The Electronic Transactions Act establishes a safe harbour regime for intermediaries for 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 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.

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.

According to Art. 9 of the Telecommunications Act, 2000, no person may sell, trade in or import any prescribed telecom equipment unless they hold a dealer’s licence. Pursuant to Art. 13 of the Act, upon receipt of a recommendation from the Office, the Minister may grant a dealer’s licence authorising the licensee to sell, trade in or import such prescribed telecom equipment.

Jamaica has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.

Jamaica does not have a comprehensive framework for protecting trade secrets, but common law principles and contractual arrangements reportedly do so.

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 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 if the licensee is classified as a dominant public communications carrier or if the infrastructure is funded, in whole or in part, by government funding.

Jamaica does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been 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”.

Jamaica has appended the World Trade organization (WTO) Telecom Reference Paper to its schedule of commitments.

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.

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 give Jamaican bidders a competitive advantage in international public procurement processes.
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%.

Concerns about corruption are particularly pronounced in Jamaica’s public procurement processes. Reported vulnerabilities include limited scrutiny of contract-award procedures and transparency gaps, and the Integrity Commission has issued investigation reports identifying procurement irregularities and conflicts of interest in the award of public contracts. Procurement delays have also been highlighted as a practical constraint on implementation capacity.

Jamaica is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

Under 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.

According to Art. 120 of the Patents and Designs Act, every applicant must provide, and every application must contain, an address for service within Jamaica.