In January 2023 the Authority informed Jacksons that it was opening an inquiry.

This was prompted by reports that the Channel Islands car dealership had sent direct marketing communications to customers who had previously opted out.

The investigation found that a senior employee had ordered members of sales staff to change customers’ preferences from ‘No’ to ‘Yes’.

This impacted 430 customer accounts over the course of one year.

The authority says this senior employee is no longer with the company and it found no evidence Jacksons’ data protection officer or its board of directors were aware of these changes.

However, the breach of Guernsey’s Data Protection Law has resulted in a £65,000 fine for Jacksons and an enforcement order, requiring that they take certain steps to comply with the Law.

Commissioner Brent Homan is confident the offence won’t be repeated.

“Respecting customer consent is a fundamental data protection obligation, which underscores the serious nature of this practice and sanction.

“Notwithstanding the serious nature of this matter, I am encouraged by the commitment of the new ownership and leadership of Jacksons to ensuring that such practices do not recur, and to providing an elevated and exemplary level of protection to its customers and their data rights.

“To that end, Jacksons has already taken progressive steps, and we look forward to meeting with them in the future to hear of their further progress.”

Van Mossel Jacksons Group, CEO, Paul Kell, has published this statement:

“Van Mossel MotorMall has taken note of the conclusion of the Office of the Data Protection Authority’s investigation into a historic incident at MotorMall Guernsey, prior to its acquisition by the Van Mossel Automotive Group in 2023. We accept the Authority’s findings and the fine imposed.

The investigation concerned the actions of a single employee, no longer with the business, who against established processes instructed the change of customer contact preferences. The ODPA found no evidence of this occurring beyond this single incident in Guernsey. Over the course of its detailed two-year review, no further data protection issues were found at MotorMall Guernsey or elsewhere across our Group.

Since acquiring MotorMall Guernsey, Van Mossel has implemented the Group’s comprehensive and industry-leading data protection standards, which apply consistently across our European operations. We engaged fully and transparently with the ODPA throughout its investigation, proactively reviewing processes, providing training to staff and contacting affected customers.

As a Group, we take our customers’ data privacy very seriously; we are committed to ensuring that all customer communications are relevant, appropriate and proportionate to our clients’ motoring, servicing and warranty needs. Every communication we send includes a clear and easy-to-use unsubscribe function, so customers remain in full control of the information they receive from us.

We regret the historic failing that occurred prior to our ownership, but we are reassured that the ODPA’s exhaustive review has found no evidence of wider issues. Our commitment to the highest standards of data protection remains absolute, and we will continue to invest in processes, training and compliance to safeguard our clients’ trust.”