2021 MoU between the Jersey Data Protection Authority and the Channel Islands Financial Ombudsman

Summary

This is a Memorandum of Understanding between the Jersey Data Protection Authority (JDPA) and the Office of the Financial Services Ombudsman for Jersey (OFSO, trading as the Channel Islands Financial Ombudsman). It sets out a framework for cooperation and lawful information sharing between the two bodies, but does not create enforceable rights or alter either party's statutory obligations. It took effect immediately on signing (26 April 2021) and can be ended by either side on 30 days' written notice.

• Cooperation: The parties will maintain regular contact, meet at least quarterly, share draft consultations that may affect the other, provide contact lists, and liaise where patterns of complaints may require coordinated regulatory action.
• Information sharing: JDPA and OFSO may share information (e.g. complaint trends, interpretation of applicable laws, joint initiatives) where permitted by law, but must not share details of specific complaints, individuals or businesses.
• Advance notice of publications: Each party will give the other at least 2 working days' notice before publishing a public report or statement relevant to the other's functions, including notice of any CIFO final determination against a registered Controller or Processor.
• Confidentiality: Non-public information shared under the MoU must be marked confidential by the sending party; the receiving party must comply with agreed restrictions, seek consent before onward disclosure to third parties, and notify the sending party of any legally enforceable demand for disclosure (where practicable).
• Publication: Both parties will publish the MoU on their websites and ensure a free electronic copy is publicly available.

The MoU is an administrative cooperation instrument rather than a source of new legal duties for regulated entities; it primarily governs how the JDPA and CIFO interact with each other, including confidentiality obligations that survive termination of the agreement.

Key obligations

• JDPA and OFSO must meet at least quarterly and communicate regularly on matters of mutual interest
• Each party must give the other at least 2 working days' notice before publishing a public report or statement relevant to the other's functions
• Information shared must not include details of specific complaints, individuals or businesses
• Non-public information shared under the MoU must be marked confidential by the sending party and the receiving party must obtain the sending party's written consent before disclosing it to any third party
• The receiving party must notify the sending party if it anticipates or receives a legally enforceable demand for disclosure of shared information, where practicable
• Either party may terminate the MoU by giving 30 days' written notice to the other
• Confidentiality obligations (paragraphs 14 and 15) continue to apply to non-public information after termination of the MoU

Applies to

Controllers, Processors, financial service providers

Deadlines

• 30 days' written notice: Either party may terminate the MoU by giving 30 days' written notice to the other
• at least 2 working days before publication: JDPA and OFSO must provide each other with copies of public reports or statements relevant to the other's functions before publishing
• at least quarterly: JDPA and OFSO must communicate regularly and meet at least quarterly