SAINT LUCIA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Saint Lucia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
SAINT LUCIA
Since March 1985
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Trade Licences Act
According to Art. 3 of the Trade Licences Act, foreign companies shall not engage in trade without a trade licence and the approval of the Ministry of Commerce, Manufacturing, Business Development, Cooperatives and Consumer Affairs or from Invest Saint Lucia. Under Arts. 5-6 of the Act, the application for the licence is considered by the Trade License Advisory Board, which makes a recommendation to the Minister, who then grants the final approval. It is reported that some exceptions apply to CARICOM companies.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220705023459/https://www.govt.lc/media.govt.lc/www/resources/legislation/TradeLicenceAct.pdf
- https://web.archive.org/web/20220627213753/https://admin.theiguides.org/Media/Documents/aliens_act_cap1537.pdf
- https://web.archive.org/web/20221006183615/https://www.uhy.com/wp-content/uploads/Doing-Business-in-Saint-Lucia.pdf
- https://web.archive.org/web/20230323181011/https://archive.stlucia.gov.lc/faq/opening_a_business_in_saint_lucia.htm
- https://web.archive.org/web/20230522102415/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
- https://web.archive.org/web/20230930165850/https://www.govt.lc/services/apply-for-a-trade-licence-new-
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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
SAINT LUCIA
Reported in 2022
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the National Telecommunications Regulatory Commission, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
SAINT LUCIA
Since March 2011, last amended in March 2015
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Act
According to Art. 45 of the Data Protection Act 2011, data shall not be transferred to a country or territory outside Saint Lucia unless the country or territory ensures an adequate level of data protection or the Commissioner has authorised the data controller to transfer the data abroad. Alternatively, personal data can be transferred abroad under certain exceptions, which are listed in Art. 45.2. These include cases in which (i) the data subject has given consent to the transfer; (ii) the transfer is necessary to safeguard national security; (iii) the matter concerns public security; (iv) the transfer is made on such terms as may be approved by Commissioner as ensuring the adequate safeguards for the protection of the rights of the data subject.
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/20240227181009/https://attorneygeneralchambers.com/laws-of-saint-lucia/data-protection-act
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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
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
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
- http://publications.europa.eu/resource/cellar/f5c1c99f-9d19-452b-b0b0-ed690a53dd5f.0006.05/DOC_1
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SAINT LUCIA
Since March 2011
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
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SAINT LUCIA
Reported in 2021
Pillar Intermediary liability |
Indicator User identity requirement
User identity requirement for SIM registration
It is reported that Saint Lucia 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
SAINT LUCIA
Since October 1996, last amended in May 2000
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 framework for the effective protection of trade secrets (Art. 8.1-8.5). 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
