Established in the Bailiwick

Summary

This is ODPA guidance explaining when a controller, processor or other person is considered 'established in the Bailiwick of Guernsey' under section 111 of the Data Protection (Bailiwick of Guernsey) Law, 2017. Entities that meet this definition are required to register with the ODPA, so the guidance helps organisations work out whether that registration duty applies to them.

• Established if: the entity is a Guernsey, Alderney or Sark person
• Established if: it maintains an office, branch, agency or a regular practice in the Bailiwick
• Established if: it causes or permits processing equipment in the Bailiwick to be used for processing personal data, other than for transit purposes
• Established if: it engages in effective and real processing activities through stable arrangements in the Bailiwick
• Exemption: under regulation B1 of the Data Protection (General Provisions) (Bailiwick of Guernsey) (Amendment No. 2) Regulations 2020, a controller or processor need not register if its processing of personal data in the Bailiwick is only occasional, such as an out of jurisdiction consultant making occasional client visits

The guidance clarifies that occasional, non-stable contact with the Bailiwick (for example infrequent visits) does not trigger the registration requirement, distinguishing this from entities with a genuine office, regular practice or stable processing arrangements there.

Key obligations

• Controllers, processors or other persons who are established in the Bailiwick of Guernsey (per section 111 of the Law) must register with the ODPA.
• Entities relying on the 'occasional processing' exemption under regulation B1 should ensure their Bailiwick activity is genuinely occasional and not part of any stable processing arrangement, or they must register.

Applies to

controllers, processors, other persons (including legal persons) established in the Bailiwick of Guernsey