16 Jan 2024

Bailiwick confirmed as leading non-EU jurisdiction for safe and secure data following EU decision

The Bailiwick of Guernsey has achieved the significant milestone of being confirmed by the European Union as having proportionate, robust and well-implemented privacy laws for islanders and businesses.

Achieving 'EU data adequacy status' confirms that the Bailiwick of Guernsey is a leading jurisdiction for safe and secure data.

It means that EU Member States and institutions view the Bailiwick's legislative framework as ensuring an adequate level of protection - comparable to that of EU Member States - for the safe flow of data between the EU and the Bailiwick.

The Bailiwick is home to many global businesses which rely heavily on the flow of data to and from EU Member States, and this is particularly crucial for parts of the financial services sector. This decision enables the Bailiwick's business sectors to continue to transfer data unhindered. In addition to private sector requirements, the Bailiwick of Guernsey's public authorities also routinely share data in crucial areas such as policing and security, healthcare, and education.

A negative outcome would have resulted in additional safeguards being required before data could be shared between the Bailiwick and EU Member States, as required by the EU's General Data Protection Regulation (GDPR).

Therefore, achieving data adequacy is a significant achievement for the Bailiwick as a 'third country' to the EU, which as part of the assessment process had to demonstrate how we meet the higher data protection standards contained within the GDPR. The assessment process focused on both the contents of the Bailiwick's legislation and its practical implementation across the jurisdiction.

Deputy Rob Prow, President of the Committee for Home Affairs, which oversaw the process for the Bailiwick, said: "Our Committee is delighted to have been able to secure this significant achievement and I am very grateful for all of the work that has been undertaken by the public and private sectors in securing this data adequacy decision, led by the States of Guernsey's Data Protection team in collaboration with St James's Chambers.

"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 in our robust, proportionate and well-implemented regime."

The report that supports the EU's decision has been published here: