Database

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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

BARBADOS

Since September 2019, entry into force in December 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Barbados has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

BARBADOS

Since September 2019, entry into force in December 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Barbados has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

BARBADOS

Since February 2001

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Barbados lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. The Protection Against Unfair Competition Act, under Art. 8.2, governs the treatment of "secret information". According to this article, information is deemed secret if it meets the following criteria: (i) it is not generally known among, or easily accessible to, individuals who would typically possess knowledge of or access to such information, considering both its overall structure and specific components. (ii) it holds commercial value due to its confidential nature, and (iii) the rightful owner has taken reasonable measures under the given circumstances to maintain its secrecy.
Coverage Horizontal

BARBADOS

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

BARBADOS

Reported in 2007, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator 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  |  Indicator 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  |  Indicator Signature of the 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

Reported in 2014, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator 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

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Barbados is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

BARBADOS

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Barbados is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

BARBADOS

Reported in 2007, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
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

Since August 2001, last amended in February 2006

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patent Act, Chapter 314
According to Art 17.5 of the Patent Act, an applicant (both foreigner and local) for a patent must be represented by a patent agent in Barbados. In addition, it is reported that to be a patent agent in Barbados, it is mandatory to be an attorney-at-law licensed and registered with the Corporate Affairs and Intellectual Property Office.
Coverage Horizontal

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