Below is our guidance to help your organisation fully comply with the transitional aspects of The Data Protection (Bailiwick of Guernsey) Law, 2017. If you would like a general overview before reading the guidance below please listen to episode 3 of our podcast, then read on:
- Transition: a plain English guide for organisations
- Transition: a technical summary for organisations
This is the legal document that gives a full technical outline of the transitional aspects of the Law:
The Data Protection (Commencement, Amendment and Transitional) (Bailiwick of Guernsey) Ordinance, 2018
General guidance / resources:
- Find out what legal rights all Bailiwick citizens have under our data protection law.
- Find out what your organisation’s legal responsibilities are, as defined by The Seven Data Protection Principles. (Download poster version here)
- How to seek consent correctly under the new Law.
- How to incorporate data protection by design and by default into your organisation’s activities.
Specific guidance on Data Protection Impact Assessments (DPIAs):
- Work out whether you need to do a DPIA by asking yourself these screening questions, if you answer ‘yes’ to any of them you will need to carry out a DPIA.
- See this suggested DPIA template for more information.
- You can find out how to link the data protection principles to your DPIA here.
- You may find this detailed DPIA guidance published by the UK’s Information Commissioner’s Office (ICO) useful. [Please note: this is for general guidance only as the UK operates under a different Law).
Specific guidance on the right of Data Portability:
- Read our guidance note to find out what data portability means for citizens and organisations.
Your questions answered
Below are some questions we’ve been asked about transition, if you have any other questions please contact us.
Q. What is transition anyway?
A. When the new Law came into force in May 2018 a transition period was given to several complex areas of it. This means there was a year-long grace period before those areas came fully into force. If you would like more of an overview please listen to episode 3 of our podcast.
Q. What does the end of transitional relief mean for organisations?
A. Local organisations should use the time leading up to May 2019 to review how the transitional areas impact them and fully prepare themselves to be compliant. A good place to start is to read Transition: a plain English guide for organisations.
Q: What does the end of transitional relief mean for citizens?
A: At the end of the transition period in May 2019, all islanders gain a new right of ‘data portability’. This means that they will be legally entitled to request an organisation who holds their personal data to transport it to another organisation. This data must be provided in a format that is easy to download, organise, tag, and be machine-readable.