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TRINIDAD AND TOBAGO

Since April 2011, last amended in July 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 50.1 of the Act, an internet intermediary or telecommunications service provider who simply acts as a conduit for the transmission of data messages, records or information in electronic form is not liable for the content thereof, provided that the intermediary or telecommunications service provider is not aware of criminal intent.
Art. 50.4 states that an intermediary or a telecommunications service provider is not liable under the Copyright Act for either:
- The infringement of copyright in any work or other subject matter in which copyright subsists; or
- The unauthorised use of any public performance, the duration of which the copyright period has not expired.
Coverage Internet intermediaries and telecom service providers

TRINIDAD AND TOBAGO

Since April 2011, last amended in July 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 50.1 of the Act, an internet intermediary or telecommunications service provider who acts as a conduit for the transmission of data messages, records or information in electronic form is not liable for the content thereof, provided that the intermediary or telecommunications service provider is not aware of criminal intent.
Coverage Internet intermediaries and telecom service providers

TRINIDAD AND TOBAGO

Reported in 2018, last reported in 2025

Pillar Intermediary liability  |  Indicator User identity requirement
User identity requirement for SIM registration
It is reported that Trinidad and Tobago imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in the case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Reported in 2013, last reported in 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on customs procedures
Companies and importers have reported significant procedural obstacles in Trinidad and Tobago, including customs-clearance delays, bureaucratic inefficiency, occasional inflexibility in the interpretation of import regulations, extensive documentation requirements and the involvement of numerous administrative bodies. In 2024, clearing goods through customs remained the most frequently reported trade problem, with delays sometimes lasting weeks. Relevant information is not always adequately published, and not all authorities involved in import procedures participate in the electronic trade portal. The government’s 2025 National E-Commerce Strategy also identified continuing practical difficulties in importing goods and the need to streamline customs procedures and improve interoperability among trade-facilitation systems.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since July 2001, last amended in June 2004
Since February 2008

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Telecommunications Act

The Equipment Certification and Standardisation Framework for the Telecommunications and Broadcasting Sectors in Trinidad and Tobago, February 2008
Section 48 of the Telecommunications Act states that the Telecommunications Authority of Trinidad and Tobago (TATT) is responsible for establishing technical standards and certifying telecommunications and radio communications equipment. TATT has done this through the “Equipment Standardisation and Certification Framework for the Telecommunications and Broadcasting Sectors of Trinidad and Tobago”, published in September 2008. The regulation mandates that telecommunications equipment must be certified by submitting an application to the TATT using the "Equipment Certification Application Form". Within the documents and information to be provided, applicants include the International Standardisation certification (FCC, Industry Canada, DoC). Therefore, Trinidad and Tobago recognises international and third-party certifications, but they are merely supporting documents to the application and do not exempt the supplier of a product from applying locally.
Self-certification is not permitted in Trinidad and Tobago for either local or foreign businesses, as a Supplier's Declaration of Conformity (SDoC) is not, by itself, an acceptable certification of compliance with standards.
Coverage Telecom equipment

TRINIDAD AND TOBAGO

Since December 2023

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
E-Money Issuer (Amendment) Order, 2023
Since December 2023, the E-Money Issuer (Amendment) Order, 2023 has established differentiated wallet-balance and monthly transaction limits according to the type of user and transaction. For individuals, both limits are set at TTD 7,000 (approx. USD 1,000) for micro-transactions, TTD 20,000 (approx. USD 3,000) for mid-value transactions, and TTD 40,000 (approx. USD 6,000) for high-value transactions. For businesses, micro-enterprises are subject to a maximum wallet balance and monthly transaction limit of TTD 100,000 (approx. USD 15,000), while the corresponding limit for small and medium-sized enterprises is TTD 200,000 (approx. USD 30,000). Large enterprises and government entities are not subject to generally applicable wallet-balance or monthly transaction limits.
Coverage Horizontal

TRINIDAD AND TOBAGO

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Trinidad and Tobago does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since January 2015

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Telecommunications
(Accounting Separation) Regulations, 2015
Trinidad and Tobago mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Under Art. 3 of the Telecommunications (Accounting Separation) Regulations, any concessionaire that provides two or more services must prepare, maintain, and submit to the Authority, within three months of the end of its financial year, separated accounts in accordance with the applicable separated accounts templates set out in the Schedule. The clause mandating functional separation has not been identified in the legal texts.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since April 1997

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Trinidad and Tobago has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since July 2001, as amended in July 2004

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Telecommunications Act 2001
The Telecommunications Authority of Trinidad and Tobago (TATT), established in July 2004 through an amendment to the Telecommunications Act, 2001, serves as the national authority responsible for the supervision and administration of telecommunications services. It is reported that the Authority operates independently of the government in its decision-making.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows across borders
Trinidad and Tobago has not taken any binding commitments on open transfers of cross-border data flow. The only agreement in place regarding data flows across borders is the 2008 "Economic Partnership Agreement (EPA) between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part", a free trade and development agreement between the EU and the CARIFORUM states, including Trinidad and Tobago. Pursuant to the Art. 107, the Parties agree to permit a financial service supplier of the other party to transfer information in and out of their territory if the processing of data is required for the ordinary course of business. Moreover, in Art. 199, the Parties agree that the legal and regulatory regimes and administrative capacity to be established shall, at a minimum, include the content principle of restrictions on onward transfers, which means that data can only be transferred when the recipient is also subject to rules affording an adequate level of protection.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since June 2011, with partial entry into force in January 2012 and August 2021

Pillar Domestic data policies  |  Indicator Framework for data protection
Data Protection Act
Trinidad and Tobago does not currently have a comprehensive data protection framework. Although the Data Protection Act governs the area, only limited provisions have been proclaimed, rendering the regime partial and underdeveloped. The sections in force include Part I (preliminary provisions), Part II (establishing the Office of the Information Commissioner, which reportedly remains non-operational), and Part III, limited to Section 42(a) and (b) on disclosure by public bodies. Crucially, the substantive provisions on the protection of personal data by public bodies, the private sector (Part IV), and the enforcement and contravention mechanisms (Part V) have not yet been implemented, leaving significant gaps in regulatory coverage and enforcement.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since February 1990, entry into force in August 1990, last amended in 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Investment Act, 1990
Under Arts. 4 and 5 of the Foreign Investment Act, 1990 of Trinidad and Tobago, any foreign investor intending to acquire shares in a local public company must, prior to doing so, submit detailed information to both the Minister of Finance and the Secretary of the company, as specified in the First Schedule. This information includes personal or corporate identification details, the purpose of the investment, disclosure of other jurisdictions where the investor holds investments, residency status under the Exchange Control Act, and comprehensive information regarding the consideration and financial transactions related to the investment.
Furthermore, pursuant to Art. 5 of the Act, a foreign investor must obtain a licence before acquiring shares in a local public company if such acquisition—whether direct or indirect—would result in foreign investors collectively holding 30% or more of the company’s total shareholding. In addition, under the Second Schedule, every local public company is required to record in its Share Register whether each shareholder qualifies as a foreign investor.
Coverage Public companies

TRINIDAD AND TOBAGO

Since December 1996, last amended in September 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patents Act
According to the Patents Act of Trinidad and Tobago, patent applicants whose ordinary residence or principal place of business is outside the country must meet specific representation and address requirements. Under Art. 18 (d), every patent application must include an address within Trinidad and Tobago for service. Furthermore, Art. 79.2 stipulates that applicants residing or conducting business outside Trinidad and Tobago must be represented by an attorney-at-law who is resident and practising within the jurisdiction.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since March 1994

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Trinidad and Tobago is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

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