Europe. National jurisdiction.

Gibraltar GI

Part I

Domestic law

Comprehensive data protection2

  • Gibraltar GDPRGibraltar General Data Protection Regulation (Regulation (EU) 2016/679 as applied in Gibraltar, as amended by the Data Protection Regulations 2026)Gibraltar's main data protection regulation, read together with the Data Protection Act 2004. After Brexit it ran as a local copy of the GDPR, and from 15 July 2026 it has been realigned to the EU GDPR (with some derogations) after the UK–EU agreement on Gibraltar.
    Synopsis

    Gibraltar's main data protection regulation, read together with the Data Protection Act 2004. After Brexit it ran as a local copy of the GDPR, and from 15 July 2026 it has been realigned to the EU GDPR (with some derogations) after the UK–EU agreement on Gibraltar.

    Key themes
    • lawful bases
    • data subject rights
    • DPO
    • breach notification
    • transfers
    Unique features

    One of the few post-Brexit jurisdictions to re-adopt the EU GDPR text, reflecting the UK–EU Gibraltar arrangement.

    SaaS relevance

    Applies to Gibraltar-based SaaS (notably the large online gaming and fintech sector) and to non-Gibraltar providers targeting people there.

    Extraterritorial
    Yes
    Breach notification
    Information Commissioner within 72h; individuals if high risk
    DPO
    Conditional
    Cross-border transfers
    Chapter V: adequacy/SCCs/BCRs
    Key dates
    • Adopted
    • In force
    • EU GDPR applied 2018-05-25 to 2020-12-31; 'Gibraltar GDPR' from 2021-01-01; Data Protection Regulations 2026 (dated 2026-05-14) reinstate the EU GDPR text with local derogations from 2026-07-15 following the UK–EU agreement on Gibraltar
    Text
    Authority
    Gibraltar Regulatory Authority (as Information Commissioner)
    Sources consulted
    Verification

    Medium confidence.

    Partly verifiedMedium confidence. The GRA noted Gibraltar's EU adequacy application as pending and gave no decision; whether the 2026 UK–EU treaty provides a separate data flow mechanism is unconfirmed. Post-2026 fine cap (formerly £17.5m/4%) not verified.

    Record
    Full record for Gibraltar GDPR
    Partly verifiedMedium confidence. The GRA noted Gibraltar's EU adequacy application as pending and gave no decision; whether the 2026 UK–EU treaty provides a separate data flow mechanism is unconfirmed. Post-2026 fine cap (formerly £17.5m/4%) not verified.
  • DPA 2004Data Protection Act 2004 (Gibraltar)Supplements the Gibraltar GDPR with exemptions, the Information Commissioner's powers and enforcement, and law enforcement processing rules in Part III. Gibraltar's ePrivacy rules sit separately in the Communications (Personal Data and Privacy) Regulations 2006.
    Synopsis

    Supplements the Gibraltar GDPR with exemptions, the Information Commissioner's powers and enforcement, and law enforcement processing rules in Part III. Gibraltar's ePrivacy rules sit separately in the Communications (Personal Data and Privacy) Regulations 2006.

    Key themes
    • GDPR supplement
    • exemptions
    • enforcement
    • law enforcement processing
    Unique features

    The GRA acts as both communications regulator and data protection authority.

    SaaS relevance

    Sets the procedural and enforcement framework for SaaS providers within Gibraltar GDPR scope.

    Extraterritorial
    Yes
    Breach notification
    See Gibraltar GDPR
    DPO
    Conditional
    Cross-border transfers
    See Gibraltar GDPR
    Key dates
    • Adopted
    • In force
    • Extensively amended 2018 to supplement GDPR and transpose LED (Part III); amended by the Data Protection Regulations 2026
    Text
    Authority
    Gibraltar Regulatory Authority (as Information Commissioner)
    Sources consulted
    Verification

    Medium confidence.

    Partly verifiedMedium confidence. No verification notes recorded.

    Record
    Full record for DPA 2004
    Partly verifiedMedium confidence. No verification notes recorded.