Database

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JAMAICA

Since June 2020, entry into force in December 2023

Pillar Cross-border data policies  |  Indicator 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.
Coverage Horizontal

JAMAICA

N/A

Pillar Cross-border data policies  |  Indicator 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

JAMAICA

Reported in 2022, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Complaints about public procurement
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.
Coverage Horizontal

JAMAICA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the 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  |  Indicator Maximum foreign equity share
The Companies Act
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.
Coverage Horizontal

JAMAICA

Since February 2020, entry into force in February 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patents and Designs Act, 2020 (Act No. 1 of 2020)
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.
Coverage Horizontal

JAMAICA

Since February 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Jamaica is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

JAMAICA

Since September 1993, last amended in December 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
The Copyright Act, 1993
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)  |  Indicator Adoption of the 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)  |  Indicator Adoption of the WIPO Performances and Phonograms 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)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
Jamaica does not have a comprehensive framework for protecting trade secrets, but common law principles and contractual arrangements reportedly do so.
Coverage Horizontal

JAMAICA

Since March 2000, as amended in May 2012
Since December 2022

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
The Telecommunications Act, 2000

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 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.
Coverage Telecommunications sector

JAMAICA

N/A

Pillar Telecom infrastructure & competition  |  Indicator 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 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”.
Coverage Telecommunications sector

JAMAICA

Since April 1997

Pillar Telecom infrastructure & competition  |  Indicator Signature of the 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

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