
Cyber Security
(Jersey) Law 2026
A LAW to provide for the
establishment and functions of the Jersey Cyber Security Centre, and for
connected purposes.
Commencement [see endnotes]
Part 1
Interpretation
1 Interpretation
(1) In this
Law –
“CSIRT” has the meaning
given in Article 14(1);
“CSIRTs network”
means the network established under Article 12(1) of the NIS Security
Directive;
“cyber attack”
means malicious or unauthorised activity that attempts to collect, disrupt,
deny, degrade, destroy or reduce confidence in network and information systems or
operational technology or the information held in or processed through those
systems or technology;
“cyber incident” means an event that –
(a) arises
from a cyber threat, whether accidental or malicious;
(b) involves
unauthorised access or attempted unauthorised access to an organisation’s
network and information systems or operational technology, whether accidental
or malicious;
(c) compromises
the confidentiality, integrity, availability, authenticity or non-repudiation
of –
(i) network and
information systems or operational technology;
(ii) information
held in or processed through those systems or that technology;
(iii) the
users of those systems or that technology; or
(iv) another
person; and
(d) has a
negative impact on the cyber security of those systems, that technology, that information
or that other person;
“cyber resilience”
means the capacity of a person to –
(a) prepare
for, protect against, detect, respond to or recover from a cyber threat in order to ensure the confidentiality, integrity,
availability, authenticity or non-repudiation of network and information
systems or operational technology and information held in or processed through
those systems or that technology; and
(b) protect
network and information systems or operational technology, the users of those
systems or that technology, and other persons from loss, disruption or harm;
“cyber
security” means the activity undertaken –
(a) to
prepare for, protect against, detect, respond to or recover from a cyber threat
in order to ensure the confidentiality, integrity,
availability, authenticity or non-repudiation of network and information
systems or operational technology and information held in or processed through
those systems or that technology; and
(b) to
protect network and information systems or operational technology, the users of
those systems or that technology, and other persons from loss, disruption or
harm;
“cyber threat” means an actual or
potential circumstance or event –
(a) involving
compromise of the confidentiality, integrity, availability, authenticity or
non-repudiation of –
(i) network and
information systems or operational technology;
(ii) information
held in or processed through those systems or that technology;
(iii) the
users of those systems or that technology; or
(iv) another
person; and
(b) having
the potential to have a negative impact on the cyber security of those systems,
that technology, that information or that other person;
“Director” means the person appointed by
the Minister as director of the JCSC under Article 2;
“electronic communications network” means –
(a) a
transmission system to convey, by the use of
electrical, magnetic or electro-magnetic energy, signals of any description;
(b) any
of the following that are used, by the person providing the system and in
association with it, to convey the signals –
(i) apparatus
comprised in the system;
(ii) apparatus
used for the switching or routing of the signals;
(iii) software
and stored data;
(iv) other
resources, including network elements that are not active;
“electronic communications service”
means a service of 1 or more of the following types provided by means of an
electronic communications network, except so far as it is a content
service –
(a) an
internet access service;
(b) a
number-based interpersonal communications service; and
(c) another
service consisting of, or having as its principal feature, the conveyance of
signals, such as a transmission service used for machine-to-machine services;
“essential service”
means –
(a) the
services specified in Schedule 3; or
(b) a
service that is essential for –
(i) the
infrastructure of Jersey;
(ii) the maintenance of critical societal or economic
activities in Jersey; or
(iii) the maintenance
of the reputation of Jersey;
“financial year” means –
(a) in
relation to the JCSC, the period beginning with the day on which this Law comes
into force and ending with 31 December of that year, and each subsequent period
of 12 months ending with 31 December;
(b) in
relation to an OES, a period of 12 months ending with 31 December;
“government service”
means –
(a) a
Minister; or
(b) an
organisational entity that discharges the functions of a Minister;
“Information Commissioner”
means the person appointed under Article 5 of the Data Protection Authority (Jersey) Law 2018;
“JCRA” means the
Jersey Competition Regulatory Authority established under Article 2 of the
Competition Regulatory Authority (Jersey) Law 2001;
“JCSC” means the
Jersey Cyber Security Centre appointed under Article 2;
“JFSC” means the
Jersey Financial Services Commission established under Article 2 of the Financial Services Commission (Jersey)
Law 1998;
“Minister” means
the Minister for Sustainable Economic Development;
“network and information system”
means –
(a) an
electronic communications network;
(b) a
device or group of interconnected or related devices, of which at least 1
performs automatic processing of digital data under a program; or
(c) digital
data stored, processed, retrieved or transmitted by the network or device for
the purposes of the operation, use, protection and maintenance of the network
or device;
“NIS Security Directive”
means Directive (EU) 2022/2555 of the European Parliament and of the Council on
measures for a high common level of cybersecurity across the Union (OJ L 333, 27.12.2022,
p.80);
“OES” means an
operator of essential services, as defined in Article 22(1);
“operational technology”
means technology that interfaces with the physical world and includes –
(a) industrial
control systems;
(b) supervisory
control and data acquisition; and
(c) distributed
control systems;
“public administration”
means –
(a) a
person or body listed in paragraph 20 or 21 of Schedule 3; or
(b) a
government service;
“Public Finances Law”
means the Public Finances (Jersey) Law 2019;
“publish” means publish
in the manner that the Minister considers likely to bring it to the attention
of the persons affected;
“SPOC” means a
single point of contact for cyber security;
“States of Jersey Police Force”
means the police force continued in being by Article 2 of the States of Jersey Police Force Law 2012;
“TAC” means a Technical
Advisory Council established under Article 4.[1]
(2) The Minister may by
Order amend this Article to make alternative or supplementary provision in
relation to the definitions of expressions used in this Law.
Part 2
Jersey Cyber Security Centre
2 Administration of cyber
security
(1) The Minister must
appoint the JCSC as an authority for cyber security in Jersey.
(2) The Minister must
appoint the Director.
(3) The Director and the employees
of the JCSC are States’ employees within the meaning of Article 2 of
the Employment of States of Jersey Employees (Jersey)
Law 2005, and a States’ employee provided to the JCSC under Article 10
of this Law who performs a function under the Director’s direction is
treated as an employee of the JCSC.
(4) The Director may delegate
a function under this Law to the JCSC, but the delegation does not –
(a) affect
the responsibility of the Director for the discharge of the function; or
(b) prevent
the discharge of the function by the Director personally.
(5) The
Director or the Minister must delegate the Director’s functions under
this Law to a specified employee of the JCSC if the Director –
(a) is
absent from Jersey; or
(b) is
otherwise unable to discharge their functions.
(6) Schedule 1 makes
further provision in respect of the Director.
(7) The States may amend
Schedule 1 by Regulations made under Article 41.
3 Operational
independence of Director
Other than under Article 5(4) or 7,
the Director, or a person discharging or performing a function of the Director,
must not be directed on how a function of the Director or the JCSC is to be
carried out.
4 Technical
Advisory Councils (TACs)
(1) The Minister or the
Director may establish TACs to advise the Director on matters that relate to –
(a) the Director’s
responsibilities or functions under this Law;
(b) cyber
security in Jersey; or
(c) cyber
security matters outside Jersey that may affect Jersey.
(2) The Director must
obtain the Minister’s approval in writing before establishing a TAC.
(3) The terms of reference
for each TAC must –
(a) contain
the specific areas of cyber security for which that TAC is responsible; and
(b) be
published on the JCSC website no later than 3 months after the TAC is
established.
(4) But the terms of
reference for a TAC must not be published if, in the opinion of the Director,
their publication would jeopardise national security.
(5) Schedule 2 makes
further provision in relation to TACs.
5 Advice
provided by TAC
(1) A TAC must provide
advice when requested by the Director to do so.
(2) The advice must be provided
to the Minister and the Director in accordance with the terms of reference for
that TAC.
(3) If the Director decides
not to follow the advice –
(a) the Director
must give reasons, in writing, to the Minister and the TAC; and
(b) the
TAC may provide the advice and the Director’s reasons to the Minister if
the TAC considers that the Director’s decision is –
(i) erroneous; and
(ii) not
in the interests of Jersey.
(4) After
considering the TAC’s advice and the Director’s reasons not to
follow that advice, the Minister may order the Director to act in accordance
with the advice.
(5) If the Director considers
that publication of the advice is in the public interest, the Director may use
the advice to produce guidance under Article 17 or 34.
6 Codes
of conduct
(1) The Director must, no
later than 3 months after the Director’s appointment, produce and publish
on the JCSC website –
(a) a
code of conduct for employees of the JCSC (the “JCSC code of
conduct”); and
(b) a
code of conduct for members of a TAC (the “TAC code of conduct”).
(2) The Director and employees
of the JCSC must abide by the JCSC code of conduct.
(3) In the event that the
JCSC code of conduct is inconsistent with a code of practice issued under
Article 8 of the Employment of States of Jersey Employees (Jersey)
Law 2005 (a “States code of practice”), the States code of practice
takes precedence.
(4) A member of a TAC must
abide by the TAC code of conduct and act in accordance with the terms of
reference for that TAC.
(5) Before producing the
JCSC code of conduct, the Director must consult the Minister and the employees
of the JCSC.
(6) Before producing the
TAC code of conduct, the Director must consult the Minister and the members of
the TACs.
(7) When consulting on a
code of conduct under paragraph (5) or (6), the Director must allow 28 days,
starting on the day of the consultation, for responses.
7 Powers of Minister in relation to JCSC
(1) The
Minister may review, or commission another person to review, the performance of
the Director’s functions in relation to the Director’s objectives
under Article 12(1).
(2) The
Minister may give a direction to the Director if the Minister considers
that –
(a) the
direction is necessary in the interests of the security of Jersey; and
(b) the
requirements imposed by the direction are proportionate to what the direction
seeks to achieve.
(3) If
the conditions in paragraph (2) are not met, the Minister may give
directions or guidance to the Director only if the Minister has consulted
with the Director and the other persons that the Minister considers appropriate.
(4) The
Director must comply with a direction given under paragraph (2) or (3).
8 Accounts
and annual report
(1) The
Director must ensure that –
(a) proper
accounts and proper records in relation to the accounts are kept;
(b) accounts
are prepared in respect of each financial year (“annual accounts”);
and
(c) the
annual accounts are prepared using the accounting standards by which the
accounts of the States are prepared (as set out in the Public Finances Manual issued
under Article 31 of the Public Finances Law).
(2) The
Director must produce a report on the exercise and performance of the functions
of the Director and the JCSC in relation to each financial year (an
“annual report”).
(3) The
annual report must include –
(a) the
annual accounts;
(b) a
report on the activities of the Director in the preceding year;
(c) a report
setting out, in anonymised format, all mandatory cyber incidents reported to the
Director under Article 31;
(d) a
report from each TAC setting out the advice and reports given to the Director during
the preceding year; and
(e) other
statements or reports relevant to the exercise of the functions of the Director
that the Director considers appropriate.
(4) But
the annual report must not include –
(a) confidential
information;
(b) information
that may prejudice –
(i) the security of
those providing information;
(ii) the
commercial interests of those providing information;
(iii) the
prevention of crime; or
(iv) national
security; or
(c) information
that directly or indirectly identifies an individual.
(5) The
Director must present the annual report to the Minister no later than 6 months
after the end of the financial year to which it relates.
(6) The
Minister must present a copy of the annual report to the States Assembly as
soon as reasonably practicable after receiving it.
(7) The
Director must publish each annual report as soon as reasonably practicable
after it has been presented to the Minister.
(8) The
Minister may by Order amend this Article to make further or alternative
provision with regard to the annual report.
9 Strategic
plan
(1) The
Director must, in respect of a 3-year period, prepare a plan (a
“strategic plan”) setting out how the Director proposes to perform
their functions during the 3-year period.
(2) A
strategic plan must –
(a) be
developed after consultation with the Minister;
(b) reflect
Ministerial priorities; and
(c) be
presented to the Minister –
(i) in the case of
the first Director appointed under this Law, no later than 6 months after
this Law comes into force; or
(ii) no
later than 3 months before the commencement of the 3-year period to which
the plan relates.
(3) The
Director may, at any time during a 3-year period, review the strategic plan and
present to the Minister a revised strategic plan.
(4) Within
3 months of a Director’s appointment, that Director may present to the
Minister a new strategic plan but that plan will only have effect until the
expiry of the strategic plan that it replaces.
(5) A
strategic plan prepared under this Article must be agreed with the Minister and,
no more than 2 months later, published in that agreed form.
(6) In
this Article, “3-year period” means –
(a) in
relation to the first strategic plan prepared under this Article, the period starting
with the date the plan is prepared and ending at the end of 31 December in the
year that is 3 years after the date the plan is prepared; and
(b) in
relation to subsequent strategic plans, the period starting with 1 January of
the first year of the plan and ending at the end of 31 December of the third
year of the plan.
10 Annual assessment of funding
by Minister
(1) The
Minister must make an annual assessment of the funding required by the Director,
the JCSC and the TACs.
(2) In
making an annual assessment, the Minister must consider the funding required to
ensure that the Director has the financial and administrative resources, and
other support including staff, services, equipment and accommodation, necessary
to enable the Director, the JCSC and the TACs to discharge their functions
under this Law effectively and efficiently.
(3) Before
the Minister submits an amount in respect of the Director, the JCSC and the
TACs to the Council of Ministers under Article 10(1)(d) of the Public Finances
Law, the Minister must consult the Director.
(4) The
States may amend this Article by Regulations made under Article 41.
11 Independence
of JCSC IT systems
The Director and the JCSC
must operate independent information technology systems that comply with the
requirements set by the Forum of Incident Response and
Security Teams Inc (incorporated on 7 August 1995 as a non-profit
organisation under section 501(c)(3) of Title 26 of the United States
Code).
Part 3
Objectives and functions
12 Objectives
of Director
(1) The
objectives of the Director are to prepare for, protect from, defend against,
and facilitate recovery from, cyber threats or cyber
attacks affecting Jersey.
(2) The Director must so
far as reasonably practicable administer the operation of this Law and exercise
their functions in a way that –
(a) is
compatible with the Director’s objectives; and
(b) the Director
considers most appropriate to further the objectives.
(3) For the purposes of
paragraph (1), a cyber threat or a cyber attack affects Jersey if –
(a) it affects –
(i) the States of
Jersey;
(ii) a
public administration;
(iii) a relevant
person;
(iv) an operator of an essential service not otherwise
falling within this sub-paragraph;
(v) an individual not
otherwise falling within this sub-paragraph who is present in Jersey,
regardless of whether the individual is ordinarily resident in Jersey;
(vi) an Autonomous
System Name and associated Internet Protocol address prefix assigned to Jersey
by the Réseaux IP Européens Network Coordination Centre;
(viii) the .je country
code top-level domain as assigned by the Internet Assigned Numbers Authority;
or
(b) it
results, or may result, in reputational, political, economic or well-being risk
to Jersey.
(4) In this
Article –
“external entity”
means a person that –
(a) is
not an individual;
(b) has a
place of business or an address outside Jersey; and
(c) having
regard to the extent to which their business is carried on, in and outside
Jersey, the Minister considers a cyber attack in respect of the person would
not be material to Jersey;
“relevant person”
means a person, other than an external entity, having a place of business or
address in Jersey.
(5) The Minister may by
Order amend paragraphs (3) and (4).
13 Functions
of JCSC: SPOC
(1) The JCSC is the SPOC
for Jersey.
(2) As the SPOC for Jersey,
the JCSC –
(a) must consult
and co-operate, as the JCSC considers appropriate, with –
(i) relevant law
enforcement authorities; and
(ii) relevant
regulatory bodies in Jersey;
(b) must co-operate
with a designated competent authority to enable them to fulfil their
obligations under this Law;
(c) may, if
the JCSC considers it appropriate to do so, liaise with –
(i) the relevant
authorities in the United Kingdom, a Member State of the European Union, and
other countries or territories;
(ii) the
group established under Article 14(1) of the NIS Security Directive;
(iii) the Emergency
Planning Officer appointed under Article 3 of the Emergency Powers and Planning (Jersey) Law 1990; and
(iv) the
CSIRTs network.
(3) Nothing in this Article
affects a duty on a person to make a report under another enactment.
(4) In paragraph (2)(b),
“designated competent authority” means –
(a) a
Minister designated as a competent authority under Article 4 of the Emergency
Powers and Planning (Jersey) Law 1990; or
(b) the
Information Commissioner.
(5) In paragraph (2)(c),
“relevant authority” –
(a) in
relation to the United Kingdom and a Member State of the European Union, means its
SPOC, CSIRT and national competent authority;
(b) in
relation to other countries or territories, means its SPOC, CSIRT and national competent authority, or another body that
appears to the JCSC to perform a substantially similar function.
14 Functions
of JCSC: CSIRT
(1) The JCSC is the
computer security incident response team (the “CSIRT”) for Jersey,
and as CSIRT for Jersey has the functions in paragraphs (2) to (6).
(2) The JCSC must, as far
as reasonably practicable –
(a) monitor
and scan publicly accessible network and information systems to identify
malicious activity, vulnerabilities and configuration errors; and
(b) take
the action it considers necessary to resolve the vulnerabilities, configuration
errors or cyber threats arising from them.
(3) The JCSC must take reasonable
steps to understand current global cyber threats and how these may affect
Jersey, and take the action it considers necessary in response to those threats.
(4) The JCSC must take
reasonable steps to –
(a) raise
awareness in Jersey of cyber threats, the risks arising from them, responses to
them and mitigations against them;
(b) enable
and promote the sharing of cyber security information in Jersey;
(c) support
and co-ordinate the delivery of cyber security services in Jersey;
(d) increase
the level of cyber resilience in Jersey to reduce the risk and impact of cyber incidents.
(5) The JCSC must represent
Jersey’s cyber security interests in Jersey and internationally,
including by participating in international co-operation networks including the
CSIRTs network.
(6) The JCSC may advise persons
affected or potentially affected by a cyber attack or cyber threat.
(7) In undertaking its
function under paragraph (2), the JCSC may –
(a) analyse
information received by it relating to cyber incidents affecting Jersey;
(b) take the
action it considers necessary to mitigate, or assist in the mitigation of, the
effect of those cyber incidents; and
(c) advise
a person affected or potentially affected by a cyber incident.
15 Functions
of Director: general
(1) The Director has the
functions conferred on the Director under this Law or transferred to the Director
under another enactment.
(2) The Director may advise
the Minister on matters relating to cyber security, whether on request or
otherwise.
(3) The Minister may by
Order amend this Article to make additional or supplementary provision in
relation to the functions of the Director.
16 Discharge
of Director’s functions by another person
(1) The Director may fully
or partly discharge a function by entering into an agreement with another
person, on terms that the Director thinks fit, under which that other person
fully or partly discharges the function.
(2) But the Director may
not enter into an agreement under paragraph (1) unless the Director is
satisfied that –
(a) it is
appropriate to do so; and
(b) the
other person has the expertise and resources necessary to discharge the
function.
(3) If the Director enters
into an agreement under paragraph (1) –
(a) that
does not affect the responsibility of the Director for the discharge of the
function; or
(b) prevent
the discharge of the function by the Director personally.
(4) The Director is not
required to discharge a function under this Law if another person is required
by an enactment to discharge a function that has the same or substantially the
same effect.
17 Duty
to issue guidance in relation to cyber security
(1) The Director must issue guidance in relation to cyber security, including in
relation to the exercise of their functions under this Part, and may revise and
re-issue that guidance.
(2) Before
issuing or re-issuing guidance under paragraph (1), the Director must, if
the Director considers appropriate –
(a) seek
advice from a relevant TAC; or
(b) consult –
(i) the regulators;
(ii) any
sectoral or subsectoral OES; or
(iii) other
persons.
18 Power to set or adopt cyber
security standards
(1) The Director may set or adopt standards in relation to cyber
security (“cyber security standards”).
(2) The Director must from
time to time review cyber security standards set or adopted under paragraph (1).
(3) Before setting or
adopting cyber security standards the Director –
(a) must seek
advice from a relevant TAC;
(b) must consult –
(i) the Minister; and
(ii) the
regulators and any sectoral or subsectoral OES that the Director considers
appropriate; and
(c) may
consult the other persons that the Director considers appropriate.
(4) The
Director must publish cyber security standards set or adopted under this
Article.
(5) When publishing cyber security
standards, the Director must –
(a) specify
the persons, or classes of person, to whom the Director considers the cyber
security standards apply; and
(b) provide
guidance in relation to the cyber security standards set or adopted.
19 Power to assist in
investigations
(1) The Director and
employees of the JCSC may assist in an investigation into or relating to cyber
security being carried out by a person listed in paragraph (2)
if –
(a) the
person requests the JCSC’s assistance; and
(b) the Director
is satisfied that the assistance is necessary to fulfil the Director’s objectives
and functions.
(2) The persons are –
(a) the
Information Commissioner;
(b) the JFSC;
(c) the States
of Jersey Police Force;
(d) the JCRA;
(e) other
persons that the Director considers appropriate.
20 Power
to provide cyber security services to States of Guernsey
(1) The Director may
provide cyber security services, analogous to the Director’s functions
under this Law, to the States of Guernsey if –
(a) the
Director considers it appropriate to do so; and
(b) the
Minister consents to the provision of the services.
(2) The Director may
provide the services on whatever terms, including as to payment, as the Director
thinks fit.
(3) But the Director must
not provide services under this Article if doing so would, in the Director’s
opinion, have a negative impact on the Director’s ability to perform
their functions under this Law.
21 Power
to amend this Part by Regulations
The States may, by Regulations made under Article 41, amend
provisions of this Part (other than this Article) to make alternative or
supplementary provision about the functions of the Director that the States considers
appropriate.
Part 4
Operators
of essential services
[not in force]
Part 5
Security
duties on operators of essential services
[not in force]
Part 6
Enforcement
[not in force]
Part 7
Information
sharing and Closing provisions
40 Information
sharing
(1) A person may disclose
information to the Director if the disclosure is made for the purpose of the
exercise of a function of the Director.
(2) Information obtained by
the Director in connection with the exercise of a function may be used by the Director
in connection with the exercise of another function.
(3) The Director may share
information with a relevant body if sharing the information is –
(a) necessary –
(i) for the purposes
of the Director’s functions under this Law;
(ii) in
the interests of the security of Jersey; or
(iii) for
purposes related to the prevention or detection of crime, the investigation of
an offence or the conduct of a prosecution (whether in Jersey or outside
Jersey); and
(b) limited
to information that is relevant and proportionate to the purpose for which it
is shared.
(4) If information is
shared under paragraph (3), the relevant body may share the information
with another relevant body if –
(a) the
conditions in paragraph (3) apply; and
(b) the Director
gives consent.
(5) Disclosure under this
Article is not to be treated as a breach of a restriction imposed by contract,
enactment or otherwise.
(6) In this Article,
“relevant body” means –
(a) the
States of Jersey Police Force;
(b) the
Honorary Police within the meaning of the Honorary Police (Jersey) Law 1974;
(c) the National Crime Agency of the United Kingdom;
(d) a
public authority not falling within sub-paragraphs (a) to (c) with
functions in part of the British Islands that consist of or include the
investigation of crimes or the charging of offenders;
(e) a
person with functions in a country or territory outside Jersey
that –
(i) correspond to
those of a police force; or
(ii) otherwise
consist of or include the investigation of conduct contrary to the law of that
country or territory, or the apprehension of persons guilty of that conduct;
and
(f) a
person with functions under an international agreement that consist of or
include the investigation of conduct, or the apprehension of persons guilty of
conduct, that is –
(i) unlawful under
the law of 1 or more places;
(ii) prohibited
by an international agreement; or
(iii) contrary
to international law;
(g) the
CSIRT or SPOC for other countries or territories; or
(h) other
persons that the Director considers appropriate.
41 Power
to amend this Law by Regulations
(1) The
States may, by Regulations, amend this Law (other than this Article) to make
alternative or supplementary provision that appears to the States to be
appropriate.
(2) This
Article does not limit other powers to amend this Law by Regulations or Order.
42 Transitional
provisions
(1) The
Director of the JCSC on the date of commencement of this Law continues in that
position and is treated as having been employed by the States in that capacity beginning
with the date of the Director’s employment.
(2) A
person, other than the Director, employed by or engaged to work for the JCSC
before the commencement of this Law is, on its commencement, treated as having
been employed or engaged by the States to work in the same capacity beginning
with the date of their employment or engagement.
43 Consequential
amendments
(1) [2]
(2) The States may, by Regulations, amend an enactment (other than this
Law) to make provisions the States consider necessary or expedient in
consequence of the coming into force of this Law, or of an amendment to this
Law.
44 Citation and commencement
This Law may be cited as
the Cyber Security (Jersey) Law 2026 and comes into force on a day to be
specified by the Minister by Order.