2024 MoU between the Jersey Data Protection Authority and The Gibraltar Regulatory Authority

Summary

This is a Memorandum of Understanding between the Jersey Data Protection Authority (JOIC) and the Gibraltar Regulatory Authority (GRA), setting out a framework for cooperation and information sharing between the two data protection regulators. It explicitly states that it is a statement of intent and does not create legally binding obligations on either regulator, nor does it require them to cooperate or share information in any given case.

• Purpose: Establishes shared aims of closer working between the two regulators, including exchange of information to assist each in discharging its regulatory functions.
• Scope: Covers enforcement cooperation, sharing best practice, joint research, joint investigations into cross-border personal data incidents, and annual bilateral meetings.
• Information sharing: Sets out the legal basis under which each regulator may share information (including personal data) with the other, subject to each party's own applicable law and confidentiality/secrecy obligations.
• Confidentiality and breach reporting: Requires notification between parties in relation to legally enforceable disclosure demands, wrongful disclosure of shared material, and personal data breaches affecting shared information.
• Retention and disposal: Information provided under the MoU must not be retained longer than necessary and must be securely disposed of once no longer required.
• Commencement and termination: Took effect once both parties signed (31 October 2024) and continues until either party gives 30 days' written notice of termination; confidentiality and retention provisions survive termination.

The MoU is an inter-regulator administrative arrangement and does not itself impose compliance obligations on data controllers, processors or other regulated businesses in Jersey or Gibraltar.

Deadlines

• 31 October 2024: Date the MoU was signed by both parties, at which point it took effect
• 30 days' advance written notice: Notice period either party must give the other to terminate the MoU