Proposed Amendments to the Electronic Communications (Jersey) Law

About the consultation

​The Government of Jersey recognises it is important to maintain Jersey's status as a reliable yet flexible jurisdiction in which to do business digitally. It is important that the Island can respond quickly to, and capitalise on, new technological developments while ensuring that Jersey remains a safe place to live and do business in the digital age. The Government of Jersey's high-level objectives are set out in the Digital Policy Framework.

To help deliver these objectives it is essential that the legislative framework under which business is conducted digitally on the island is updated when necessary to:

• respond to technological advances and changes in behaviour
  
• provide legal certainty to industry about increasingly common digital business practices
  
• put in place any necessary safeguards
  
• ensure that Jersey remains aligned with international best practice
  

In consultation with industry, the Government has conducted a review of the Electronic Communications (Jersey) Law 2000 (the "EComms Law") and identified some specific and targeted areas which require amendment. These proposed amendments are necessary to either help clarify aspects of the EComms Law or ensure that the law remains up to date with current and future business practice. In reviewing the EComms Law Government has looked at lessons learned as a result of COVID-19 and the resulting accelerated move to remote working. The amendments therefore aim to capture opportunities and risks identified by business during the pandemic and the Islands' response to it. At a high level the amendments that this consultation covers are:

1. Remote witnessing of signatures
   
2. Authority to attach a signature electronically on behalf of another
   
3. Clarifying that a signature, seal, attestation or notarisation is not to be denied legal effect, validity or enforceability only because it is in electronic form, whether such a requirement is as a result of statute or otherwise, and that the EComms Law applies both to documents sent to another, and documents which are simply stored after execution

The consultation also considers whether there should be exceptions to these proposals. 

EComms Consultation Document 

How to submit comments to the consultation

Responses should be submitted by email to:

Jonathan Van Neste

Digital Policy Advisor, Digital Policy Unit, Chief Executive’s Office

Email j.vanneste2@gov.je

Alternatively, Jersey Finance will be collating an industry response and these responses should be sent to: 

Lisa Springate

Head of Legal and Technical, Jersey Finance Limited

Email Lisa.Springate@jerseyfinance.je

Responses sent to Jersey Finance will be shared with the Government of Jersey unless the respondent indicates that they wish to remain anonymous. Indicate clearly on your response if this is the case.