Guidance on registration

Summary

This is ODPA guidance explaining who must register under the Bailiwick of Guernsey's data protection law and how the annual registration and levy system works. It applies to any controller or processor established in the Bailiwick that processes personal data outside of purely domestic/household purposes, and sets out the current fee levels, how fees are calculated, and how to register, amend, transfer or cancel a registration.

• Who must register: Anyone established in the Bailiwick (individuals, sole traders, landlords, businesses, charities, companies, branches of overseas organisations) who processes personal data for non-domestic purposes, unless an exemption applies.
• Registration levies (2027): £2,595.82 per year for organisations with 50+ full-time-equivalent staff; £64.90 per year for organisations/administered entities with 0-49 FTE staff; £0 for charities and not-for-profit organisations.
• FTE calculation: Fees are based on total FTE employees worldwide (not just those based in the Bailiwick), calculated per the formula in Schedule 1D of the Data Protection (General Provisions) Regulations.
• Levy Collection Agents: GFSC-regulated organisations can act as Levy Collection Agents, declaring and paying levies on behalf of other controllers or processors.
• Companies: Companies are almost always required to register, including dormant, non-trading, asset-holding or closure-stage companies, unless all directors are corporate directors and no other processing occurs.
• Branches and parent organisations: A Bailiwick branch that is itself a controller or processor must register separately; the parent organisation must also register if it maintains an office, branch, agency or regular practice in the Bailiwick.
• Outsourcing to Bailiwick processors: A non-Bailiwick controller or processor that uses a Bailiwick-based processor becomes 'established in the Bailiwick' and must also register.
• Changes and cancellation: Registered controllers and processors must notify ODPA of any changes to their registration within 28 days, and must cancel or maintain registration depending on whether they continue processing personal data.

The guidance also covers definitions (processing, personal data, special category data, controller versus processor, 'established in the Bailiwick') and the domestic purposes exemption, with factors to assess whether an activity falls outside the registration requirement.

Key obligations

• Entities established in the Bailiwick that process personal data for non-domestic purposes must maintain an annual registration with the ODPA (or pay the annual levy via a Levy Collection Agent).
• Registered controllers and processors must notify the ODPA of any changes to their registration details within 28 days.
• Fees must be paid based on total full-time-equivalent employee numbers (calculated per Schedule 1D of the Data Protection (General Provisions) Regulations), regardless of employee location.
• Companies established in the Bailiwick must register unless all directors are corporate directors and no other personal data processing occurs.
• A Bailiwick-based branch that is itself a controller or processor must maintain its own registration in addition to any parent organisation registration.
• Non-Bailiwick controllers or processors using a Bailiwick-based processor must also register with the ODPA.
• Commercial businesses, including dormant or closing companies, must maintain registration for as long as they continue to process or retain personal data.

Applies to

controllers, processors, landlords, sole traders, small businesses, companies, charities and not-for-profit organisations, administrators and administered entities, fiduciaries' administered entities, parent organisations and branches, Levy Collection Agents, non-executive directors in the finance industry

Deadlines

• within 28 days: Registered controllers and processors must notify the ODPA of any changes to their registration.
• 2027: Registration levy amounts stated (£2,595.82 for 50+ FTE staff, £64.90 for 0-49 FTE staff, £0 for charities/not-for-profits) apply for this year.