JAMAICA
Since 2006
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Jamaica has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
JAMAICA
Since April 2007
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
The Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 25 of the law, an intermediary shall not be held liable in any civil or criminal proceedings for any information contained in an electronic document in respect of which the intermediary provides services if:
- the intermediary is not the originator of the document;
- it has no actual knowledge of the act or omission that gives rise to the civil or criminal liability, as the case may be, in respect of the document; and
- it has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.
- the intermediary is not the originator of the document;
- it has no actual knowledge of the act or omission that gives rise to the civil or criminal liability, as the case may be, in respect of the document; and
- it has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230619183505/https://our.org.jm/wp-content/uploads/2021/02/the_electronic_transactions__act_act_15_2006.pdf
- https://web.archive.org/web/20230507031755/https://sherloc.unodc.org/cld/uploads/pdf/Online_intermediaries_eBook.pdf
- https://web.archive.org/web/20240622110022/https://jftc.gov.jm/wp-content/uploads/2022/03/2022.03.30-Competition-Assessment-of-The-Electronic-Transactions-Act-FINAL.pdf
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JAMAICA
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Jamaica imposes identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
JAMAICA
N/A
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Lack of self-declaration of comformity (SDoC)
It is reported that the market approval of products with radio technologies in Jamaica is granted by the Spectrum Management Authority (SMA). The SMA certification is a national certification scheme, which is based on the specifications of a Conformité Européenne (CE), marking according to the Radio Equipment Directive (RED) and a Federal Communications Commission (FCC) certification. However, it is reported that typically one sample of the product is required for approval requests in Jamaica.
Tests and certificates that have already been issued for CE marking and FCC certification can be reused for SMA certification. Type approval for Radio Communication equipment in Jamaica is done by recognition of type approval test reports which are prepared according to international standards. However, technical documents must be reviewed and validated by the Bureau of Standards Jamaica.
Tests and certificates that have already been issued for CE marking and FCC certification can be reused for SMA certification. Type approval for Radio Communication equipment in Jamaica is done by recognition of type approval test reports which are prepared according to international standards. However, technical documents must be reviewed and validated by the Bureau of Standards Jamaica.
Coverage Cell phones, RFID equipment, Bluetooth devices, WiFi products, PSTN equipment
Sources
- https://web.archive.org/web/20231210233213/https://cetecomadvanced.com/en/news/access-for-the-jamaican-market-is-through-sma-certification/
- https://web.archive.org/web/20241211153826/https://360compliance.co/marketaccess/jamaica/
- https://web.archive.org/web/20220715011120/https://www.sma.gov.jm/wp-content/uploads/2018/06/Technical-and-Operational-Rules-for-Radio-Communication-Equipment-using-Licence-Exempt-Bands.pdf
- https://web.archive.org/web/20231206181233/https://www.larcg.com/where-we-work/jamaica/
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JAMAICA
Since September 1993, last amended in 2015
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
The Copyright Act
Jamaica 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. 52 of The Copyright Act provides that the fair dealing of literary, dramatic, musical or artistic works for the purposes of research or private study does not infringe copyright in the work or, in the case of a published edition, in the typographical arrangement.
Coverage Horizontal
JAMAICA
Since June 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Jamaica has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
JAMAICA
Since June 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Jamaica has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal
JAMAICA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
Jamaica does not have a comprehensive framework in place that provides effective protection of trade secrets, but it is reported that trade secrets are protected by common law principles and through contractual arrangements.
Coverage Horizontal
JAMAICA
Since March 2000, as amended in May 2012
Since December 2022
Since December 2022
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
The Telecommunications Act, 2000
Telecommunications (Infrastructure Sharing) Rules, 2022
Telecommunications (Infrastructure Sharing) Rules, 2022
Section 29A of the Telecommunications Act empowers the Office of Utilities Regulation (OUR) to impose a passive infrastructure sharing obligation on a licensee where it deems it to be justified. In the exercise of the OUR's authority as conferred by Section 29A of the Act, the Infrastructure Sharing Rules were enacted. Rule 4 stipulates that a licensee shall share its infrastructure with another licensee in the event that the licensee is classified as a dominant public communications carrier or that the infrastructure is funded, in whole or in part, by government funding.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241111181743/https://laws.moj.gov.jm/library/statute/the-telecommunications-act/download
- https://web.archive.org/web/20240716033320/https://our.org.jm/wp-content/uploads/2023/09/Telecommunications-Infrastructure-Sharing-Rules.pdf
- https://web.archive.org/web/20220320113813/https://www.sma.gov.jm/wp-content/uploads/2018/06/TheTelecommunicationsAmendmentAct2012.pdf
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JAMAICA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Jamaica does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2000. Section 30 of The Telecommunications Act makes it obligatory for each dominant public telecommunications carrier to “keep separate accounts in such form and containing such particulars as will enable the Office to assess whether that carrier provides interconnection services in accordance with the principles specified” at paragraph 1.4. A more general provision is set out in Section 4(5), which provides for the Office to “make rules prescribing the system of regulatory accounts to be kept by a dominant carrier or service provider”.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241111181743/https://laws.moj.gov.jm/library/statute/the-telecommunications-act/download
- https://web.archive.org/web/20230616125959/https://our.org.jm/wp-content/uploads/2021/02/accounting_separation_for_cable_and_wireless_jamaica_supplementary.pdf
- https://web.archive.org/web/20240531080711/https://jftc.gov.jm/wp-content/uploads/2017/10/Telecommunications-Liberalization-Impact-Assessment.pdf
- https://datahub.itu.int/data/?i=100047&s=8421
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JAMAICA
Since April 1997
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Jamaica has appended the World Trade organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
JAMAICA
Since April 1995
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Office of Utilities Regulation, 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
JAMAICA
Since June 2020, entry into force in December 2023
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
The Data Protection Act, 2020
According to Section 1 of Art. 31 of The Data Protection Act, personal data shall not be transferred to a State or territory outside of Jamaica unless that State or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. However, according to Section 3 of Art. 31, the aforementioned condition is not necessary for a transfer that falls within any of the cases specified in subsection 4, including:
- The interested individual consents to the transfer;
- The transfer is necessary for the performance of a contract between the data subject and the data processor;
- The transfer is necessary for reasons of substantial public interest;
- The transfer is necessary for the purpose of, or in connection with, any legal proceedings (including possible legal proceedings);
- The transfer is necessary to protect the vital interests of the data subject;
- The transfer is made on terms that are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects;
- The Commissioner has authorised the transfer to be made in a manner that ensures adequate safeguards for the rights and freedoms of data subjects;
- The transfer is necessary for the purposes of national security or the prevention, detection, or investigation of criminal offences.
- The interested individual consents to the transfer;
- The transfer is necessary for the performance of a contract between the data subject and the data processor;
- The transfer is necessary for reasons of substantial public interest;
- The transfer is necessary for the purpose of, or in connection with, any legal proceedings (including possible legal proceedings);
- The transfer is necessary to protect the vital interests of the data subject;
- The transfer is made on terms that are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects;
- The Commissioner has authorised the transfer to be made in a manner that ensures adequate safeguards for the rights and freedoms of data subjects;
- The transfer is necessary for the purposes of national security or the prevention, detection, or investigation of criminal offences.
Coverage Horizontal
JAMAICA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation to agreement with binding commitments on data flows
Jamaica has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
JAMAICA
Since June 2020, entry into force in December 2023
Pillar Domestic data policies |
Sub-pillar Framework for data protection
The Data Protection Act, 2020
The Data Protection Act provides a comprehensive regime of data protection.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221007015817/https://japarliament.gov.jm/attachments/article/339/The%20Data%20Protection%20Act,%202020.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=jm
- https://web.archive.org/web/20220721114002/https://www.mset.gov.jm/wp-content/uploads/2022/04/Data-Privacy-Day.pdf
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