. 
• Guidance Note: Established in the Bailiwick
  this document will help you determine whether you are ‘established’ in the Bailiwick of Guernsey for the purposes of the Law, and therefore if you have to register or not. 
• Legislation: The Data Protection (General Provisions) (Bailiwick of Guernsey) (Amendment No.2) Regulations, 2020
  the changes to ODPA registration are the result of this statutory instrument approved by the Committee for Home Affairs on 14 September 2020
• Exception: Personal / Household activities 
  this page provides some context on the exception for what members of the public do in their personal lives that involves personal data.
• Podcast: Emma Martins explains the registration changes and how it’s really just the first step in a journey towards looking after personal data well.
• Video: Registration and beyond: video explainer
  This video gives you a quick overview of our brand new 2021 registration process to guide you through a couple of areas you may not be familiar with. 
• Events: we are running a range of events throughout the year to assist you in your compliance. 

HELP & ADVICE
If you’ve been through the resources above and have some follow-up questions:

• Please do not hesitate to contact us by phone or email.
• Please come in to talk to a member of staff at our weekly drop-in sessions to ask any questions you have about the changes.
• Please read The Feel-Good Guide to Data Protection if you need an easy to read introduction to help get your organisation/business up to speed.