Does GDPR apply to Jersey and Guernsey?

One of the questions asked about GDPR has been "Does GDPR apply to Jersey and Guernsey?". To clarify this question, let's look at Article 3 - Territorial Scope.

Article 3 text:

GDPR makes the 3 statements about the scope of the regulation: 

1. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not.

2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to:

(a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or

(b) the monitoring of their behaviour as far as their behaviour takes place within the Union.

3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law

In summary: 

If any of the following points apply to your organisation, then it is likely GDPR will apply to you:

  • If your organisation has offices within the EU
  • If you process personal data of people within the EU
  • If EU law applies in your country

In the case of Jersey and Guernsey, although they both have a special relationship with the EU, both Jersey and Guernsey voluntarily use EU legislation. This since GDPR is part of EU legislation, GDPR will apply to both Jersey and Guernsey