Regulation 9(4) of the Implementing Regulations requires "every controller and processor to which the applied GDPR applies to comply with the registration requirements in Schedule 7". This is regardless of whether the processing of personal data takes place in the Island or not.
Any body established in its own right, including sole traders, that processes personal data is a “controller” for that personal data. Any legal obligations imposed on a body to process personal data, such as employment law, anti money laundering or due diligence obligations, automatically make a body the “controller” responsible for that processing, even where it is outsourced.
Controllers (and processors) must comply with, and be able to demonstrate compliance with, the requirements of the data protection legislation, including the data protection principles, transparency and rights of data subjects etc., maintaining records of its processing activities and reporting any personal data breaches.
There is basic, and in-depth, compliance guidance applicable to all controllers on the website.
Registration as a controller (or processor) is just one element of compliance with the data protection legislation, but failure to register, when required, is an offence.
Registration is required unless the only processing of personal data is for that body’s own accounts and records and management of its own staff.
Processing of personal data for any other purpose, for example, direct marketing, “CCTV”, anti money laundering or due diligence requirements, requires the body to register as a controller with the Commissioner. This includes 'not for profit organisations'.
If you know registration is required, a form to register as a controller (or processor) for the first time is available here.
- If you are unsure, click here.
Registration is not complete until the form and fee are received. Fee payment details are included on the email acknowledging receipt of the registration form and by clicking here.
There are limited exemptions from paying the fee, and details are here.