International Financial Markets Guide—Jersey
Produced in partnership with Ogier
International Financial Markets Guide—Jersey

The following Financial Services practice note produced in partnership with Ogier provides comprehensive and up to date legal information covering:

  • International Financial Markets Guide—Jersey
  • 1. Telephone taping
  • (a)(i) What are the restrictions on the taping of telephone calls to or from a person outside an organisation in relation to sales of banking or financial products or insurance services?
  • (a)(ii) When might they apply to entities conducting business cross-border?
  • (b) What are the exemptions from these requirements?
  • 2. Money laundering
  • (a)(i) Are there any legal or regulatory requirements that must be observed by credit institutions/investment firms/insurers in connection with the detection and prevention of money laundering?
  • (a)(ii) When might they apply to entities conducting business cross-border?
  • (a)(iii) What are the exemptions from these requirements?
  • 3. Data protection
  • More...

International Financial Markets Guide—Jersey

1. Telephone taping

(a)(i) What are the restrictions on the taping of telephone calls to or from a person outside an organisation in relation to sales of banking or financial products or insurance services?

Jersey's statutory 'Regulation of Investigatory Powers' regime (the RIP Regime) regulates, among other things, the interception ‘at any place in Jersey’ of a communication in the course of its transmission that is sent by means of a public or private telecommunication system. For these purposes: 'communications' includes (among other things) anything comprising speech, sounds or data of any description (eg a telephone call); 'interception' extends to the monitoring of communications; and the regime captures the recording of the contents of a communication so that it is available subsequently.

If a person intercepts a communication to which the RIP Regime applies ‘without lawful authority’ under the regime, they may face criminal and/or civil liability.

The monitoring and/or recording of telephone calls may also constitute data processing for the purposes of Jersey's data protection regime. Businesses will therefore need to also consider and comply with the requirements of that separate regime. See section 3 below in relation to Jersey's data protection regime.

(a)(ii) When might they apply to entities conducting business cross-border?

At a high level, the RIP Regime applies where the interception of a communication is "effected by conduct within Jersey" and the communication

Related documents:

Popular documents