JOIC UPDATE ON BREXIT
04/02/2020
While Brexit could have a significant impact on companies in the UK, it is unlikely to have a noticeable impact on data protection in Jersey. Like other Crown Dependencies, Jersey has always been outside the EU and has its own data protection law that will remain in effect. Brexit will not change any of the rights of individual or obligations of companies or public authorities under the Data Protection (Jersey) Law 2018. It will have no effect on how the Jersey Office of the Information Commissioner will administer the Law.
The risk of a ‘No-Deal’ Brexit is that the UK will become a third country for the purposes of GDPR without adequacy. This means that European Companies will not be able to transfer data to the UK without
- Corporate Binding Rules or
- Standard Contractual Clauses.
This will not be an issue for companies in Jersey.
To preserve the interests of Jersey companies, Jersey has implemented the European Union (United Kingdom Exit – Miscellaneous amendments) (Jersey) Regulations 2019 Law to allow the continued and uninterrupted transfer of personal data between Jersey and the UK until the end of December 2020.
Jersey hopes that, during this period, the European Commission will be able to complete an adequacy assessment of the UK. In addition, European companies will be able to continue to transfer personal data to Jersey pending the outcome of an adequacy review of Jersey by the European Commission.
Once the UK is outside of the EU, UK companies that target EU customers or monitor their behaviour will have to nominate a representative in the EU.
Jersey companies performing these functions already have this obligation regardless of the outcome of Brexit.
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.