Jamaica has a safe harbour regime in place for intermediaries for any activity other than copyright infringement. According to Art. 25 of The Electronic Transactions Act, an intermediary shall not be held liable in any civil or criminal proceedings for any information contained in an electronic document in respect of which the intermediary provides services if:
- the intermediary is not the originator of the document;
- it has no actual knowledge of the act or omission that gives rise to the civil or criminal liability, as the case may be, in respect of the document; and
- it has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.

It is reported that Jamaica imposes 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, to activate a new prepaid SIM card.

According to Art. 45 of The Data Protection Act, a data controller shall submit to the Commissioner a data protection impact assessment (DPIA) in respect of all personal data in the custody or control of the data controller. The data protection impact assessment form shall require at least the following information:
- Detailed description of the envisaged processing of the personal data and the purposes of the processing, specifying, where applicable, the legitimate interest pursued by the data controller;
- Assessment of the necessity and proportionality of the processing operations in relation to the purposes;
- Assessment of the risks to the rights and freedoms, of data subjects;
- Measures envisaged addressing the risks, including safeguards, security measures, and mechanisms to protect personal data and demonstrate compliance with the Act.
In addition, certain categories of data controllers are required to appoint a data protection officer (DPO' under the Act. These categories include: data controllers who are public authorities; data controllers who process or intend to process sensitive personal data or data relating to criminal convictions; data controllers who process personal data on a large scale; and data controllers that are designated by the Commissioner as requiring a DPO.

Jamaica has not joined any free trade agreement committing to open transfers of cross-border data flows.

The Data Protection Act provides a comprehensive regime of data protection.

According to Section 1 of Art. 31 of The Data Protection Act, personal data shall not be transferred to a State or territory outside of Jamaica unless that State or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. However, according to Section 3 of Art. 31, the aforementioned condition is not necessary for a transfer that falls within any of the cases specified in subsection 4, including:
- The interested individual consents to the transfer;
- The transfer is necessary for the performance of a contract between the data subject and the data processor;
- The transfer is necessary for reasons of substantial public interest;
- The transfer is necessary for the purpose of, or in connection with, any legal proceedings (including possible legal proceedings);
- The transfer is necessary to protect the vital interests of the data subject;
- The transfer is made on terms that are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects;
- The Commissioner has authorized the transfer to be made in a manner that ensures adequate safeguards for the rights and freedoms of data subjects;
- The transfer is necessary for the purposes of national security or the prevention, detection, or investigation of criminal offenses.

Jamaica has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Office of Utilities Regulation, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Jamaica does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2000. Section 30 of The Telecommunications Act makes it obligatory for each dominant public telecommunications carrier to “keep separate accounts in such form and containing such particulars as will enable the Office to assess whether that carrier provides interconnection services in accordance with the principles specified” at paragraph 1.4. A more general provision is set out in Section 4(5), which provides for the Office to “make rules prescribing the system of regulatory accounts to be kept by a dominant carrier or service provider”.

It is reported that infrastructure sharing in the mobile sector is not mandated in Jamaica, but it is practiced based on commercial agreements. In addition, infrastructure sharing in the fixed sector is not mandated nor practiced.

Jamaica does not have a comprehensive framework in place that provides effective protection of trade secrets, but it is reported that trade secrets are protected by common law principles and through contractual arrangements.

Jamaica has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.

Jamaica has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Jamaica 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. Art. 52 of The Copyright Act provides that the fair dealing of literary, dramatic, musical or artistic works for the purposes of research or private study does not infringe copyright in the work or, in the case of a published edition, in the typographical arrangement.

Copyright is not adequately enforced online in the Jamaica. There are complaints about the high levels of piracy in digital content, unauthorized programming by cable operators, unlicensed retransmission of audiovisual content, and failure to compensate for performing rights.