International standards being met through data law compliance

Tuesday 16 January 2024

The European Union has affirmed Guernsey’s “robust” privacy laws and data sharing with its member countries after a four-year review, leading to warm praise from data protection bosses.

Data protection standards are measured against the EU’s sweeping General Data Protection Regulation (GDPR) which was adopted in 2016 to bolster personal data privacy for citizens.

Failing to achieve adequate status can tie jurisdictions up for years implementing improvements under scrutiny and supervision and can damage international reputation.

A positive assessment means the European Commission is confident businesses are transferring data to member states appropriately while public authorities also share data proportionately on matters of security, healthcare, and education.

While the States itself hailed the accolade as a “significant milestone”, this was backed up by the local Data Protection Authority which hailed the positive perception of Guernsey handling data in a safe and secure fashion.

The ODPA said the assessment was essential to showcase the island’s leading position in the area and protect global business based here. But it noted that maintaining this position is an “ongoing responsibility”. 

“We look forward to further partnership with our regulated community towards preserving Adequacy, with a public and private sector that embraces compliance and elevates the level of trust and consumer confidence,” Commissioner Brent Homan said.

Jersey and the Isle of Man are similarly viewed as adequate jurisdictions for data flows with EU members, among a list of 11 non-EU jurisdictions who enjoy similar recognition.

Pictured: Jurisdictions can only be listed as 'Adequate' or fail the review.

Home Affairs is the local committee which oversaw the review with the Commission, and its President, Deputy Rob Prow, said he was grateful to the public and private sectors for the “significant work” that led to the achievement.

“The importance of this outcome should not be understated, as it both allows our many businesses that work across the EU to continue sharing data seamlessly without any additional restrictions and reassures islanders that their personal data is protected,” he said.

Economic Development President, Deputy Neil Inder reiterated that it was a “significant market” for the island as a safe and secure place to do business. 

And Deputy Jonathan Le Tocq, who leads of external relations on behalf of Policy & Resources, said the decision demonstrates a commitment to “meeting its international obligation and all reasonable standards”.