LCA Certificate of Exemption (Template)

Summary

This is a template Certificate of Exemption that Levy Collection Agents (LCAs) use to confirm that a controller or processor has paid the ODPA annual data protection levy through the LCA rather than directly to the ODPA. It sets out the minimum information an LCA must collect and provide when issuing such a certificate.

• Purpose: Evidence that the annual levy was paid via the LCA, exempting the controller or processor from registering or paying the levy directly with the ODPA.
• LCA details required: Name, registered address, Guernsey Financial Services Commission reference number, telephone and a generic company email.
• Controller or processor details required: Name, registered address, telephone, generic email, and the calendar year for which the certificate is valid.
• Legal responsibility: The controller or processor retains full legal responsibility and liability for compliance with the Data Protection (Bailiwick of Guernsey) Law, 2017, regardless of using an LCA.
• Format flexibility: LCAs may transfer the template text into another format provided the final certificate is issued as a standalone file to the registered entity.
• Who qualifies as an LCA: Defined under the Data Protection (General Provisions) (Bailiwick of Guernsey) (Amendment No. 2) Regulations, 2020 as certain licensed fiduciaries, licensed institutions, licensed insurers, licensed insurance intermediaries/managers, registered non-regulated financial services businesses, or licensed controlled investment businesses, who have been authorised in writing by the controller or processor and have agreed to act as LCA.

The ODPA may request this certificate at any time to verify that the annual levy has been paid. This document is only the template itself; further guidance on the LCA scheme is available at odpa.gg/LCA.

Key obligations

• LCAs must complete the highlighted information for each Certificate of Exemption they issue to a controller or processor.
• LCAs must issue the Certificate of Exemption to the controller or processor on whose behalf they have paid the annual levy.
• If reformatted, the final Certificate of Exemption must be issued to the registered entity as a standalone file.
• The controller or processor must retain and be able to produce the Certificate of Exemption to the ODPA upon request.
• The controller or processor retains full legal responsibility and liability for data protection compliance despite using an LCA.

Applies to

Levy Collection Agents (LCAs), controllers, processors, licensed fiduciaries, licensed institutions (banking), licensed insurers, licensed insurance intermediaries or managers, registered non-regulated financial services businesses, licensed controlled investment businesses