02 June 2008 - Recognition for Jersey’s data protection legislation

Recognition for Jersey ’s data protection legislation

The European Commission has approved Jersey ’s data protection regime after a rigorous two year assessment. This means Jersey joins a list of jurisdictions that have been formally approved by the European Commission as having the required high standards of data protection regulation.

Up until now, the EU’s standard of data protection has led to restrictions on the transfer of personal data to Jersey , which, because it is outside the EU and is considered a ‘third’ country.  While this has not meant a prohibition on transfers, it has meant that organisations doing business with Jersey have had to take additional steps to ensure the protection of the personal data being transferred.

In 2005 Jersey implemented the Data Protection ( Jersey ) Law, to ensure the highest standards of regulation, in line with European Standards. At that time, a formal application was made to the European Commission for an ‘adequacy’ assessment of our Law. That assessment has been a long process, with the Island under intense scrutiny.

A successful assessment means data can now flow freely to Jersey. This will have a significant impact on organisations currently doing business with Jersey, as well as on those who are considering doing business with Jersey.

Jersey’s Data Protection Commissioner, Emma Martins, says “I am absolutely delighted that the many years of hard work to ensure the Law was of a sufficiently high standard and then to work with the Commission to help with the assessment have paid off.

“The 2005 Law was brought in to ensure maximum protection for individuals in Jersey as well as to protect data flows to the Island. Formal recognition that it has achieved both those objectives is very good news.

The standards of data protection within the EU are among the highest in the world. It is therefore very reassuring and rewarding to know that Jersey has achieved those standards.”

The Chief Minister, Senator Frank Walker has welcomed this recognition from the European Commission. “This is firm evidence that Jersey meets the highest standards in an important area, and it’s good news for businesses operating in our island. I’d like to thank Emma Martins and her team for the hard work needed to meet these stringent data protection standards.”

Emma Martins

Data Protection Commissioner

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:138:0021:0023:EN:PDF