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James Heinicke
Partner | Legal
Cayman Islands
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James Heinicke
Partner
Cayman Islands
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Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
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Insight
09 February 2017
Jersey
ON THIS PAGE
While all the media’s attention in the last six months has been lavished on Brexit and President Trump, there’s one particular news story that is still not getting a huge amount of attention but which is going to affect businesses across Jersey - regardless of the UK’s position within the EU and regardless of US foreign policy - sooner than you might think.
The General Data Protection Regulation (the GDPR) is an EU-wide reform of privacy and data protection legislation that is due to take effect from 25 May 2018. It is a major update of Europe's data privacy laws that has been born from the era of Big Data and mobile technology. At its heart, the GDPR is about:
From our perspective here in Jersey, the "beyond" element is critical for two reasons:
Jersey’s regulator – the Information Commissioner – has already warned that any failure to adequately prioritise and resource the necessary preparation for the GDPR reforms could have a seriously detrimental effect on the island’s financial and digital sectors, both of which rely on seamless and rapid flows of information across jurisdictional borders.
Among the changes brought about by the GDPR which are likely to affect Jersey’s business community are:
That final bullet point underlines the seriousness of the reforms. However unlikely it may be for a fine to be levied for a “first offence” or a minor breach, the law allows for punitive fines for a reason – this is something that the EU is taking very seriously indeed.
So what should organisations in Jersey be doing?
Fundamentally, you need to ensure that your business is compliant with the new regulations when they come into force in May 2018. That means starting work now - not in a year's time – to:
It is particularly important to bear in mind that the GDPR is based on the concept of data protection “by design” - simply put, this means that data privacy risk and compliance needs to be “built in” to all your systems, processes and procedures right across your organisation. Working to ensure you are ready for May 2018 will not just be an IT project; it will require accountability and engagement from Board level down through all levels of the business to achieve these objectives.
If your organisation has not yet started to engage seriously with the GDPR reforms, you are almost certainly behind at least some of your competitors. But speed and competitive edge are not really what is at stake here: compliance is what matters. Take it seriously and do it right.
For help with preparing for GDPR, please contact Sara Johns (Partner) or another member of the Ogier data team.
James Heinicke
Partner | Legal
Cayman Islands
James Heinicke
Partner
Cayman Islands
Contact James
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Rachel DeSanges
Head of Employment, Guernsey | Legal
Guernsey, London
Rachel DeSanges
Head of Employment, Guernsey
Guernsey, London
Contact Rachel
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Bruce MacNeil
Partner | Legal
Jersey
Bruce MacNeil
Partner
Jersey
Contact Bruce
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Helen Ruelle
Director of Local Legal Services | Legal
Jersey
Helen Ruelle
Director of Local Legal Services
Jersey
Contact Helen
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Laura Shirreffs
Senior Associate | Legal
Jersey
Laura Shirreffs
Senior Associate
Jersey
Contact Laura
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Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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