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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

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

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

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

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
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

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

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
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.
Coverage Telecommunications sector
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'LC')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"113099"},{"post_id":"113100"},{"post_id":"113101"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'LC')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'LC')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

SAINT LUCIA

ITA signatory? I II

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

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