BELIZE
Since August 2010
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Infrastructure Sharing Regulations, 2010
According to Art. 4 of the Infrastructure Sharing Regulations, all licensees shall (i) have a right and, when requested, an obligation to negotiate the sharing of infrastructure and facilities with each other for the purpose of providing public telecommunications services, or for any other purpose deemed to be in the public interest by the Commission; (ii) negotiate in good faith with each other on matters concerning the sharing of infrastructure and facilities; (iii) neither withdraw from nor impair arrangements for the sharing of infrastructure and facilities once already granted, unless authorised to do so by the Commission. Furthermore, pursuant to Art. 7 of the Regulations, a licensee shall provide infrastructure and facilities sharing under the same terms and conditions as that offered to any other licensee.
Coverage Telecommunications sector
BELIZE
Since August 2009
Since August 2002, as amended in November 2011
Since September 1981, as amended in October 2011
Since August 2002, as amended in November 2011
Since September 1981, as amended in October 2011
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009
Telecommunication Act, 2002
Belize Constitution (Eighth Amendment) Act 2011
Telecommunication Act, 2002
Belize Constitution (Eighth Amendment) Act 2011
It is reported that the Government of Belize currently owns 83.6% of the shares, with 34.3% held by the Social Security Board under the Ministry of Finance and 49.3% held by the Ministry of Telecommunications.
In August 2009, the Government of Belize nationalised the British telecom company Telemedia, now known as Belize Telemedia Limited, acquiring 94% of its shares through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009. In June 2011, the Court of Appeal declared the 2009 acquisition legislation unconstitutional, rendering it null and void (Civil Appeal No. 30 of 2010). However, within weeks of the Court's decision, the government enacted the Telecommunications (Amendment) Act 2011 and issued subsidiary orders to reacquire 94% of the shares. The acquisition has also been confirmed with the Belize Constitution (Eighth Amendment) Act 2011.
In August 2009, the Government of Belize nationalised the British telecom company Telemedia, now known as Belize Telemedia Limited, acquiring 94% of its shares through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009. In June 2011, the Court of Appeal declared the 2009 acquisition legislation unconstitutional, rendering it null and void (Civil Appeal No. 30 of 2010). However, within weeks of the Court's decision, the government enacted the Telecommunications (Amendment) Act 2011 and issued subsidiary orders to reacquire 94% of the shares. The acquisition has also been confirmed with the Belize Constitution (Eighth Amendment) Act 2011.
Coverage Belize Telemedia Limited
Sources
- https://www.globaltradealert.org/intervention/12215/fdi-treatment-and-operations-nes/belize-nationalization-of-telemedia
- https://www.livedigi.com/uploaded/Digi/AGM/2022/Annual%20Report%202021-2022.pdf
- https://www.socialsecurity.org.bz/board-of-directors/
- https://www.constituteproject.org/constitution/Belize_2011
- https://sso.agc.gov.sg/Acts-Supp/19-2011/Published/20120120?DocDate=20120120
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BELIZE
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Belize does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation. In addition, according to Art. 30 of the Telecommunications Act, the Public Utilities Commission of Belize may prescribe reasonable accounting procedures in accordance with international accounting and costing standards to determine the cost of operations, which shall be followed and implemented by all public telecommunication service providers.
Coverage Telecommunications sector
BELIZE
Since August 2002
Pillar Telecom infrastructure & competition |
Sub-pillar Licensing restrictions to operate in the telecom market
Telecommunication Act, 2002
According to Art. 16 of the Telecommunications Act, the Public Utilities Commission of Belize (PUC) may consider any element of national interest, policy or security in granting a license. In addition, under Art. 18, the PUC, in granting the license, shall require the licensee, at the request of the Government, to cooperate with the Minister in national security matters. In addition, according to Art. 19, the PUC may suspend, modify, revoke or refuse to renew a license for national security or public interest reasons.
Coverage Telecommunications sector
BELIZE
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)
8.49%
Coverage rate of zero-tariffs on ICT goods (%)
21.8%
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
BARBADOS
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Barbados does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
BARBADOS
Since September 2002, last amended in September 2017
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Telecommunication Act
The registration of the domain ".bb" in Barbados is under the supervision of the Telecommunications Unit. According to Form 52 of the Telecommunication Act, applicants for a ".bb" domain must have a local presence in the country to register a domain name.
Coverage Horizontal
BARBADOS
Since January 2003
Since March 2001, as amended in march 2014
Since March 2001, as amended in march 2014
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act, Cap. 326D
Electronic Transactions Act, Cap. 308B
Electronic Transactions Act, Cap. 308B
The Consumer Protection Act provides a comprehensive framework for consumer protection that also applies to online transactions. Part IV of the Act addresses distance selling, which would include Internet-based commerce. In addition, according to Art. 16 (a), introduced by the amendment of the Electronic Transactions Act of 2014, a person who uses electronic communications to sell goods or services to consumers shall provide accurate and accessible information describing the goods or services, as well as information about the terms, conditions, and costs associated with a transaction.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230602162452/https://www.ftc.gov.bb/library/CAP326D.pdf
- https://web.archive.org/web/20230321075157/https://www.barbadosparliament.com/uploads/bill_resolution/abebbcf80e26815632d4b130d9906644.pdf
- https://unctad.org/system/files/official-document/dtlstict2017d9_en.pdf
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BARBADOS
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention of Electronic Communications
Barbados is not a signatory of the UN Convention of Electronic Communications.
Coverage Horizontal
BARBADOS
Since 2001
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Barbados 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
BARBADOS
Since 2001
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Barbados 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
BARBADOS
Since August 2019, entry into force in March 2021
Pillar Domestic data policies |
Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act 2019
In accordance with Art. 67.1 of the Data Protection Act 2019, a Data Privacy Officer (DPO) must be appointed by both the data controller and data processor in situations where: (i) the processing is conducted by a public authority or body, excluding instances involving a court of competent jurisdiction acting in its judicial capacity; (ii) the fundamental activities of the data controller or data processor encompass processing operations that, due to their nature, scope, and objectives, necessitate regular and systematic monitoring of data subjects on a significant scale; or (iii) the core activities of the data controller or data processor entail large-scale processing of sensitive personal data.
Additionally, Art 69.1 outlines the responsibilities and functions of the DPO, which include: (i) informing and advising the data controller, data processor, and relevant employees about their obligations under the Data Protection Act; (ii) monitoring compliance with the Act and the data controller's or data processor's data protection policies; (iii) providing guidance on data protection impact assessments and overseeing their implementation in line with Art. 65; and (iv) working closely with the Commissioner, serving as the main point of contact for processing-related matters, including prior consultation as mentioned in Art. 66, and offering consultation on other pertinent issues when necessary.
Additionally, Art 69.1 outlines the responsibilities and functions of the DPO, which include: (i) informing and advising the data controller, data processor, and relevant employees about their obligations under the Data Protection Act; (ii) monitoring compliance with the Act and the data controller's or data processor's data protection policies; (iii) providing guidance on data protection impact assessments and overseeing their implementation in line with Art. 65; and (iv) working closely with the Commissioner, serving as the main point of contact for processing-related matters, including prior consultation as mentioned in Art. 66, and offering consultation on other pertinent issues when necessary.
Coverage Horizontal
BARBADOS
Since March 2001, last amended in March 2014
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, Chapter 308B
Chapter 308B of the Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Section 24, there is no intermediary liability for information within electronic records they handle if: (i) they did not create the record; (ii) they have no actual knowledge that the information could lead to legal liability; and (iii) they are not aware of any facts indicating that the information could reasonably result in legal liability.
Coverage Internet intermediaries
BARBADOS
Since March 2001, last amended in March 2014
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, Chapter 308B
Chapter 308B of the Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringement. According to Section 24, there is no intermediary liability for information within electronic records they handle if: (i) they did not create the record; (ii) they have no actual knowledge that the information could lead to legal liability; and (iii) they are not aware of any facts indicating that the information could reasonably result in legal liability.
Coverage Internet intermediaries
BARBADOS
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM registration
It is reported that Barbados 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.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20210114165547/https://gisbarbados.gov.bb/download/data-protection-act-2019/
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