Electronic Communications (Amendment No. 2) (Jersey) Law 202-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 5 August 2021:

Decision Reference: MD-E-2021-0032
Decision Summary Title:	Draft Electronic Communications (Amendment No.2) (Jersey) Law 202-		Date of Decision Summary:	30 July 2021
Decision Summary Author:	Digital Policy Advisor		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Draft Electronic Communications (Amendment No. 2) (Jersey) Law - LDO.237		Date of Written Report:	30 July 2021
Written Report Author:	Digital Policy Advisor		Written Report : Public or Exempt?	Exempt
Subject: Draft Electronic Communications (Amendment No. 2) (Jersey) Law 202-
Decision(s): The Minister approved the lodging of the draft Electronic Communications (Amendment No. 2) (Jersey) Law 202-
Reason(s) for Decision: 1. Purpose If approved by the States, these amendments to the Electronic Communications (Jersey) Law 2000 (the “EComms Law”) will modernise the framework under which business is conducted in Jersey digitally. The amendments are required to enable businesses to take advantage of new technologies; to reflect common business practices; and provide greater certainty to the law whilst taking into consideration lessons learnt from COVID-19 and remote working. 2. Background The EComms Law, which inter alia provides validity to the use of electronic signatures, has been in force for over two decades. In that time there have been rapid and significant developments to technology and digital user behaviour. In 2020 Government started to engage with a working group orchestrated by Government of Jersey and Jersey Finance Limited (“JFL”) to consider the EComms Law in light of new technologies, increasingly common business practices and lessons learned from the accelerated move to remote working as a result of COVID-19. The working group also gave consideration to clarifying certain aspects of the EComms Law where industry felt it would benefit from greater certainty. 3. Proposed amendments The conclusions of the working group resulted in the following key findings: There is a need to introduce a long-term solution for remote witnessing of signatures. As a result of COVID-19 measures were introduced, but these measures are temporary and restricted in their application. Due to developments in common business practices and remote working the application of one’s electronic signature is not always provided by the signatory themselves, for example, a junior member of staff reproducing a senior member of staff’s signature for administrative purposes. Certainty under the law is therefore required that signatures provided by another, where they have authority to do so, are valid. There is a need for greater clarity 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. There needs to be greater clarity that the EComms Law applies both to documents sent to another, and documents which are simply stored after execution. In considering these proposals the Digital Economy Team identified that new rules on remote witnessing and providing a signature on behalf of another with authority to do so could result in new or increased risks such as: fraud, duress and the potential for vulnerable individuals to be disadvantaged. In developing the proposed amendments officials have given consideration as to how to mitigate these risks. Exemptions to the application of the new rules will therefore be applied by way of Order to mitigate these risks. A public consultation, including direct contact with relevant stakeholders, reaffirmed the conclusions of the working group, as well as the proposed exemptions. 4. Articles The Ministerial Report to the draft legislation, as the explanatory note, set out in detail the purpose of each Article. The draft legislation meets the policy intentions as set out in MD-E-2020-0037. 5. Financial and manpower implications There are no additional financial or manpower implications for the States arising from the adoption of this draft Law.
Resource Implications: There are no resource implications.
Action required: Officers to request the Greffier of the States to arrange for the draft Electronic Communications (Amendment No. 2) (Jersey) Law 202- to be lodged for debate by the States Assembly at the earliest opportunity.
Signature: Senator Lyndon Farnham		Position: Minister for Economic Development, Tourism, Sport and Culture
Date Signed:		Date of Decision: