2024 MoU with The ADGM Office of Data Protection

Summary

This is a Memorandum of Understanding (MoU) between the Jersey Data Protection Authority (JDPA/JOIC) and the ADGM Office of Data Protection (ODP), signed 31 October 2024. It establishes a framework for cooperation, information sharing, and coordination on cross-border data protection investigations and enforcement between the two regulators. The MoU is expressly a statement of intent and does not create legally binding obligations (other than the confidentiality provisions), nor does it alter either jurisdiction's laws.

• Liaison: Commissioners will meet at least bi-annually (initially virtually) to discuss matters of mutual interest and interface between Jersey and ADGM data protection laws and the GDPR.
• Information sharing: The Authorities will endeavour to share information on public attitude research, enforcement trends, audits, policy issues, law reform and regulatory developments.
• Cross-border cooperation: The Authorities will cooperate on complaints or investigations with a cross-border element, may refer matters to each other, conduct parallel investigations, and hold case conferences where both have an interest.
• Requests for assistance: Each Authority designates a primary contact; requests must be in writing (or oral in urgent cases, confirmed in writing within five business days) and specify the information sought, purpose, and any onward disclosure.
• Confidentiality: Shared information must be protected, marked with appropriate classification, not disclosed to third parties without consultation, and disposed of securely once no longer needed.
• Enforcement coordination: Where enforcement action is taken, the Authorities will endeavour to give each other notice of press releases or public statements at least 24 hours before publication.
• Termination: The MoU continues indefinitely until terminated by either Authority giving 30 days' advance written notice; confidentiality clauses survive termination.

Because this is an inter-regulator cooperation agreement rather than a rule imposing duties on the public, it does not directly create compliance obligations for data controllers, processors or other regulated businesses in Jersey or ADGM.

Key obligations

• The Commissioners will meet at least bi-annually to discuss matters of mutual interest under the MoU.
• Oral requests for assistance made in urgent cases must be confirmed in writing within five business days.
• Requesting Authorities must specify in writing the information or assistance sought, its purpose, and any likely onward disclosure.
• Authorities must notify each other without delay if they become aware that shared information is inaccurate, incomplete or out of date.
• Authorities will consult the other party before passing on or using information received from it in enforcement proceedings or court cases, or before releasing it in response to public/freedom of information enquiries.
• Confidential material shared between Authorities must be marked with an appropriate security classification and protected with appropriate security measures.
• Information provided under the MoU must not be retained longer than reasonably required and must be securely disposed of once no longer needed.
• Authorities must give each other notice of any press release or public statement relating to enforcement cases of mutual interest no later than 24 hours before publication, absent overriding reasons.
• A party terminating the MoU must give 30 days' advance written notice to the other Authority.
• Authorities must consult each other and obtain prior written consent before publicising their relationship or using the other's name for promotional purposes.

Deadlines

• within five business days: Oral urgent requests for assistance must be confirmed in writing within this period.
• no later than 24 hours prior to publication: Notice to the other Authority of press releases or public statements on enforcement cases of mutual interest.
• 30 days' advance written notice: Notice period required for either Authority to terminate the MoU.
• 31 October 2024: Date the MoU was executed by both Authorities, taking effect once both had signed.