We explore what trustees need to be aware of when dealing with data and complying with their obligations under the Data Protection (Bailiwick of Guernsey) Law, 2017 and related legislation (the "DP Law")....more
2/5/2025
/ Compliance ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Island of Guernsey ,
Personal Data ,
Popular ,
Privacy Policy ,
Reporting Requirements ,
Risk Management ,
Trustees ,
Trusts
Guernsey has a number of fund regulatory regimes in place, setting out the requirements to obtain the necessary permissions from the Guernsey Financial Services Commission.
The best regulatory regime for a particular...more
On 5 December 2024 the UK's Sanctions (EU Exit) (Miscellaneous Amendments) (No.2) Regulations 2024 came into force. The UK Regulations are made under the UK Sanctions and Anti-Money Laundering Act 2018 ("SAMLA") and make...more
1/10/2025
/ Anti-Money Laundering ,
Artificial Intelligence ,
Beneficial Owner ,
Compliance ,
Data Breach ,
Data Protection ,
Deferred Prosecution Agreements ,
Financial Crimes ,
Financial Services Industry ,
Income Taxes ,
Investors ,
Island of Guernsey ,
OECD ,
Proposed Rules ,
Risk Assessment ,
Sanctions ,
Sanctions and Anti-Money Laundering Act 2018 (SAMLA) ,
Terrorist Financing ,
UK
From a Guernsey legal perspective, a reference to the 'migration' of a company is a reference to the process of the transfer of the company's registration to another jurisdiction, whilst maintaining the legal personality of...more
Guernsey has passed legislation to implement the OECD's global minimum tax rate of 15%, known as "Pillar 2", which will apply for fiscal years commencing on or after 1 January 2025....more
Guernsey companies are extremely popular, and are used for a wide variety of purposes.
Guernsey companies can be incorporated quickly and a large number of corporate services providers offer day-to-day administration...more
10/4/2024
/ Accounting ,
Acquisitions ,
Audits ,
Capital Gains ,
Company Law ,
Corporate Taxes ,
Documentation ,
Future Tax Treatment ,
Incorporation ,
Infrastructure ,
Inheritance ,
Investment Funds ,
Island of Guernsey ,
Minority Shareholders ,
Share Capital ,
Share Transfer ,
Shareholders ,
Stamp Duty Land Tax ,
Stock Redemption ,
The International Stock Exchange (TISE) ,
UK
Introduction -
The Trading Standards (Fair Trading) (Guernsey) Ordinance, 2023 (the "Trading Standards Ordinance") is due to come into force on 2 October 2023. From this date, businesses in Guernsey will be subject to...more
8/22/2023
/ Bodily Injury ,
Burden of Proof ,
Compensation ,
Contract Terms ,
Financial Services Industry ,
Foreign Currency ,
Insurance Industry ,
Island of Guernsey ,
Negligence ,
Summary of Consumer Rights ,
Unfair Contract Terms
This briefing explains Guernsey’s adoption of rigorous international tax and regulatory standards, which, in conjunction with its local tax law, make it an ideal location for investment funds and other investment vehicles....more
8/9/2023
/ Anti-Money Laundering ,
Beneficial Owner ,
EU ,
FATCA ,
General Data Protection Regulation (GDPR) ,
IAIS ,
International Monetary Fund ,
International Tax Issues ,
Island of Guernsey ,
Jurisdiction ,
OECD ,
Regulatory Agenda ,
Taxation ,
Telecommunications ,
TIEA ,
Transparency ,
UK
In our recent article (available here) we considered the findings of LB Marshall KC in Domaille, Clarke & Hannis (together the "Respondents") and the Guernsey Financial Services Commission (the "Royal Court Judgment"). In the...more
The Guernsey Financial Services Commission ("GFSC") updated its Handbook on Countering Financial Crime and Terrorist Financing (the "Handbook") in early July 2023 and the updates included a new requirement for a "specified...more
This briefing is the fourth in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the "LCFL"), and provides an overview of the licensing regime applicable to Virtual Asset...more
This briefing is the third in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the "LCFL"), and provides an overview of the licensing regime applicable to "financial firm...more
This briefing is the second in a series of briefings by Walkers on the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the “LCFL”), and provides an overview of the licensing regime applicable to consumer...more
From 1 July 2023, the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the "LCFL") came into full effect, replacing and expanding upon the previous now repealed regime under the Registration of Non-Regulated...more
Providing services as a director in Guernsey is, in principle, subject to licensing under the Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 (the “Fiduciaries...more
The Guernsey Financial Services Commission ("GFSC") has updated its Handbook on Countering Financial Crime and Terrorist Financing (the "Handbook") to cover virtual asset service providers ("VASPs") and other licensees...more
The States of Guernsey has approved the Lending, Credit and Finance (Bailiwick of Guernsey) Law, 2022 (the “LCFL”) which will regulate various virtual asset service providers (“VASPs”) and financial services businesses...more
Data subject access requests (DSARs) are a cornerstone of the data protection regime, being fundamental in helping individuals to exercise their rights. If individuals do not know what information an organisation has about...more
With the use of Data Subject Access Requests (DSARs) becoming increasingly common, it is important that anyone dealing with personal data understands what a DSAR is, when it can be used, how an organisation should respond to...more