Its all part of the process(ing): getting ready
for the General Data Protection Regulation
4 April2016
Article first published in CONNECT in April 2016

The current European Data Protection Directive was finalised many years ago at a time when few people had access to the internet, conducted business “online”, used cloud storage or transferred data electronically. The manner in which our data is collected, accessed and used has changed profoundly and, accordingly, the General Data Protection Regulation (the GDPR), represents the biggest data protection reform in Europe for many years. Its overarching aim is to harmonise data protection legislation across all member states and do away with the cacophony of laws which exist at present. It will be of direct effect to all member states and is due to come into force in mid-2018.

Jersey’s data protection regime is presently governed by the Data Protection (Jersey) Law 2005 (the DPL) which is modelled (for the most part) on the Data Protection Act 1998 which is in force in England and Wales. Compliance with the DPL is regulated by the Information Commissioner (who also has responsibility for the Data Protection (Bailiwick of Guernsey) Law 2001). Both Jersey and Guernsey have been formally assessed by the European Commission as meeting current EU data protection standards. This “adequacy” provision means that Jersey is deemed to provide sufficient protection of an individual’s right to fair and just processing of their personal information to ensure free and unhindered data transfers from EEA Member States, notwithstanding the fact that Jersey is not part of the EU or EEA itself.

Following the coming into force of the GDPR and in order that Jersey remains an attractive destination for business and commerce, it is likely that the DPL will either have to be amended or replaced with a new piece of legislation to ensure that Jersey continues to be regarded a country providing an adequate level of protection to receive and hold data.

Read More

Twitter LinkedIn Email Save as PDF
More Publications
2 Sep 2021 |

Duties of Trustees

The relationship of trustees to beneficiaries is viewed as fiduciary, meaning there are certain equi...

18 Aug 2021 |

Beneficial Owners and Controllers (BOC)

The aim of BOC is to drill-down to the identification of persons who are the beneficial owners and c...

30 Jul 2021 |

Fighting international fraud

First published in New Law Journal, July 2021. Appleby partners Anthony William and Jared Dann an...

Contributors: Jared Dann, Claire Corkish
27 Jul 2021 |

Fund Finance Update – Will Jersey’s new sustainable investment disclosure requirements aid ESG financing?

This article provides an overview of ESG, the hot topic of 2020 that is carrying on full steam throu...

Contributors: Daniel Healy
22 Jul 2021 |

Listing Variable Funding Notes (VFNs) on The International Stock Exchange

This article provides a summary of Appleby listing agent services in the Channel Islands, and also o...

1 Jul 2021 |

Saunders v Vautier where the beneficial class is not closed - the debate goes on...

The rule in Saunders v Vautier is familiar territory for trust lawyers.  In the modern world it is ...

17 Jun 2021 |

Solvency Statements under Companies (Jersey) Law 1991 - Is it time to go paperless?

In April of this year, the Royal Court of Jersey considered the practicalities around the making of ...

Contributors: Kevin McQuillan
11 Jun 2021 |

“Offshore intelligence – Funds in demand” Appleby Podcast

We have recently produced a podcast focused on the Funds industry entitled “Offshore Intelligence ...

2 Jun 2021 |

Why use Jersey entities in restructurings?

As the extension of various forbearance measures and fiscal support packages continues in response t...

Contributors: Gemma Whale, Andrew Weaver
28 May 2021 |

Further updates to the JFSC’s AML Handbook

On 31 May 2021, the handbook for the prevention and detection of money laundering and the financing ...

Contributors: Gemma Whale