BARBADOS
N/A
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
General and certification requirements for licensed and licence-exempt radio apparatus used for radiocommunication
According to the "General and certification requirements for licensed and license-exempt radio apparatus used for radio communication, " all transmitting devices must be type-approved before sale in the country. The following documentation is required when submitting a request for type approval: the test reports, the name of the device, the name and address of the applicant & manufacturer, the model number, the certification from a recognised standards body FCC, ETSI or ICC, pictures of the device/component, and the device Manual. This process usually takes 3–5 business days, depending on the backlog of approvals and whether all the information has been submitted.
Coverage Electronic products
BARBADOS
Reported in 2007, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Maximum foreign equity shares in the telecommunications sector
It is reported that at least 25% of the equity in a telecommunications carrier must be held by Barbadian natural or legal persons. Furthermore, it is indicated that the authorities have noted that mobile virtual network operators (MVNOs) are also subject to the same ownership structure requirement.
Coverage Telecommunications sector, including mobile virtual network operators
BARBADOS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
Barbados mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
BARBADOS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Barbados has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BARBADOS
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Unit, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
BARBADOS
Since January 1969, last amended in May 2020
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Income Tax Act 1969
Under Section 75.1 of the Income Tax Act 1969, every person carrying on business and every person who is or may be required by the Act to collect or pay a tax or other amount shall keep records and books of account, including an annual inventory, in Barbados, in such form and containing such information as will enable the taxes payable under the Act or the taxes or other amounts that should have been deducted, withheld or collected to be determined.
Coverage Horizontal
Sources
- http://barbadosparliament-laws.com/en/showdoc/cs/73/ga:l_iii-gb:l_ab#anchorga:l_iii-gb:l_ab
- https://web.archive.org/web/20240619073844/http://admin.theiguides.org/Media/Documents/Income%20Tax%20Act,%20CAP%2073.pdf
- https://web.archive.org/web/20220302161332/https://www.barbadosparliament.com/uploads/sittings/attachments/90164536482579ad6261aedd1c0cbc4f.pdf
- Show more...
BARBADOS
Since January 1985, last amended in May 2019
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Companies Act 1982
Section 170 of the Companies Act 1982 lists a series of registers and records that must be maintained at a company's registered office or at some other place in Barbados designated by the directors of the company, including minutes of meetings and resolutions of shareholders, the name and latest known address of shareholders, and a register showing the name and latest known address of each person to whom privileges, options or rights have been granted. In addition, under Section 172 of the Companies Act, adequate accounting records and records containing minutes of meetings and resolutions of the directors and any committees of the directors shall be kept at the registered office of the company or at some other place in Barbados designated by the directors. Furthermore, according to Section 172.3, when any accounting records of a company are kept at a place outside Barbados, accounting records that are adequate to enable the directors to ascertain the financial position of the company with reasonable accuracy on a quarterly basis must be kept at the company's registered office or at some other place in Barbados designated by the directors.
Coverage Horizontal
BARBADOS
Since December 1995, last amended in 2007
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
International Trusts Act 1995
Under Section 13.1.b of the International Trusts Act 1995, a trustee of an international trust created under Section 10 shall keep in Barbados a register in which the following information is set out: the name of the settlor, a summary of the purposes of the trust, the name of the protector of the trust, and such documents as are necessary to show the true financial position of the trust.
Coverage Horizontal
BARBADOS
Since August 2019, entry into force in March 2021
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Data Protection Act 2019
According to Art. 22 of the Data Protection Act 2019, personal data shall not be transferred to a country or territory outside Barbados unless that country or territory provides for: (i) an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of their personal data; and (ii) appropriate safeguards on condition that the rights of the data subject are enforceable and there are available, effective legal remedies for data subjects.
Coverage Horizontal
BARBADOS
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Barbados has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
BARBADOS
Since August 2019, entry into force in March 2021
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Data Protection Act 2019
The Data Protection Act 2019 of Barbados provides a comprehensive regime of data protection in the country.
Coverage Horizontal
BARBADOS
Since August 1998
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Act, Chapter 300
Barbados 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. According to Art. 53 of the Copyright Act, the concept of fair dealing is regulated as a general exception within the law, subject to particular conditions including: (i) the nature of the work in question; (ii) the extent and proportion of that part of the work affected by the act in relation to the whole of the work; (iii) the purpose and character of use; and (iv) the effect of the act upon the potential market for, or the commercial value, of the work. Moreover, Arts. 51 and 52 further clarify that there are exceptions to copyright regulation in Barbados, including the use for research, private study, and criticism, among others.
Coverage Horizontal
BARBADOS
Since August 2019, entry into force in March 2021
Pillar Domestic data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act 2019
According to Art. 65.1 of the Data Protection Act 2019, the data controller must conduct an assessment of the potential impact of the proposed processing operations on the safeguarding of personal data. This is applicable when a specific form of processing, particularly one utilising emerging technologies, is anticipated to potentially pose a significant risk to the rights and freedoms of an individual. The assessment takes into consideration the characteristics of the processing, including its nature, scope, context, and purposes.
Coverage Horizontal
BARBADOS
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that in Barbados the lack of enforcement of intellectual property judgments, inadequate enforcement resources, poor implementation of existing legislation, and long-standing backlogs in the judicial system continue to be of concern.
Unauthorised retransmission of cable broadcasts and programming by local cable operators in Barbados, particularly state-owned broadcasters, is reported to be a problem. Several pending copyright infringement cases brought by interested parties against local cable operators and a local radio station remained virtually stalled in 2022.
Unauthorised retransmission of cable broadcasts and programming by local cable operators in Barbados, particularly state-owned broadcasters, is reported to be a problem. Several pending copyright infringement cases brought by interested parties against local cable operators and a local radio station remained virtually stalled in 2022.
Coverage Horizontal
BARBADOS
Since August 2019, entry into force in March 2021
Pillar Domestic data policies |
Sub-pillar Requirement to perform an 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