Guernsey retains its EU adequacy – as expected

Richard Field of Appleby in Guernsey analyses the reasons for the EU Commission’s positive decision, and the impact for Guernsey’s economy.

The term “adequate” always seems slightly underwhelming, given the variety of superlative terms available to describe success – it feels akin to “could do better”. However, in the data protection world, “adequate” or more specifically “adequacy” is a much sought-after status afforded to a small, but growing number of jurisdictions.

The news that Guernsey had its “adequacy” status confirmed(1) by virtue of the European Commission (Commission) report of 15 January 2024 (including the Commission Staff Working Document) (Report) on the functioning of the existing “adequacy” decisions adopted under Directive 95/46/EC was therefore welcomed and celebrated in equal measure. Alongside our fellow Crown Dependencies of Jersey and the Isle of Man, the Report means that the flows of personal data required to facilitate business in today’s digital economy can continue as they have done for many years, without additional requirements. It also follows the UK government’s decision of 7 July 2023 confirming Guernsey’s “adequacy” status for law enforcement data transfer purposes(2), the first of its kind issued by the UK government.

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