Personal Data and Registering with the ODPA

6From January 2021 all local organisations/businesses/sole-traders (and all other entities established in the Bailiwick) who are using personal data in their work are legally required to register with the Office of the Data Protection Authority (ODPA), and pay an annual fee.

How will this impact NEDs?

From discussions with the ODPA, the GIFA NED Committee understands that most, if not all NEDs, will have to register with the ODPA in their own right. However, there is no “one size fits all” guidance so if you have any doubt then you should contact the ODPA or seek independent advice.

There is a plethora of information on the website of the ODPA but the GIFA NED Committee  has prepared a guidance note that we hope you will find helpful; this can also be found on the GIFA Website in the Members’ area. The NED Committee has drafted a template privacy notice that GIFA NEDs may adapt for their use.

This may not be on your radar as you may be currently exempt from registration –these exemptions end on 31 December 2020. The ODPA is reaching out to all corners of its regulated community in Guernsey, Alderney, Sark, and Herm to make sure everyone knows what is changing, why it’s changing, and most importantly: what they need to do.

The simple act of registering with the ODPA does not make you compliant with the law – how you treat people’s data determines that. In light of this the ODPA are looking forward to registering new organisations from January 2021 and supporting them in understanding and engaging positively with their legal duties under the local data protection law.

The fee paid is based on how many full-time equivalent employees you have:

  • £2,000/yearfor organisations with 50 or more FTE staff
  • £50/yearfor all other organisations
  • £0/yearfor registered charities and not-for-profit organisations