Database

Browse Database

BARBADOS

Since 2001

Pillar Online sales and transactions  |  Indicator 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  |  Indicator 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  |  Indicator 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.
Coverage Horizontal

BARBADOS

Since March 2001, last amended in March 2014

Pillar Intermediary liability  |  Indicator 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  |  Indicator 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  |  Indicator 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

BARBADOS

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator 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

Since December 1995, last amended in 2007

Pillar Cross-border data policies  |  Indicator 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  |  Indicator 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  |  Indicator 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 March 1985

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Barbados is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BARBADOS

Since August 2019, entry into force in March 2021

Pillar Domestic data policies  |  Indicator 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)  |  Indicator 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  |  Indicator Requirement to perform a Data Protection 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)  |  Indicator 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.
Coverage Horizontal

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