Registration & Charges FAQs

Registration & Charges - Frequently Asked Questions

FEES

Q: Who sets the fee?
A: The fee was set by the States Assembly following a process of public consultation and discussion with industry body representatives.

Q: Do I have to pay a fee?
A:
If you are a controller and / or processor you will have to pay a fee unless any exemptions apply to you.

Q: When will I have to pay the ‘new’ data protection fee?
A: The new fees and charges regulations are effective as of 1st January 2020. Controllers and / or processors with a current registration may be in receipt of a credit to offset a registration fee already paid for part of 2020. 

Q: How often do I have to pay the data protection fee?
A: Fees are due one calendar month after registration if it is a new registration. For example a business start-up.
Fees are due as of 1st January every year and you have until the last day of February to make payment.

Q: How much do I have to pay?
A: The fees range from £70 to £1,600. The fee depends on the size of your organisation, your revenue and the type of personal information you are processing. It is structured like this out of fairness and takes into account the risk profile of the organisation.

Full Time Employees

Full Time Employees Fee

Proceeds of Crime Fee

Special Category Data Fee

Less than 10 employees

£70

£50

£50

Between 10 and 50 employees inclusive

£90

£150

£150

51 employees and more

£500

£600

£350

Past-Year Revenues

Less than £5 million

      £0

More than £5 million but less than £20 million

    £150

More than £20 million

    £500

Administered Companies

In this Regulation, “trust company business” and “fund services business” have the same meanings as in Article 1(1) of the Financial Services (Jersey) Law 1998. The amount of the annual charge for a registered controller or registered processor that is being administered by a trust company business or a fund services business is £50.

Administered company

£50 per administered company

Q: Are registration fees exempt from GST?
A: Yes, fees are exempt from GST as JOIC is an independently audited States body.

Q: What is the data protection fee for?
A: We use the data protection fee to fund our data protection work. We do not keep any money we receive in administrative fines, but pass it directly to the Government of Jersey.

Q: Why is my fee more than £1,600?
A: £1,600 is the maximum fee per controller/processor. If the controller/processor provides company administration services, there is an additional £50 fee per administered company.

Q: What happens if I register in June 2020? Will I be charged in full then and then in full again in January 2021 or will the fee be pro rata?
A: You will be charged in full and will have to pay in full again in the following January when renewing. The Jersey Office of the Information Commissioner (JOIC) does not have any power to pro-rata fees.

Q: If I register for the first time in June 2020, how long do I have to make payment before I am considered 'late'?
A: One month.

Q: Do you issue refunds?
A: Only in exceptional circumstances, or if your registration has been made in error. Please get in touch with us as soon as possible.

Q: What happens if I don’t pay my fee?
A: Any failure to pay a required registration charge will lead to the issuing of civil debt recovery proceedings by the Authority.

PAYMENT

Q: What payment methods do we offer?
A:
Currently: CityPay, BACS, Cheque or Cash.

Q: 
If I pay via card, will I be sent a receipt?
A: JOIC use the CityPay platform for card payments. CityPay will send a transaction notice to the billing contact's email address.

Q: How long do I have to pay?
A: If a renewal, the payment window opens 1st Jan and closes on the last day of Feb. If a new registration, the payment window is one calendar month. Any failure to pay a required registration charge will lead to the issuing of civil debt recovery proceedings by the Authority.

Q: If I register for the first time in June 2020, how long do I have to make payment before I am considered 'late'?
A: One month.

REGISTRATIONS

Q: 
How long will I be covered?
A: If a new registration, your registration will expire on 31st Dec of the year initially registered. If a renewal, your fee covers a 12-month period from 1st Jan, which expires 31st Dec.

Q: When does my registration expire?
A: All registrations will expire on 31st December regardless of their initial registration date.

Q: What happens if I do not register?
A: Failure to register with the Authority is a criminal offence.

PUBLIC REGISTRY

Q: 
What information will be displayed on the website registry?
A: Name, registration number, expiry date, additional trading names if any and status ('Pending' if awaiting payment and 'Registered' if paid. Administered companies will not be displayed on the registry.

Q: When will organisations be added to the registry? When they have registered / renewed or when they have paid?
A: Registrations will appear on the registry as soon as they have been registered / renewed. They will have a status of 'Pending' if they are awaiting payment or 'Registered' if they have paid. They will be removed from the registry if payment is not made within the required timeframe.

RENEWAL

Q: How long do I have to renew? What happens if I do not renew within this period?
A: For 2020, renewals must be submitted between 1st Jan & 31st Jan. From Dec 2020 onwards, renewals must be submitted between 1st Dec & 31st Dec.

Q: What happens if I register in June 2020? Will I be charged in full then and then in full again in January 2021 or will the fee be pro rata?
A: You will be charged in full and will have to pay in full again in the following January when renewing. The JOIC does not have any power to pro-rate fees.

Q: 
What do I get in return for paying the fee?
A: Highest level of data protection for people of Jersey (regulator being able to regulate and enforce the Law where appropriate e.g. having appropriate numbers of staff to do these things).
Support the Island’s reputation for good regulation thus encouraging business. Maintain free flows of data between the UK,EU and adequate jurisdictions. Practical Tools for Businesses.

GUIDANCE

Q: What is a data controller?
A: The data controller determines the purposes for which and the means by which personal data is processed. If your company/organisation decides ‘why’ and ‘how’ the personal data should be processed it is the data controller.

Q: What is a data processor?
A: The data processor processes personal data only on behalf of and in accordance with the specific written instructions of the controller. The data processor is usually a third party external to the controller.

Q: What is an appointed DPO?
A: An appointed Data Protection Officer refers to someone who has been appointed to that role as per Article 24 of the Data Protection (Jersey) Law 2018.

Q: Class of Processing - What is a Public Authority?
A: Public Authority means:

- the States Assembly including the States Greffe;

- a Minister;

- a committee or other body established by a resolution of the States or by, or in accordance with, standing orders of the States Assembly;

- an administration of the States;

- a Department referred to in Article 1 of the Departments of the Judiciary and the Legislature (Jersey) Law 1965;

- any court or tribunal;

- the States of Jersey Police Force;

- a parish;

- the holder of a public office;

- in relation to any country other than Jersey, any person exercising or performing functions or holding any office similar or comparable to any of the persons described in sub-paragraphs (a) to (i); and any other person or body (whether incorporated or unincorporated) that exercises functions of a public nature.

Q: Class of Processing - What is a Candidate for Election?
A: Candidate for Election means an individual who has been admitted as a candidate for a public election of an officer in a constituency under Article 18 of the Public Elections (Jersey) Law 2002.

Q: Class of Processing - What is a Provided School?
A: Provided School means a school listed at Schedule 1, Part 1 of the Education (Jersey) Law 1999.

Q: Class of Processing - What is a business that has ceased trading?
A: An organisation that has ceased to conduct business but continues processing solely for retention purposes as required by law.

Q: Class of Processing - What is a non-profit association?
A: Non-Profit Association means any body, or association that is not established or conducted for profit.

Q: What is an FTE?
A: One element of the annual charge is calculated based on an organisation’s number of full-time equivalent employees (FTE).

- A FTE means a person employed for more than 27 hours a week;

- If an individual is working no more than 9 hours a week they are treated as 25% of a FTE employee;

- If an individual is working more than 9 hours but no more than 18 hours a week they are treated as 50% of a FTE employee; and

- If an individual is working more than 18 hours but not more than 27 hours a week they are treated as 75% of a FTE employee.

The determination of FTEs must be calculated on the basis of the highest number of posts existing at any time during the past 12 months, ignoring any vacancies.

Q: What is past-year's revenue?
A: Past-year revenues means a payer’s gross revenues that are generated by or on behalf of that part of their business that is established in Jersey for the year before the year to which an annual charge relates.

Q: Who is subject to Proceeds of Crime (Jersey) Law 1999?
A: An organisation that is registered with the Jersey Financial Services Commission and is carrying on a financial services business as specified in Schedule 2 to the Proceeds of Crime (Jersey) Law 1999 (other than in paragraphs 6, 8 and 10 of Part B) which includes (subject to any exemptions that may apply) such as:

  • Business that is regulated by the Jersey Financial Services Commission under regulatory laws;
  • Lawyers;
  • Accountants;
  • Estate agents;
  • High value dealers;
  • Casinos;
  • Acceptance of deposits and other repayable funds from the public;
  • Lending, including consumer credit, mortgage credit, factoring, financing of commercial transactions;
  • Financial leasing;
  • Issuing and administering means of payment;
  • Guarantees and commitments;
  • Trading for the account of third parties in money market instruments, foreign exchange, futures and options, exchange, interest rate and index instruments, transferable securities;
  • Participation in securities issues;
  • Advice to undertakings on capital structure, industrial strategy and related questions and advice as well as services relating to mergers and the purchase of undertakings;
  • Money broking;
  • Portfolio management and advice;
  • Safekeeping and administration of securities;
  • Safe custody services;
  • Otherwise investing, administering or managing funds or money on behalf of third parties; and
  • Virtual currency exchange

Q: Is the organisation a “trust company business” or a “fund services business” that administers controllers / processors?
A: A “trust company business” and “fund services business” are as defined in the Financial Services (Jersey) Law 1998 as follows:

Article 1 “trust company business” has, subject to any Order under Article 4, the meaning given to that expression by Article 2(3);

Article 2(3)   A person carries on trust company business if the person carries on a business that involves –

(a)     the provision of company administration services;

(b)     the provision of trustee or fiduciary services;

(c)     the provision of services to foundations; or

(d)     the provision of services to partnerships not being services described in sub-paragraph (a), (b) or (c),

 

Article 1 “fund services business” has, subject to any Order under Article 4, the meaning given to that expression by Article 2;

Article 2(10) A person carries on fund services business if by way of business the person is –

(a)     a manager, manager of a managed entity, administrator, registrar, investment manager or investment adviser;

(b)     a distributor, subscription agent, redemption agent, premium receiving agent, policy proceeds paying agent, purchase agent or repurchase agent;

(c)     a trustee, custodian or depositary; or

(d)     a member (except a limited partner) of a partnership, including a partnership constituted under the law of a country or territory outside Jersey, in relation to an unclassified fund or an unregulated fund.[32]


Q: What is special category data?
A: Special category data means:

- data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership;

- genetic or biometric data that is processed for the purpose of uniquely identifying a natural person;

- data concerning health;

- data concerning a natural person’s sex life or sexual orientation; or

- data relating to a natural person’s criminal record or alleged criminal activity.


Q: How do I know if I need to include the names of the controllers / processors established in Jersey being administered by the “trust company business” or “fund services business”?
A: Controllers / processors are only required to be registered once. For example, you do not need to register the controller / processor as being administered by you if they have already completed their own registration. Therefore, please ensure the controller / processor being administered is not already registered. If the services being provided do not include the undertaking of data protection registrations on behalf of the controller / processor being administered, please do not list them in the box below. You should check whose responsibility it is to register the controller / processor. 


Q:
What does “established” mean?
A: The Data Protection (Jersey) Law 2018 defines “established” as follows:

(4)     For the purposes of paragraphs (2) and (3), each of the following is to be treated as established in Jersey –

(a)     a natural person who is ordinarily resident in Jersey;

(b)     a body incorporated under the law of Jersey;

(c)     a partnership or other unincorporated association formed under the law of Jersey;

(d)     any person who does not fall within sub-paragraph (a), (b) or (c) but maintains in Jersey –

(i)      an office, branch or agency through which the person carries on any processing of personal data, or

(ii)      a regular practice that carries on any processing of personal data; or

(e)     any person engaging in effective and real processing activities through stable arrangements in Jersey.