In Jersey, marketing emails and texts to individuals are governed by the Data Protection (Jersey) Law 2018. The essentials: have a lawful basis for each person on your list (usually their consent, given by ticking an unticked box), tell people at or before your first message that they can object to direct marketing (Article 36), stop as soon as anyone objects, put an unsubscribe link or reply option in every email and text, and keep a list of everyone who has opted out. The Jersey Office of the Information Commissioner (JOIC) also warns against using bought-in lists for emails or texts unless the seller can prove recent consent that specifically named your business. Most organisations that hold personal data must also register with the JOIC each year.
The rules, at a glance
| Rule | What it means in practice | Where it comes from |
|---|---|---|
| Have a lawful basis | For most small businesses that is consent: an unticked box people tick themselves, kept separate from your terms. Consent must be “freely given, specific, informed and unambiguous”. | Law, Article 11 |
| Say who you are | Consent is not informed unless people know the identity of the business collecting it. Name your business on every form. | Law, Article 11(2) |
| Tell people they can object | At or before your first marketing message, explicitly and separately from other information. | Law, Article 36 |
| Stop when they object | Once someone objects, you must stop using their details for marketing. | Law, Article 36 |
| Unsubscribe in every message | An unsubscribe link in every email, and a reply option such as “Reply STOP” in every text. | JOIC checklist |
| Keep a suppression list | Record everyone who opts out, and screen every send against it. | JOIC checklist |
| Record consent | Keep when and how each person agreed, and what they agreed to. | JOIC checklist |
| Be careful with bought-in lists | Do not use them for emails, texts or recorded calls unless the seller can show recent consent that specifically named your business. | JOIC checklist |
A checklist before you send
- Every person on the list gave consent (or you have another lawful basis you can justify in writing).
- Your sign-up form and Facebook or Instagram lead forms have an unticked marketing box, name your business and link to your privacy notice.
- The first message tells people they can object to marketing at any time.
- Every email has an unsubscribe link and every text a “Reply STOP” option.
- You removed everyone on your suppression list before sending.
- You know where every name came from, and none came from a list you bought without proof of consent naming you.
- Your business is registered with the JOIC for this year.
Registering with the JOIC
Organisations that decide how personal data is used (controllers), or process it for someone else (processors), must register with the JOIC and pay an annual fee unless an exemption applies. Fees run from £70 up to £1,600, depending on staff numbers, turnover and the kind of data held. Registrations expire on 31 December, renewals are due by 28 February, and failing to register is a criminal offence (JOIC registration FAQs).
What happens if you get it wrong?
The JOIC's guidance for small businesses says administrative fines can reach £300,000 or 10% of annual turnover, whichever is higher (JOIC, data protection basics for small businesses). Just as costly in a small island: people remember the business that kept texting them after they asked it to stop.
Marketing to people in the UK or Guernsey
If you email or text people in the UK, the UK's own rules on electronic marketing (the Privacy and Electronic Communications Regulations) also apply; the ICO's direct marketing guidance explains them. Guernsey has its own regulator, whose direct marketing guidance covers marketing to people there.
Where this fits with your other marketing
Email and texts work best for people who already know you: past customers, enquiries that did not book yet, and people who signed up for an offer. Facebook and Instagram ads are how most Jersey businesses grow that list in the first place, and lead forms can carry the consent box. See also our guides to the advertising rules in Jersey and every way to advertise a business in Jersey, or get a free website and ads check.
Sources
Checked 10 November 2026: Data Protection (Jersey) Law 2018, Jersey Legal Information (Articles 11 and 36); JOIC, Toolkit: Direct Marketing Checklist (Organisations), V1, May 2018; JOIC, data protection basics for all small businesses; JOIC, registration and charges FAQs; ICO, direct marketing and PECR; ODPA (Guernsey), direct marketing guidance, May 2023.
Questions people ask
Do I need consent to send marketing emails in Jersey?
You need a lawful basis under the Data Protection (Jersey) Law 2018, and for most small businesses that is consent: freely given, specific, informed and unambiguous (Article 11), usually an unticked box the person ticks themselves. You must also tell people at or before your first message that they can object to direct marketing (Article 36).
Can I buy an email list in Jersey?
The JOIC’s direct marketing checklist advises against using bought-in lists for emails, texts or recorded calls unless the seller can show recent consent that specifically named your organisation, and says to screen any list against your own suppression list.
Do Jersey businesses have to register with the JOIC?
Organisations that act as data controllers or processors must register and pay an annual fee unless an exemption applies. Fees run from £70 to £1,600; renewals are due by 28 February and failing to register is a criminal offence (JOIC registration FAQs).
What has to be in a marketing text or email in Jersey?
A way to opt out every time: an unsubscribe link in emails and a reply option such as Reply STOP in texts. Keep a record of everyone who opts out and stop marketing to them.
Related: Advertising rules in Jersey · See the results behind our numbers · Terms explained in the glossary