Registration guidance for sole traders and small businesses

Summary

This is ODPA guidance clarifying that, since 2021, sole traders and small businesses that process personal data and are 'Established in the Bailiwick' of Guernsey must register with the Authority. It explains the key terms 'personal data' and 'processing' broadly, and describes the narrow exception for purely domestic or household purposes under section 4 of the Data Protection (Bailiwick of Guernsey) Law.

• Producing an invoice for any individual
• Recording CCTV footage or taking photographs capturing individuals
• Keeping HR records or paying wages to staff/volunteers
• Holding documents (e.g. a lease) that identify an individual
• Communicating with individuals by letter, phone, email, or messaging/social media apps
• Sending promotional material or taking bookings from individuals
• Delivering goods or performing services at individuals' addresses
• Storing documentation identifying an individual, including health data
• Holding a register of directors and/or shareholders identifying individuals

The guidance notes that the Law covers personal data obtained both directly from individuals and indirectly (e.g. from another business or publicly available sources), meaning the range of everyday business activities that trigger a registration obligation is very broad.

Key obligations

• Sole traders and small businesses that process personal data and are 'Established in the Bailiwick' must register with the Authority (ODPA), unless they can rely on the section 4 Domestic/Household Purposes Exception under the Data Protection (Bailiwick of Guernsey) Law.

Applies to

sole traders, small businesses, all entities established in the Bailiwick that process personal data

Deadlines

• As of 2021: Registration with the Authority has been required for all entities, including sole traders and small businesses, processing personal data while established in the Bailiwick.