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

Bahamas has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Bahamas has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

According to Art. 7 of the Payment Instruments Regulation, a payment institution can only issue payment instruments in Bahamian dollars and issue a payment up to BSD 15,000 (approx. 15,000 USD). According to Art. 2, a payment instrument is any tangible or intangible instrument that enables a person to obtain money, goods, or services or otherwise make a payment or transfer money. As a result, this regulation also affects online payments.

Under Art. 17 of the Data Protection (Privacy of Personal Information) Act 2003 and the Data Protection Commissioners Guidelines, data transfers are permitted where: (i) an adequate level of protection is afforded by a contract; (ii) the transfer is required or authorised by or under any enactment, or required by any convention or other instrument imposing an international obligation on the Bahamas; (iii) the transfer is made under the consent (express or implied) of the data subject; (iv) the transfer is necessary for the performance of a contract between the data controller and the data subject; among other conditions.

The Bahamas has not joined any agreement with binding commitments to open transfers of data across borders.

The Data Protection (Privacy of Personal Information) Act 2003 provides a comprehensive regime of data protection in the Bahamas. The Act addresses specific elements of data protection, including: rights of access and deletion (Art. 8); establishment of the data protection authority (Art. 15); data transfers (Art. 17); among others.

According to Art. 13 of the Data Protection (Privacy of Personal Information) Act 2003, personal data can be disclosed under certain circumstances, including without a court order. In particular, the disclosure can be: (i) required by or under any enactment or by a rule of law or order of a court; (ii) required in the interests of protecting the international relations of The Bahamas; (iii) required for safeguarding the security of The Bahamas in the opinion of the Minister or the Minister of National Security; (iv) required for preventing, detecting or investigating offences, apprehending or prosecuting offenders or assessing or collecting any tax, duty or other amounts of money owed or payable to the Government, statutory corporation, public body, or a local authority, in any case in which the application of those restrictions would be likely to prejudice any of the matters aforesaid; among others.

The Electronic Transactions Act of 2003 establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 19 of the Act, an intermediary shall not be subject to any civil or criminal liability in respect of third-party information contained in an electronic communication for which such intermediary is only providing access and it: (i) has no actual knowledge that the information gives rise to civil or criminal liability; (ii) is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; (iii) follows the takedown procedure set out in section 20 when acquires knowledge that the information gives rise to civil or criminal liability or becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known.

The Electronic Transactions Act of 2003 establishes a safe harbour regime for intermediaries beyond copyright infringement. According to Art. 19 of the Act, an intermediary shall not be subject to any civil or criminal liability in respect of third-party information contained in an electronic communication for which such intermediary is only providing access and it: (i) has no actual knowledge that the information gives rise to civil or criminal liability; (ii)is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; (iii) follows the takedown procedure set out in section 20 when acquires knowledge that the information gives rise to civil or criminal liability or becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known.

It is reported that The Bahamas 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.

Under the Business Licenses Act of 2023, which repeals the 2010 Act, a license is required to conduct business in The Bahamas. The Financial Secretary can issue three types of licenses: annual, temporary, and occasional (Art. 11). Pursuant to Art. 12, any person wishing to engage in a business activity must apply to the Secretary for an annual business license. In addition, under Art. 13, a foreign person contracting to engage in a temporary business activity must apply for a temporary license prior to the commencement of such contract and must pay a tax of 1.5% of the value of the contract. For commercial sales, an occasional license can be granted by the Registrar upon application and fee payment (Art. 14). However, foreign applicants need the Minister of Finance's approval for any license (Art. 21).

It is reported that in The Bahamas, several business sectors have been reserved for Bahamian nationals. Therefore, foreigners cannot invest, although there are cases in which the National Economic Council (NEC) has made exceptions. This applies also to agencies engaged in import or export.

The Utilities Regulation and Competition Authority (URCA) is the body responsible under the Communications Act 2009 for the regulation of the electronic communications sector in the Bahamas. According to Art. 2.1 of the Guidelines for the Type Approval of Licence, an application for type approval can be made by any manufacturer/producer, dealer or importer of a low-power device or a duly authorised agent acting on behalf of the manufacturer. According to Art. 2.3 of the Guidelines, the granting of type approval is based on the URCA receipt of a submission containing adequate test reports and other supporting documents demonstrating compliance with the required standards. The type approval device must bear the same model number as the test report, including a declaration of conformity issued by the manufacturer. According to Art. 2.4 a declaration of conformity, issued by the manufacturer of the device on company letterhead or letterhead and signed by an authorised representative of the manufacturer, confirming that the device complies with the relevant standards (e.g. radio, health and safety, EMC, etc.) must be submitted.

According to Art. 2.1 of the Infrastructure Sharing Regulations, upon written request by an infrastructure applicant to an infrastructure provider, the infrastructure applicant shall provide access to its facilities and the infrastructure provider shall not unreasonably refuse or delay such access. In addition, under Art. 2.2, the infrastructure provider shall negotiate in good faith with the infrastructure applicant on matters relating to access to the facilities and, once granted, shall not withdraw or impede such agreed access, except in the following circumstances: (i) where authorised by the Utilities Regulation and Competition Authority (URCA); (ii) under a dispute resolution process under Part 6 of these Regulations; or (iii) by order made by the Public Utilities Appeal Tribunal or a court of law.