Access for individuals who can demonstrate a legitimate interest is, though not a new concept, beginning to become a feature in the beneficial ownership regime in a number of jurisdictions. Over the past decade, several jurisdictions have explored and implemented such access frameworks. Notably, the European Union required Member States to provide access to individuals demonstrating a legitimate interest under the Fourth Anti-Money Laundering Directive (4AMLD).
However, significant variation in implementation across Member States led to a subsequent push for full public access under 5AMLD – a move later reversed by the Sovim decision due to interference with privacy rights. This reversal informed the development of the EU’s Sixth Anti-Money Laundering Directive (6AMLD) which is yet to be implemented by Member States. As such, it cannot currently be said that there is a demonstrable accepted standard or best practice within the EU.
Legitimate interest access is proving challenging, with those in the EU who have implemented the regime being subject to operational, legal, and procedural challenges. The implementation of legitimate interest access is likely to remain complex, with persistent challenges expected to place sustained pressure on registry resources and potentially affect service delivery. We continue to monitor these developments closely, with the aim of learning from emerging practices and the experience of others, in order to navigate potential obstacles more effectively.
Beyond the EU, other jurisdictions – including the Cayman Islands, the British Virgin Islands, and the United Kingdom (through access to certain information within the Register of Overseas Entities) - are also exploring or implementing forms of legitimate interest access. The Government of Jersey has carefully considered the policy developments in these jurisdictions, particularly the practical implementation of such regimes, to ensure that any proposed framework for Jersey is both appropriate and workable.
About the consultation
The proposed policy seeks to deliver a balanced and considered framework for enhanced access to beneficial owner information. It aims to provide access to individuals who can demonstrate a legitimate interest, where such access is necessary to support combatting of illicit finance objectives. The policy is designed to minimise interference with privacy and includes provisions to ensure the protection of personal data.
This consultation invites you to answer 11 questions concerning the proposed framework for determining legitimate interest access. It will remain open until 30 January 2026, and the Government welcomes engagement from all stakeholders to help shape the policy and ensure it meets the needs of the Island.
Read the full details in the consultation document.
Data protection
The information you provide will be processed in compliance with the Data Protection (Jersey) Law 2018. For more information, see the External Relations' privacy policy and retention schedule on gov.je
The Government of Jersey may quote or publish responses to this consultation but will not publish the name and addresses of individuals without consent. Types of publishing may include:
- sending to other interested parties on request
- sending to the Scrutiny Office
- quoting in a published report
- reporting in the media
- publishing on the Government website
- listing on a consultation summary
Confidential responses will still be included in any summary of statistical information received and views expressed.
Under the Freedom of Information (Jersey) Law 2011, information submitted to this consultation may be released if a Freedom of Information request requires it, but no personal data may be released.