Jersey: What Is The General Data Protection Regulation, Why Should I Care And What Should I Do About It?

Last Updated: 21 February 2017
Article by Sara Johns

While all the media's attention in the last six months has been lavished on Brexit and President Trump, there's one particular news story that is still not getting a huge amount of attention but which is going to affect businesses across Jersey - regardless of the UK's position within the EU and regardless of US foreign policy - sooner than you might think.

The General Data Protection Regulation (the GDPR) is an EU-wide reform of privacy and data protection legislation that is due to take effect from 25 May 2018.  It is a major update of Europe's data privacy laws that has been born from the era of Big Data and mobile technology. At its heart, the GDPR is about:

  • Giving new rights for members of the public to control their data (including the much-discussed "Right to be Forgotten");
  • Imposing new and enhanced responsibilities on companies and other organisations for
  • Safeguarding the data they process; and
  • Harmonising standards across the EU and beyond to help create a "single digital market".

From our perspective here in Jersey, the "beyond" element is critical for two reasons:

  • The EU reforms are wide-ranging – they affect not just European countries, regulators and governments but any firms who want to trade into the EU, setting out key standards for the collection, retention and use of data. Because the changes to the law effectively spread beyond the borders of the EU, they are going to have an impact on businesses here in Jersey.
  • In addition, our existing data protection legislation – the Data Protection (Jersey) Law 2005 - is based on the 1998 UK Data Protection Act.  This means our law effectively predates the widespread use of smartphones and social media, and 20 years of increasingly rapid and fundamental changes in the way we live and do business. Legislation in the island will therefore need to be updated to align with the GDPR so that Jersey can maintain its "adequacy" status – formal recognition that our laws here match the reformed legislation and higher standards in the EU.

Jersey's regulator – the Information Commissioner – has already warned that any failure to adequately prioritise and resource the necessary preparation for the GDPR reforms could have a seriously detrimental effect on the island's financial and digital sectors, both of which rely on seamless and rapid flows of information across jurisdictional borders.

Among the changes brought about by the GDPR which are likely to affect Jersey's business community are:

  • New criteria for obtaining consent to process personal data – under the GDPR, the consent of an individual must be freely given, specific, informed and unambiguous, so simple "opt-out" mechanisms will no longer be sufficient, and silence or inactivity cannot be taken to demonstrate consent.
  • A "right to be forgotten" which will enable individuals to demand the deletion of their data.
  • New protection for children, requiring parental consent before their personal information can be processed.
  • Mandatory requirements for firms to notify national regulators, typically within 72 hours, if they are hacked and, where high-risk breaches take place, to notify the individuals concerned.
  • A new requirement for many businesses to employ appropriately-qualified Data Protection officers, responsible for ensuring data protection compliance.
  • The potential for fines of up to 20 million euro – almost £16 million – or 4% of global annual turnover for serious contraventions of the rules.

That final bullet point underlines the seriousness of the reforms. However unlikely it may be for a fine to be levied for a "first offence" or a minor breach, the law allows for punitive fines for a reason – this is something that the EU is taking very seriously indeed.

So what should organisations in Jersey be doing?

Fundamentally, you need to ensure that your business is compliant with the new regulations when they come into force in May 2018. That means starting work now - not in a year's time – to:

  • Assess how the GDPR will affect you
  • Decide what changes you need to make to ensure compliance
  • Resource and implement those changes in line with published guidance
  • Take steps to ensure you can document and demonstrate compliance

It is particularly important to bear in mind that the GDPR is based on the concept of data protection "by design" - simply put, this means that data privacy risk and compliance needs to be "built in" to all your systems, processes and procedures right across your organisation.  Working to ensure you are ready for May 2018 will not just be an IT project; it will require accountability and engagement from Board level down through all levels of the business to achieve these objectives.

If your organisation has not yet started to engage seriously with the GDPR reforms, you are almost certainly behind at least some of your competitors. But speed and competitive edge are not really what is at stake here: compliance is what matters. Take it seriously and do it right.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
Email Address
Company Name
Confirm Password
Mondaq Newsalert
Select Topics
Select Regions
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions