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
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20240715132651/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02008A1030%2801%29-20171117
- https://web.archive.org/web/20241121171101/https://www.fao.org/faolex/results/details/en/c/LEX-FAOC173849/
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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.
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
Sources
- https://web.archive.org/web/20230923215346/https://investmentpolicy.unctad.org/investment-laws/laws/46/trinidad-and-tobago-foreign-investment-act
- https://web.archive.org/web/20231002051430/https://www.finance.gov.tt/wp-content/uploads/2014/05/129.pdf
- https://web.archive.org/web/20250426014959/https://www.state.gov/reports/2024-investment-climate-statements/trinidad-and-tobago/
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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
Sources
- https://www.wipo.int/wipolex/en/legislation/details/23118
- https://web.archive.org/web/20250419050812/https://ipo.gov.tt/downloads/Patents/Patent_Application_Manual.pdf
- https://web.archive.org/web/20251107011228/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=TT&doc-lang=EN
- https://web.archive.org/web/20260216143225/https://laws.gov.tt/ttdll-web/revision/list?currentid=1150&offset=330&q=
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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
TRINIDAD AND TOBAGO
Since October 1997, last amended in June 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act
Trinidad and Tobago has a clear regime of copyright exceptions that follows the fair dealing model, enabling lawful use of copyrighted works by others without permission. According to Arts. 10 and 11 of the Copyright Act, protection is granted to works by virtue of their creation, regardless of their mode or form of expression, as well as their content, quality, or purpose. The law sets out several exceptions under which copyrighted works may be used without the author’s consent or the payment of compensation, including:
(i) private reproduction for personal purposes (Art. 9);
(ii) reproduction for teaching (Art. 11);
(iii) reproduction by libraries and archives (Art. 12);
(iv) reproduction, broadcasting, and other communication to the public for informational purposes (Art. 13); and
(v) reproduction and adaptation of computer programs (Art. 14).
(i) private reproduction for personal purposes (Art. 9);
(ii) reproduction for teaching (Art. 11);
(iii) reproduction by libraries and archives (Art. 12);
(iv) reproduction, broadcasting, and other communication to the public for informational purposes (Art. 13); and
(v) reproduction and adaptation of computer programs (Art. 14).
Coverage Horizontal
TRINIDAD AND TOBAGO
Reported in 2020, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Trinidad and Tobago. Despite a robust intellectual property rights (IPR) legal framework, enforcement is generally weak.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251009083638/https://www.state.gov/reports/2025-investment-climate-statements/trinidad-and-tobago/
- https://web.archive.org/web/20250910075730/https://ustr.gov/sites/default/files/2024%20Special%20301%20Report.pdf
- https://web.archive.org/web/20231228002523/https://ustr.gov/sites/default/files/2020_Special_301_Report.pdf
- https://web.archive.org/web/20210307110324/https://trinidadexpress.com/press-releases/illicit-trade-in-music/article_049abeb4-f2aa-11ea-9874-c39199b2f472.html
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TRINIDAD AND TOBAGO
Since November 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Trinidad and Tobago has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
TRINIDAD AND TOBAGO
Since November 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Trinidad and Tobago has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TRINIDAD AND TOBAGO
Since December 1997, last amended in June 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Protection Against Unfair Competition Act
Trinidad and Tobago does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 9 of the Protection Against Unfair Competition Act of 1996 determines that any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by others of secret information without the consent of the person lawfully in control of that information and in a manner contrary to honest commercial practices shall constitute an act of unfair competition. In addition, Art. 9 defines "secret information" as well as setting out what its disclosure may result from, such as industrial or commercial espionage or breach of contract.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240716114837/http://laws.gov.tt/ttdll-web/revision/list?offset=0&q=unfair¤tid=656
- https://web.archive.org/web/20231204005631/http://ipo.gov.tt/types-of-ip/trade-secrets/
- https://web.archive.org/web/20250502234451/http://laws.gov.tt/ttdll-web/revision/list?offset=0&q=unfair¤tid=656
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TRINIDAD AND TOBAGO
Since July 2001, as amended in June 2004
Since August 2006, last amended in 2009
Since August 2006, last amended in 2009
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Act
Telecommunications (Access to Facilities) Regulations
Telecommunications (Access to Facilities) Regulations
There is an obligation for passive infrastructure sharing in Trinidad and Tobago to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements. Passive sharing of telecom infrastructure is mandated under Art. 26.1 of the Telecommunications Act of 2001, which was amended in 2004 to include this provision. The document titled Telecommunications (Access to Facilities) Regulations details the regulations for licensees of telecommunications services to negotiate in good faith in order to share the use of their facilities.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231022234439/http://tatt.org.tt/DesktopModules/Bring2mind/DMX/Download.aspx?Command=Core_Download&EntryId=133&P
- https://web.archive.org/web/20231022234254/https://www.urcabahamas.bs/wp-content/uploads/2017/02/ECS-17-2014-Infrastructure-Sharing-Regulations-1.pdf
- https://web.archive.org/web/20230330170940/https://unctad.org/system/files/non-official-document/dtl_eWeek2017c06-isoc_en.pdf
- https://datahub.itu.int/data/?i=100014
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TRINIDAD AND TOBAGO
Since January 1970
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Telecommunications Services of Trinidad and Tobago Limited (TSTT) is a joint venture between National Enterprises Limited (NEL), a majority state-owned investment holding company, and Cable & Wireless (West Indies) Limited (C&W). NEL holds 51% of TSTT issued share capital, while C&W owns the remaining 49%. TSTT provides communications solutions marketed under the bmobile brand, including mobile and fixed-line services and broadband internet access.
Coverage Telecommunications sector
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
(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 February 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Property (Participation in Procurement) Regulations, 2021
According to Art. 3 of the Public Procurement and Disposal of Public Property (Participation in Procurement) Regulations, 2021, a supplier or contractor participating in an international competitive bid may benefit from domestic preference mechanisms specified in the bidding documents where the procurement involves:
(a) the supply of goods manufactured exclusively in Trinidad and Tobago; or
(b) the supply of goods partially manufactured or assembled in Trinidad and Tobago, provided that the supplier or contractor demonstrates, to the satisfaction of the procuring entity, that the proportion of domestic value added represents at least 35% of the ex-works price of the goods offered.
As stipulated in Art. 4.2 of the same Regulations, the percentage of domestic price preference permitted in a bidding document is set at 10%, subject to quarterly review by the procuring entity.
Furthermore, when determining the domestic value added, the procuring entity shall take into account the value of domestic labour, raw materials, locally produced components, and any manufacturing or assembly conducted within the country. The nationality of a supplier or contractor shall not be used as a condition for eligibility.
(a) the supply of goods manufactured exclusively in Trinidad and Tobago; or
(b) the supply of goods partially manufactured or assembled in Trinidad and Tobago, provided that the supplier or contractor demonstrates, to the satisfaction of the procuring entity, that the proportion of domestic value added represents at least 35% of the ex-works price of the goods offered.
As stipulated in Art. 4.2 of the same Regulations, the percentage of domestic price preference permitted in a bidding document is set at 10%, subject to quarterly review by the procuring entity.
Furthermore, when determining the domestic value added, the procuring entity shall take into account the value of domestic labour, raw materials, locally produced components, and any manufacturing or assembly conducted within the country. The nationality of a supplier or contractor shall not be used as a condition for eligibility.
Coverage Horizontal
