Data Protection (General Provisions) (Bailiwick of Guernsey) (Amendment) Regulations, 2024

Summary

These Regulations amend the Data Protection (General Provisions) (Bailiwick of Guernsey) Regulations, 2018 to change the fees and annual levies payable under the Bailiwick's data protection registration regime, and to introduce an automatic annual inflation uplift mechanism for future years.

• Fee and levy changes from 1 January 2025: The annual levy for the Policy and Resources Committee of the States of Guernsey is reduced from £300,000 to £250,000; the levy for the Policy and Finance Committees of Alderney and Sark rises from £2,000 to £2,400; the registration fee and annual levy for large organisations (levy collection agents and any other person, higher tier) rises from £2,000 to £2,400; and the fee and levy for small organisations or individuals, and the administered entities charge, rises from £50 to £60.
• Automatic RPIX inflation increases 2026 to 2028: For levy collection agents and any other person, the registration fee is automatically increased each year from 2026 to 2028 by the percentage increase in Guernsey's RPIX index over the preceding year to June, using the States of Guernsey inflation calculator where practicable.
• Annual levy inflation increases 2026 to 2028: The annual levy payable by each controller or processor (other than those with a nil levy) is likewise automatically increased for 2026, 2027 and 2028 based on the RPIX index, calculated cumulatively on the prior year's payable amount.
• No decrease rule: If the RPIX index shows no increase, or a decrease, for a given period, the fee or levy for that period remains the same as for the immediately preceding period rather than being reduced.

The changes took effect on 1 January 2025, when the new fee and levy amounts became payable; the RPIX based automatic increases apply from 1 January 2026 through 31 December 2028.

Key obligations

• Controllers, processors, levy collection agents and other registrable persons must pay the revised registration fees and annual levies set out in Schedule 1 as amended, effective 1 January 2025.
• For the periods 1 January 2026 to 31 December 2028, levy collection agents and persons described as any other person must pay registration fees automatically increased by the RPIX inflation percentage for the relevant year, calculated using the States of Guernsey RPIX inflation calculator where practicable.
• For the periods 1 January 2026 to 31 December 2028, each controller or processor (other than one subject to a nil annual levy) must pay an annual levy automatically increased by the applicable RPIX inflation percentage.

Applies to

controllers, processors, levy collection agents, persons described as any other person (registrable individuals or small organisations), Policy and Resources Committee of the States of Guernsey, Policy and Finance Committee of the States of Alderney, Policy and Finance Committee of the Chief Pleas of Sark

Deadlines

• 1st January, 2025: Commencement date of the Regulations and effective date of the revised registration fees and annual levies.
• 1st January, 2026 to 31st December, 2026: Period for which registration fees and annual levies are automatically increased by RPIX inflation to June 2025.
• 1st January, 2027 to 31st December, 2027: Period for which registration fees and annual levies are automatically increased by RPIX inflation to June 2026.
• 1st January, 2028 to 31st December, 2028: Period for which registration fees and annual levies are automatically increased by RPIX inflation to June 2027.

Related documents

• This document is made under Data Protection (Bailiwick of Guernsey) Law, 2017 (Consolidated text)
• This document amends Data Protection (General Provisions) (Bailiwick of Guernsey) Regulations, 2018