SAINT LUCIA
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
Saint Lucia has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
SAINT LUCIA
Since March 2011, last amended in March 2015
Pillar Domestic data policies |
Indicator Framework for data protection
Data Protection Act
The Data Protection Act provides a comprehensive regime of data protection in St. Lucia.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230425080819/https://www.dataguidance.com/sites/default/files/act_11_of_2011.pdf
- https://web.archive.org/web/20240803021228/https://www.dataguidance.com/sites/default/files/act_2_of_2015.pdf
- https://web.archive.org/web/20231130212847/https://attorneygeneralchambers.com/laws-of-saint-lucia/data-protection-act
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SAINT LUCIA
Since August 2007
Pillar Domestic data policies |
Indicator Minimum period for data retention
Statutory Instrument 2007, No. 148 - Telecommunications (Quality of Service) Regulations 2007
According to Art. 14 of the Telecommunications (Quality of Service) Regulations 2007, telecommunications providers shall retain quality of service data, all measurements and related records for a minimum period of 18 months after the end of the reporting period or until the National Telecommunications Regulatory Commission may direct.
Coverage Telecommunications sector
SAINT LUCIA
Since March 2011, last amended in May 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act No. 16 of 2011
The Electronic Transactions Act 2011 establishes a safe harbour regime for intermediaries for copyright infringements. Pursuant to Art. 47, an intermediary or an internet service provider who provides a conduit is not liable for the content of electronic records that indicate a likelihood of civil or criminal liability if the intermediary or internet service provider: (i) had no actual knowledge of such information; or (ii) on acquiring actual knowledge or becoming aware of such facts, followed the takedown procedures required by the Regulations as soon as possible.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230425091546/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc040en.pdf
- https://web.archive.org/web/20220321091316/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc002en.pdf
- https://web.archive.org/web/20210720011032/http://publications.europa.eu/resource/cellar/f5c1c99f-9d19-452b-b0b0-ed690a53dd5f.0006.05/DOC_1
- https://web.archive.org/web/20260216131550/https://attorneygeneralchambers.com/laws-of-saint-lucia/electronic-transaction-act/act
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SAINT LUCIA
Since March 2011, last amended in May 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act No. 16 of 2011
The Electronic Transactions Act 2011 establishes a safe harbour regime for intermediaries beyond copyright infringements. Pursuant to Art. 47, an intermediary or an internet service provider who provides a conduit is not liable for the content of electronic records that indicate a likelihood of civil or criminal liability if the intermediary or internet service provider: (i) had no actual knowledge of such information; or (ii) on acquiring actual knowledge or becoming aware of such facts, followed the takedown procedures required by the Regulations as soon as possible.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230425091546/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc040en.pdf
- https://web.archive.org/web/20220321091316/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc002en.pdf
- https://web.archive.org/web/20231103120743/https://caricom.org/documents/4906-revised_treaty-text.pdf
- https://web.archive.org/web/20260216131550/https://attorneygeneralchambers.com/laws-of-saint-lucia/electronic-transaction-act/act
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SAINT LUCIA
Since August 1996
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Saint Lucia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SAINT LUCIA
Since October 1996, last amended in July 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act No. 10 of 1995
The Copyright Act has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 55–57 lists the exceptions, which include research, private study, criticism, or review. In those cases where the purpose is unclear, the court is responsible for determining fair dealing.
Coverage Horizontal
SAINT LUCIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty (WCT)
Saint Lucia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SAINT LUCIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Saint Lucia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SAINT LUCIA
Since February 2001, last amended in December 2015
Since November 2000, entry into force in March 2001, last amended in February 2006
Since November 2000, entry into force in March 2001, last amended in February 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Protection Against Unfair Competition Act No. 01 of 2001
Telecommunications Act - Act No. 27 of 2000
Telecommunications Act - Act No. 27 of 2000
The Protection Against Unfair Competition Act provides a comprehensive framework for the effective protection of trade secrets (Arts. 8-9). In addition, Art. 13 (g) of the Telecommunications Act mandates that records of trade secrets not be made available to the public for inspection.
Coverage Horizontal
SAINT LUCIA
Since November 2000, entry into force in March 2001, last amended in February 2006
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Act - Act No. 27 of 2000
Sections 49 and 50 of the Telecommunications Act mandate the sharing of passive infrastructure in Saint Lucia.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240519112331/https://www.ntrcslu.lc/wp-content/uploads/2021/08/Telecommunications-Act-2000.pdf
- https://datahub.itu.int/data/?i=100014&e=LCA
- https://web.archive.org/web/20241119181509/https://www.ectel.int/wp-content/uploads/2023/11/Telecommunications-Act-Chapter-8.11-SLU.pdf
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SAINT LUCIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Saint Lucia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. However, the legal provisions could not be found.
Coverage Telecommunications sector
SAINT LUCIA
Since April 2001
Since December 2008
Since June 2014
Since December 2008
Since June 2014
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Statutory Instrument, 2002 No. 12 - Telecommunications (Private Networking Licensing) Regulations
Telecommunications (Licensing and authorisation) Regulations
Telecommunications (Fees) Regulations, 2014
Telecommunications (Licensing and authorisation) Regulations
Telecommunications (Fees) Regulations, 2014
The licensing regime in the telecom sector is regulated by the Telecommunications (Private Networking Licensing) Regulations and the Telecommunications (Licensing and authorisation) Regulations.
According to Art. 14 of the Telecommunications (Licensing and Authorisation) Regulations, when it is proposed to limit the number of licenses for the operation of a certain type of telecommunications network or the provision of a certain type of telecommunications service, the Commission, upon the recommendation of Eastern Caribbean Telecommunications Authority (ECTEL), shall publish a consultative document containing the reasons for the proposed limitation.
According to Arts. 4 and 5 of the Telecommunications (Fees) Regulations, individual and class licenses are subject to a non-refundable application fee, a one-time initial fee (upon approval of the application), and an annual license fee expressed either as a percentage of the licensee's gross revenue or a fixed amount; for fixed-line, mobile, and Internet service providers, these fees are XCD 1,000 (USD 370), XCD 20,000 (USD 7,400), and 3% of annual gross revenue, respectively.
According to Art. 14 of the Telecommunications (Licensing and Authorisation) Regulations, when it is proposed to limit the number of licenses for the operation of a certain type of telecommunications network or the provision of a certain type of telecommunications service, the Commission, upon the recommendation of Eastern Caribbean Telecommunications Authority (ECTEL), shall publish a consultative document containing the reasons for the proposed limitation.
According to Arts. 4 and 5 of the Telecommunications (Fees) Regulations, individual and class licenses are subject to a non-refundable application fee, a one-time initial fee (upon approval of the application), and an annual license fee expressed either as a percentage of the licensee's gross revenue or a fixed amount; for fixed-line, mobile, and Internet service providers, these fees are XCD 1,000 (USD 370), XCD 20,000 (USD 7,400), and 3% of annual gross revenue, respectively.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221103170939/https://www.ectel.int/wp-content/uploads/2015/12/SLU-sro-12-2002-private-network-licensing.pdf
- https://web.archive.org/web/20221103162037/https://www.ectel.int/wp-content/uploads/2015/12/SLU-sro-121-2008-licensing-authorisation.pdf
- https://web.archive.org/web/20221103161151/https://www.ectel.int/wp-content/uploads/2015/12/SLU-sro-60-2014-fees.pdf
- https://web.archive.org/web/20241119181509/https://www.ectel.int/wp-content/uploads/2023/11/Telecommunications-Act-Chapter-8.11-SLU.pdf
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SAINT LUCIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.85%
Coverage rate of zero-tariffs on ICT goods (%)
51.04%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
SAINT LUCIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Saint Lucia has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
