Database

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TRINIDAD AND TOBAGO

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Trinidad and Tobago does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since April 2011, last amended in 2014

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Electronic Transactions Act
The Electronic Transactions Act provides a comprehensive consumer protection framework that also applies to online transactions. Arts. 55-57 of the law establish the minimum information a consumer has to obtain from the provider, which includes the legal name of the provider, means of contact, accurate and accessible information about the good or service, terms and conditions of the payment, a copy of the contract and any details about conditions and policies related to, privacy, withdrawal, termination, return, exchange, cancellation, refunds and electronic authentication. If the above is not provided, the consumer has 30 calendar days to rescind the contract, provided they have not received a material benefit.
Coverage E-commerce sector

TRINIDAD AND TOBAGO

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Trinidad and Tobago has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since April 2011, last amended in July 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 50.1 of the Act, an internet intermediary or telecommunications service provider who simply acts as a conduit for the transmission of data messages, records or information in electronic form is not liable for the content thereof, provided that the intermediary or telecommunications service provider is not aware of criminal intent.
Art. 50.4 states that an intermediary or a telecommunications service provider is not liable under the Copyright Act for either:
- The infringement of copyright in any work or other subject matter in which copyright subsists; or
- The unauthorised use of any public performance, the duration of which the copyright period has not expired.
Coverage Internet intermediaries and telecom service providers

TRINIDAD AND TOBAGO

Since April 2011, last amended in July 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 50.1 of the Act, an internet intermediary or telecommunications service provider who acts as a conduit for the transmission of data messages, records or information in electronic form is not liable for the content thereof, provided that the intermediary or telecommunications service provider is not aware of criminal intent.
Coverage Internet intermediaries and telecom service providers

TRINIDAD AND TOBAGO

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Trinidad and Tobago 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 case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since July 2001, last amended in June 2004
Since February 2008

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Telecommunications Act

The Equipment Certification and Standardisation Framework for the Telecommunications and Broadcasting Sectors in Trinidad and Tobago, February 2008
Section 48 of the Telecommunications Act states that the Telecommunications Authority of Trinidad and Tobago (TATT) is responsible for establishing technical standards and certifying telecommunications and radio communications equipment. TATT has done this through the “Equipment Standardisation and Certification Framework for the Telecommunications and Broadcasting Sectors of Trinidad and Tobago”, published in September 2008. The regulation mandates that telecommunications equipment must be certified by submitting an application to the TATT using the "Equipment Certification Application Form". Within the documents and information to be provided, applicants include the International Standardisation certification (FCC, Industry Canada, DoC). Therefore, Trinidad and Tobago recognises international and third-party certifications, but they are merely supporting documents to the application and do not exempt the supplier of a product from applying locally.
Self-certification is not permitted in Trinidad and Tobago for either local or foreign businesses, as a Supplier's Declaration of Conformity (SDoC) is not, by itself, an acceptable certification of compliance with standards.
Coverage Telecom equipment

TRINIDAD AND TOBAGO

Since November 2008

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonogram Treaty
Trinidad and Tobago has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since December 1997, last amended in June 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Protection Against Unfair Competition Act
Trinidad and Tobago does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 9 of the Protection Against Unfair Competition Act of 1996 determines that any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by others of secret information without the consent of the person lawfully in control of that information and in a manner contrary to honest commercial practices shall constitute an act of unfair competition. In addition, Art. 9 defines "secret information" as well as setting out what its disclosure may result from, such as industrial or commercial espionage or breach of contract.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since July 2001, as amended in June 2004
Since August 2006, last amended in 2009

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Telecommunications Act

Telecommunications (Access to Facilities) Regulations
There is an obligation for passive infrastructure sharing in Trinidad and Tobago to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements. Passive sharing of telecom infrastructure is mandated under Art. 26.1 of the Telecommunications Act of 2001, which was amended in 2004 to include this provision. The document titled Telecommunications (Access to Facilities) Regulations details the regulations for licensees of telecommunications services to negotiate in good faith in order to share the use of their facilities.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since January 1970

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Telecommunications Services of Trinidad and Tobago Limited (TSTT) is a joint venture between National Enterprises Limited (NEL), a majority state-owned investment holding company, and Cable & Wireless (West Indies) Limited (C&W). NEL holds 51% of TSTT issued share capital, while C&W owns the remaining 49%. TSTT provides communications solutions marketed under the bmobile brand, including mobile and fixed-line services and broadband internet access.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since January 2015

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Telecommunications
(Accounting Separation) Regulations, 2015
Trinidad and Tobago mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Under Art. 3 of the Telecommunications (Accounting Separation) Regulations, any concessionaire that provides two or more services must prepare, maintain, and submit to the Authority, within three months of the end of its financial year, separated accounts in accordance with the applicable separated accounts templates set out in the Schedule. The clause mandating functional separation has not been identified in the legal texts.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since April 1997

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Trinidad and Tobago has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since July 2001, as amended in July 2004

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Telecommunications Act 2001
The Telecommunications Authority of Trinidad and Tobago (TATT), established in July 2004 through an amendment to the Telecommunications Act, 2001, serves as the national authority responsible for the supervision and administration of telecommunications services. It is reported that the Authority operates independently of the government in its decision-making.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

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 across borders
Trinidad and Tobago has not taken any binding commitments on open transfers of cross-border data flow. The only agreement in place regarding data flows across borders is the 2008 "Economic Partnership Agreement (EPA) between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part", a free trade and development agreement between the EU and the CARIFORUM states, including Trinidad and Tobago. Pursuant to the Art. 107, the Parties agree to permit a financial service supplier of the other party to transfer information in and out of their territory if the processing of data is required for the ordinary course of business. Moreover, in Art. 199, the Parties agree that the legal and regulatory regimes and administrative capacity to be established shall, at a minimum, include the content principle of restrictions on onward transfers, which means that data can only be transferred when the recipient is also subject to rules affording an adequate level of protection.
Coverage Horizontal

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