Jacksons fined £65,000 for unlawfully changing customer marketing preferences.
The Data Protection (Bailiwick of Guernsey) Law, 2017 (“the Law”)
The Data Protection Authority (“The Authority”)
Issued: 1pm, 25 September 2025
Controller: Jacksons Group Limited & Jacksons (CI) Limited incorporating Van Mossel Jacksons and Van Mossel Motormall (“Jacksons”)
What happened?
On 10 January 2023, the Authority informed Jacksons, a Channel Islands car dealership*, that it was opening an Inquiry after receiving intelligence alleging that Jacksons had carried out direct marketing communication against the wishes of some of their customers.
The investigation revealed an anomaly with a number of customer records. Upon examination these customer records showed certain Jacksons’ sales staff had amended preferences. These amendments changed the customers’ preferences for receiving direct marketing, from ‘No’ to ‘Yes’.
Jacksons acknowledged that these amendments were against the wishes of those customers identified and conducted an internal review to establish the scope of this unlawful practice.
This internal review eventually revealed that 430 customer records had been amended unlawfully over the course of one year. These amendments primarily related to Jacksons’ Motormall operations.
Jacksons established that a senior employee had given the directive to make these amendments, which were then carried out by certain members of sales staff. This senior employee is no longer with the company and the Authority found no evidence to suggest that there was awareness of the practice by the Jacksons’ data protection officer or its board of directors.
Why was that a problem?
As Jacksons themselves acknowledged, customer personal data in the form of marketing contact preferences was amended unlawfully. This meant that some customers received direct marketing against their wishes.
Respecting consent is a fundamental element in data protection and this unlawful practice represented a compromise of the data rights of individual customers whose consent was not only disregarded but actively changed.
What has happened as a result?
The Authority determined that Jacksons had breached two principles of the Law under section 6; those relating to
Lawfulness, Fairness and Transparency and
Accuracy.
Jacksons recognises and accepts that a practice has taken place over the course of one year that entailed the alteration of customer records by certain sales staff. This alteration amended multiple customer records where the customer had not consented to receiving marketing communication.
The Authority determined that these contraventions of the Law were at the more serious end of the scale due to the intentional nature of the reversal of customers’ consent choices.
The Authority has therefore issued Jacksons with a £65,000 administrative fine and an enforcement order, requiring that they take certain steps to comply with the Law.
What can be learned from this?
This outcome serves as a clear reminder that transparency and respect for individuals marketing preferences are paramount.
They are core obligations under the data protection law. Organisations must maintain accurate and reliable records of customer contact preferences to ensure that those records properly reflect and uphold the wishes of customers.
Embedding robust systems, regular staff training and ongoing checks within day-to-day operations is essential to protect individuals’ rights and to safeguard organisations’ reputation.
Respecting customer choices is not only a statutory requirement but also a fundamental basis for public trust and confidence.
“Respecting customer consent is a fundamental data protection obligation, which underscores the serious nature of this practice and sanction.” said Commissioner Brent Homan.
“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.”
*Jacksons is a Channel Islands car dealership which operates both the Jacksons Guernsey and Motormall Guernsey dealerships.
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