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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JAMAICA
Since June 2020, entry into force in December 2023
Pillar Domestic data policies |
Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
The Data Protection Act, 2020
According to Art. 45 of The Data Protection Act, a data controller shall submit to the Commissioner a data protection impact assessment (DPIA) in respect of all personal data in the custody or control of the data controller. The data protection impact assessment form shall require at least the following information:
- Detailed description of the envisaged processing of the personal data and the purposes of the processing, specifying, where applicable, the legitimate interest pursued by the data controller;
- Assessment of the necessity and proportionality of the processing operations in relation to the purposes;
- Assessment of the risks to the rights and freedoms, of data subjects;
- Measures envisaged addressing the risks, including safeguards, security measures, and mechanisms to protect personal data and demonstrate compliance with the Act.
In addition, certain categories of data controllers are required to appoint a data protection officer (DPO' under the Act. These categories include: data controllers who are public authorities; data controllers who process or intend to process sensitive personal data or data relating to criminal convictions; data controllers who process personal data on a large scale; and data controllers that are designated by the Commissioner as requiring a DPO.
- Detailed description of the envisaged processing of the personal data and the purposes of the processing, specifying, where applicable, the legitimate interest pursued by the data controller;
- Assessment of the necessity and proportionality of the processing operations in relation to the purposes;
- Assessment of the risks to the rights and freedoms, of data subjects;
- Measures envisaged addressing the risks, including safeguards, security measures, and mechanisms to protect personal data and demonstrate compliance with the Act.
In addition, certain categories of data controllers are required to appoint a data protection officer (DPO' under the Act. These categories include: data controllers who are public authorities; data controllers who process or intend to process sensitive personal data or data relating to criminal convictions; data controllers who process personal data on a large scale; and data controllers that are designated by the Commissioner as requiring a DPO.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221007015817/https://japarliament.gov.jm/attachments/article/339/The%20Data%20Protection%20Act,%202020.pdf
- https://web.archive.org/web/20220721114002/https://www.mset.gov.jm/wp-content/uploads/2022/04/Data-Privacy-Day.pdf
- https://www.dataguidance.com/notes/jamaica-data-protection-overview
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JAMAICA
Reported in 2022, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints about public procurement
Concerns about corruption are particularly prominent in the government procurement processes in Jamaica. Additionally, some stakeholders have reported that there is a need to reevaluate procurement procedures, as numerous government agencies and ministries are facing significant delays in their procurement activities.
Coverage Horizontal
JAMAICA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Jamaica is not a party to the World Trade organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
JAMAICA
Since October 2004, last amended in 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
The Companies Act
According to The Companies Act, all private entities, domestic and foreign, have the right to establish and own business enterprises. Jamaica imposes no limits on foreign ownership or control, and local laws do not distinguish between local and foreign investors.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221225220907/https://www.orcjamaica.com/uploads/Companies%20Act%202004%20_with%202013%20and%202017%20Amendments%20and%20SIPP%20and%20Insolvency%20Amendments_.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S457.pdf&Open=True
- https://web.archive.org/web/20230928044629/https://www.state.gov/reports/2023-investment-climate-statements/jamaica
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JAMAICA
Since February 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Jamaica is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
JAMAICA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.28%
Coverage rate of zero-tariffs on ICT goods (%)
53.43%
Coverage: Digital 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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
JAMAICA
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Jamaica is not a signatory of the 1996 World Trade organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- 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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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JAMAICA
Since July 2018
Since September 2019
Since September 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Regulations, 2018
Public Procurement (Domestic Margin of Preference) Order, 2019
Public Procurement (Domestic Margin of Preference) Order, 2019
According to Section 43 of the Public Procurement Regulations 2018, procuring entities must apply a domestic margin of preference in open bidding conducted through international competitive bidding. This preference is extended to eligible Jamaican bidders as outlined under Section 44 of the Regulations, as well as any administrative guidelines issued by the Office. The domestic margin of preference aims to provide Jamaican bidders with a competitive advantage in public procurement processes involving international bids.
According to Sections 2 and 3 of the Public Procurement (Domestic Margin of Preference) Order, 2019, national bidders incorporating at least 35% domestic content in the supply of goods, execution of works, or provision of services are eligible for a domestic margin of preference up to 20%.
According to Sections 2 and 3 of the Public Procurement (Domestic Margin of Preference) Order, 2019, national bidders incorporating at least 35% domestic content in the supply of goods, execution of works, or provision of services are eligible for a domestic margin of preference up to 20%.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240710133834/https://procureja.gov.jm/wp-content/uploads/2022/10/The-Public-Procurement-Regulations-2018.pdf
- https://web.archive.org/web/20240710133107/https://procureja.gov.jm/wp-content/uploads/2022/10/The-Public-Procurement-Domestic-Margin-of-Preference-Order-2019.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S457.pdf&Open=True
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INDIA
Since June 2000, entry into force in October 2000, last amended in August 2023
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Information Technology Act, 2000
According to Section 84A of the Information Technology Act, the Government may, for secure use of the electronic medium and for the promotion of e-governance and e-commerce, prescribe the modes or methods for encryption. However, no rules have been introduced under this section.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231204123614/https://eprocure.gov.in/cppp/rulesandprocs/kbadqkdlcswfjdelrquehwuxcfmijmuixngudufgbuubgubfugbububjxcgfvsbdihbgfGhdfgFHytyhRtMjk4NzY=
- https://web.archive.org/web/20230517033135/https://www.mondaq.com/india/social-media/1088968/intermediary-liability-in-india--moving-goalposts
- https://web.archive.org/web/20231210112408/https://www.forbesindia.com/article/iim-calcutta/indias-tryst-with-intermediary-liability-from-2000-to-2021-changing-paradigms-in-the-social-media-age/69121/...
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INDIA
Since April 2013, last amended in October 2020
Pillar Online sales and transactions |
Sub-pillar Maximum foreign equity share for investment in the e-commerce sector
Consolidated Foreign Direct Investment (FDI) Policy Circular of 2020
Since the implementation of the Consolidated FDI Policy Circular of 2016, last amended by the Consolidated FD) Policy Circular of 2020, India permits fully owned FDI in business-to-business (“marketplace-based”) electronic commerce, i.e. "providing an information technology platform by an e-commerce entity on a digital & electronic network to act as a facilitator between buyer and seller." However, India prohibits foreign investment in business-to-consumer (or “inventory-based”) electronic commerce, also defined as "e-commerce activity where the inventory of goods and services is owned by an e-commerce entity and is sold to the consumers directly".
When a marketplace e-commerce entity exercises ownership or control over the inventory, the business is categorised into the inventory-based model. Additionally, India implemented regulations that expressly prohibit subsidiaries of foreign-owned marketplace-based electronic commerce sites from selling products on their parent companies’ sites. The rules also prohibit exclusivity arrangements by which electronic commerce retailers can offer a product on an exclusive basis.
The only exceptions for FDI in inventory-based electronic commerce are for food-product retailing and single-brand retailers that meet certain conditions, including the operation of physical stores in India. According to Section 5.2.15.3 of the Consolidated FDI Policy Circular of 2020, retail trading through e-commerce can also be undertaken before opening physical stores, subject to the entity opening physical stores within two years from the start of online retail. Overall, it is reported that these narrow exceptions limit the ability of many electronic commerce service suppliers to serve the Indian market.
When a marketplace e-commerce entity exercises ownership or control over the inventory, the business is categorised into the inventory-based model. Additionally, India implemented regulations that expressly prohibit subsidiaries of foreign-owned marketplace-based electronic commerce sites from selling products on their parent companies’ sites. The rules also prohibit exclusivity arrangements by which electronic commerce retailers can offer a product on an exclusive basis.
The only exceptions for FDI in inventory-based electronic commerce are for food-product retailing and single-brand retailers that meet certain conditions, including the operation of physical stores in India. According to Section 5.2.15.3 of the Consolidated FDI Policy Circular of 2020, retail trading through e-commerce can also be undertaken before opening physical stores, subject to the entity opening physical stores within two years from the start of online retail. Overall, it is reported that these narrow exceptions limit the ability of many electronic commerce service suppliers to serve the Indian market.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20220927051701/https://dpiit.gov.in/sites/default/files/FDI_Circular_2016(1).pdf
- https://web.archive.org/web/20230131002741/https://dpiit.gov.in/sites/default/files/FDI-PolicyCircular-2020-29October2020_0.pdf
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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INDIA
Since April 2013
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Law No. 18 of 2013 on the New Companies Act
According to Section 2 of the Companies Act of 2013, foreign companies relating to B2B, B2C e-commerce, data interchange and other digital supply transactions, web-based marketing, database services, online services such as telemarketing, telecommuting, telemedicine, education and information research and all related data communication services, even when not incorporated in India, should register in India when they are engaged in business in the country.
Coverage Digital services
INDIA
Since October 2011
Since April 2018
Since August 2014
Since April 2018
Since August 2014
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Reserve Bank of India Processing and Settlement of Export related receipts facilitated by Online Payment Gateways – Enhancement of the Value of Transaction
Storage of Payment System Data Directive
Reserve Bank of India Notification on Security Issues and Risk mitigation measures related to Card Not Present (CNP) transactions
Storage of Payment System Data Directive
Reserve Bank of India Notification on Security Issues and Risk mitigation measures related to Card Not Present (CNP) transactions
According to Art. 2 of the Processing and Settlement of Export-related receipts facilitated by Online Payment Gateways from 2011, the Reserve Bank of India restricts export-related payments for goods and services through online payment gateways. It is reported that PayPal had to limit payments for export-related payments above 500 USD. From July 2013, this limit has been increased to USD 10,000.
In addition, according to Section 2 of the Storage of Payment System Data Directive, all payment data held by payment companies should be held in local facilities. Furthermore, according to section 5 of the directive, data must be stored only in India after processing and should be deleted from systems abroad and brought back to India no later than 24 hours after processing. Any subsequent activity, such as settlement processing after payment processing done outside India, must be undertaken on a real-time basis, pursuant to which the data must be stored only in India. However, The RBI has clarified that banks, especially foreign banks, can continue to store banking data abroad but in respect to domestic payment transactions, the data must be stored only in India.
Following a negative response from international payment companies such as MasterCard, Visa, and American Express, the RBI has proposed (in "Frequently Asked Questions" of its website) to ease this restriction so as to allow payment firms to store data offshore as long as a copy was kept in India. The RBI has further clarified that for cross-border transaction data consisting of a foreign component and a domestic component, a copy of the domestic component may be stored abroad if required.
In addition, according to Section 2 of the Storage of Payment System Data Directive, all payment data held by payment companies should be held in local facilities. Furthermore, according to section 5 of the directive, data must be stored only in India after processing and should be deleted from systems abroad and brought back to India no later than 24 hours after processing. Any subsequent activity, such as settlement processing after payment processing done outside India, must be undertaken on a real-time basis, pursuant to which the data must be stored only in India. However, The RBI has clarified that banks, especially foreign banks, can continue to store banking data abroad but in respect to domestic payment transactions, the data must be stored only in India.
Following a negative response from international payment companies such as MasterCard, Visa, and American Express, the RBI has proposed (in "Frequently Asked Questions" of its website) to ease this restriction so as to allow payment firms to store data offshore as long as a copy was kept in India. The RBI has further clarified that for cross-border transaction data consisting of a foreign component and a domestic component, a copy of the domestic component may be stored abroad if required.
Coverage Financial sector
Sources
- https://web.archive.org/web/20230805235033/https://ustr.gov/sites/default/files/2014%20NTE%20Report%20on%20FTB.pdf
- https://web.archive.org/web/20220930071009/https://dot.gov.in/sites/default/files/itbill2000_0.pdf
- https://web.archive.org/web/20221209090313/http://techcrunch.com/2014/08/25/new-restrictions-on-online-billing-in-india-may-impact-international-e-commerce-companies/
- https://web.archive.org/web/20190406093244/http://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/1996Model_status.html
- https://web.archive.org/web/20190204205004/http://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/2001Model_status.html
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INDIA
Since March 2021
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
NPCI Notification: Standard Operating Procedure (SOP) – Market Share Cap for Third Party Application Providers (TPAP), NPCI/UPI/SOP-01/2020-21
In accordance with NPCI Notification: NPCI/UPI/SOP-01/2020-21, the National Payments Corporation of India (NPCI), a state-owned entity, introduced a 30% market share cap for foreign electronic payment service providers processing online payments via India’s Unified Payment Interface (UPI), which is owned and operated by NPCI. Foreign digital payment companies were required to comply with this 30% market share limit by January 2023.
Coverage Electronic payment service suppliers
Sources
- https://web.archive.org/web/20210505213737/https://www.npci.org.in/PDF/npci/upi/circular/2021/standard-operating-procedure-sop%E2%80%93market-share-cap-for-third-party-application-providers-tpap.pdf
- https://web.archive.org/web/20240601173405/https://economictimes.indiatimes.com/tech/technology/upi-transactions-scale-14-billion-peak-in-may/articleshow/110625651.cms?from=mdr
- https://web.archive.org/web/20221105171959/https://www.livemint.com/news/india/npci-defines-operating-norms-for-upi-market-cap-11616751545305.html
- https://web.archive.org/web/20240329151539/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
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INDIA
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
India does not implement a de minimis threshold, which refers to the minimum value of goods below which customs do not charge duties. Although the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 refer to "low-value dutiable consignments" as those with an invoice value below INR 100,000 (approx. USD 1,000) for imports (excluding documents, gifts, and samples), the specific de minimis threshold applied in the country remains unclear.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241126023845/https://courier.cbic.gov.in/ECCS/regulation/2022/Updated%20ECCS%20Regulation%20with%20forms.pdf
- https://web.archive.org/web/20240303200229/https://zonos.com/docs/guides/de-minimis-values#de-minimis-values-per-country
- https://web.archive.org/web/20231218203505/https://zhenhub.com/blog/customs-duty-de-minimis-values-by-country-2022/
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