Database

Browse Database

JAMAICA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Lack of self-declaration of conformity (SDoC)
It is reported that market approval for products using radio technologies in Jamaica is granted by the Spectrum Management Authority (SMA). The SMA certification is a national certification scheme based on the specifications of the Conformité Européenne (CE) marking, the Radio Equipment Directive (RED), and the Federal Communications Commission (FCC) certification. However, it is reported that, in Jamaica, typically one sample of the product is required for approval requests.
Tests and certificates issued for CE marking and FCC certification can be reused for SMA certification. Type approval for Radio Communication equipment in Jamaica is obtained through the recognition of type approval test reports prepared in accordance with 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

JAMAICA

Since May 2014, as amended in April 2024

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
According to the Jamaica Customs Agency official website, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

JAMAICA

Since April 2007, last amended in March 2023
Since June 2005, last amended in March 2019

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
The Electronic Transactions Act

The Consumer Protection Act
The Electronic Transactions Act and the Consumer Protection Act provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

JAMAICA

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
Jamaica has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

JAMAICA

Since 2000

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Jamaica has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

JAMAICA

Since 2006

Pillar Online sales and transactions  |  Indicator 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 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

Since June 2020, entry into force in December 2023

Pillar Domestic data policies  |  Indicator 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, specific 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 designated by the Commissioner as requiring a DPO.
Coverage Horizontal

JAMAICA

Since April 2007, last amended in March 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
The Electronic Transactions Act
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.
Coverage Internet intermediaries

JAMAICA

Since April 2007, last amended in March 2023

Pillar Intermediary liability  |  Indicator 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.
Coverage Internet intermediaries

JAMAICA

Reported in 2021, last reported in 2025

Pillar Intermediary liability  |  Indicator 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

JAMAICA

Since March 2000, last amended in May 2012

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
The Telecommunications Act, 2000
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.
Coverage Telecom equipment

JAMAICA

Since July 2018, last amended in July 2025
Since September 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement Regulations, 2018

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 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%.
Coverage Horizontal

Report issue     Report new measure