Bailiwick of Jersey Addendum to the EU Standard Contractual Clauses

Summary

This is a template document issued by the Jersey Data Protection Authority (part of JOIC) to be used alongside the EU Standard Contractual Clauses (SCCs) when personal data is transferred from Jersey to a third country or international organisation. It is designed to adapt the EU SCCs so that they satisfy the appropriate safeguards requirement under Article 67(2)(c) of the Data Protection (Jersey) Law 2018 (DPJL 2018), covering controller-to-controller, controller-to-processor, processor-to-controller and processor-to-processor transfers.

• Purpose: Provides a legally binding addendum that, when signed alongside the Approved EU SCCs, is deemed to meet Jersey's appropriate safeguards standard for international data transfers.
• Key amendments to the EU SCCs: References to EU/GDPR terminology, EU institutions and Member States are replaced with references to the DPJL 2018, the Bailiwick of Jersey and the Data Protection Authority; governing law and dispute resolution clauses are changed to Jersey law and Jersey courts.
• Hierarchy of terms: Where the Addendum conflicts with the Approved EU SCCs, the Addendum prevails unless the SCCs give data subjects greater protection, in which case the SCCs prevail.
• Data subject rights: Data subjects retain the ability to directly enforce the Clauses and this Addendum against the exporter and/or importer.
• Execution: Requires identification of the exporter and importer (names, addresses, registration numbers, key contacts) and signature by both parties, with a start date.

The Addendum itself does not impose ongoing regulatory reporting duties; instead it functions as a contractual mechanism that organisations must complete and sign whenever relying on the EU SCCs to transfer personal data out of Jersey.

Key obligations

• Organisations relying on the EU Standard Contractual Clauses to transfer personal data outside Jersey must execute this Addendum alongside the Approved EU SCCs, incorporating the specified amendments (replacing EU/GDPR references with DPJL 2018 references, governing law and jurisdiction clauses, and the Data Protection Authority as competent authority).
• Both the data exporter and data importer must complete the Parties section (names, addresses, registration numbers, key contacts) and sign and date the Addendum for it to take effect.
• Parties must ensure any amendments they make to the Addendum continue to maintain appropriate safeguards required by Article 66 of the DPJL 2018.
• Parties must undertake to data subjects to comply with the terms of the Clauses that grant data subjects direct enforcement rights.

Applies to

data controllers, data processors, data exporters, data importers, organisations transferring personal data outside Jersey