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.

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.

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.

The Bahamas 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. Part VII of the Copyright Act lists the exceptions, which include: research, private study, and criticism, among others.

The Bahamas has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

The Bahamas has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.