26 January 2024
A decision by the European Commission has ensured that personal data can continue to freely flow to and from Jersey with the EU without any further safeguards.
A data adequacy decision is granted by the European Commission to countries outside the European Economic Area who provide a level personal data protection comparable to that provided for within European law.
The adequacy decision, first adopted on 8 May 2008, was upheld on 15 January.
The supporting report said: “Jersey has significantly modernised its data protection framework by adopting the Data Protection (Jersey) Law 2018 and the Data Protection Authority (Jersey) Law 2018 which entered into force in 2018 and align the Jersey regime closely with the GDPR."
The review also highlighted that Jersey has relevant oversight and redress mechanisms on the access to and use of personal data for criminal law enforcement and national security purposes.
The EC adequacy decision follows the UK's new law enforcement adequacy decision on 14 December 2023, which confirmed that Jersey's data protection and privacy standards were sufficient to safeguard UK personal data, enabling the transfer of personal data without the need for further safeguards or specific authorisation.
As the use and development of digital technologies continues at pace, the importance of such adequacy decisions has increased considerably. The ability for Jersey businesses to freely exchange data has become integral to the development of Jersey's digital society and the globalisation of our economy.
Jersey was one of 11 non-European Union member states that had their adequacy decisions reconfirmed. Other countries or territories were Andorra, Argentina, Canada (for commercial operators), Faroe Islands, Guernsey, Isle of Man, Israel, New Zealand, Switzerland and Uruguay.
gov.je