Office of Data Protection to become self-funding

Thursday 16 July 2020

The Office of Data Protection will start to move towards a self-funding model from next year, with new annual fees for all businesses that process personal data.

From January 2021, operational costs will be met be annual fees paid by local businesses and organisations who are regulated by the ODPA.

The States will still contribute around £300,000 per year - significantly less than the £998,000 that was set aside by the States in 2019.

The ODPA is legally obligated to carry out its work independently from the States.

Home Affairs President Mary Lowe said the move would "reinforce this independence", in turn helping the Bailiwick to maintain its ‘adequacy’ status with the European Commission, which allows the free-flow of data.

“Data is an essential part of the modern economy,” she said. 

“Moving the ODPA to become self-funding will prove important in demonstrating that while the States creates the Data Protection legislation, the Authority is able to act without fear or favour in its investigations.”

Pictured: The Data Protection Commissioner has the power to sanction businesses for not processing personal data in a safe and correct way.

The Bailiwick’s Data Protection Commissioner Emma Martins said keeping the changes minimal for regulated businesses was an important consideration.

“Our focus was always on ensuring that we agreed on a low-cost, low-admin model that is as fair as possible,” she said.

“We want people to focus on running their businesses well, rather than filling in bureaucratic forms.”

Any businesses established in the Bailiwick who process personal data will be legally required to register with the ODPA between January and March in 2021, with fees to be paid during the first quarter of each year beginning 2021.

Small businesses with fewer than 50 full-time equivalent (FTE) employees will pay an annual levy of £50 a year. Larger organisations with more than 50 FTE employees will pay £2,000 a year. Charities will be exempt from the fees but must still register each year.

Pictured top: Emma Martins.