The Data Transfer Challenge: Schrems II And The Channel Islands

Both Jersey and Guernsey have based their data protection laws on the GDPR and in doing so have incorporated many of the decisions of the European Commission in regulating data protection in the Channel Islands.

This means that when there are major developments in European law which relate to data protection, Jersey and Guernsey data protection law will often also be subject to significant change.

In deciding the case of Irish Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (Case C-311/18), a case which has become known as Schrems II, the European Court of Justice ("ECJ") has delivered such a major development and the impact on Channel Islands data protection law is likely to be accordingly significant.