In an email from the Jersey Office of the Information Commissioner (JOIC) to data processors and controllers (or their administrators) who had not yet completed the registration process, the Information Commissioner provided the following statement in relation to the extension:
“We understand that some data controllers and processors are facing unanticipated obstacles to completing their registration in the new system by the 31st of January 2020. As a result, we have decided to extend the registration period until 29th February to coincide with legal deadline for submitting payment of the required fee. Please note that, if you take advantage of this extended registration period, all payments must also be received by this date, as we have no legal authority to extend the deadline for payment.
We urge Data controllers and processors who intend to pay by cash, cheque or BACS, to register by 31st January 2020, if they wish to ensure that they remain in compliance with regulatory requirements. This is necessary to allow enough time for them to receive their invoice and complete payment by 29th February 2020.
To ensure the payment deadline is met please note the following;
- If paying via credit or debit card, check the transaction limit as this may affect online payment of higher tier fees.
- Cheques payable to ‘The Office of the Information Commissioner’ must be sent in time to be received by JOIC no later than the last working day of February.
- ACS payments can be made up until by the last day of February.“
Jersey Finance comment:
This deadline extension for registration will be welcomed by industry. Concerns have been raised in relation to the application of the new registration and charges model, particularly in the context of administered entities. This new model came into force on 1 January 2020. Jersey Finance is working with the JOIC, industry practitioners and other stakeholders to provide clarity and certainty in relation to these concerns.
In the meantime, the announcement from the Information Commissioner confirms that data controllers, processors and their administrators are not required to complete the registration process by 31 January 2020, as had previously been announced. The deadline for registration and payment now stands at 29 February 2020.
As the announcement states, data controllers, processors (or their administrators as the case may be) will still need to ensure that payment of any applicable fees in connection with the registration process reaches JOIC by the legal deadline of 29 February 2020. We understand that, in the case of some payment options such as cheque or BACS (but not card payments), this will require the registration process to be completed sooner in order to allow sufficient time for invoicing and payment. This is a practical and operational point for members to consider, in order to ensure that the legal payment deadline is met.
For further information, members can contact the Legal and Technical Team at Jersey Finance.
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