The European Commission (EC) have begun the process of reassessing the Bailiwick’s ‘adequacy’ as a non-EU country in relation to how well we meet the standards of data protection laid out in the EU’s General Data Protection Regulation (GDPR).
Why is this important?
Data plays a vital role for all business sectors. An adequacy decision from the EC is essential to the continued success of the Bailiwick’s economy as it allows EU organisations to easily transfer data to the islands of the Bailiwick.
How did the Bailiwick achieve its current ‘adequate’ status?
By implementing its own data protection legislation that protects local citizens’ rights and ensuring local organisations offer goods or services to people within the EU in a way that is compliant with the standards of data protection laid out in the GDPR.
The Bailiwick is one of thirteen jurisdictions that the EC currently recognises as offering an adequate standard of data protection. This recognition was given to our 2001 Law and whilst ‘grandfathered’ across to the GDPR regime, it was acknowledged that a review of our adequacy would be needed, at a time chosen by the EC.
What happens now?
The EC has recently requested that that we embark on the adequacy review process.
In April 2019 The Office of the Data Protection Authority submitted a report to the States of Guernsey which will form part of the detailed adequacy report being compiled for submission to the EC in early May 2019.
It is expected that all adequate jurisdictions will be subject to regular ongoing review by the EC.