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.

The Bahamas has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

The Bahamas has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

The 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.

The Utilities Regulation and Competition Authority (URCA) is the body responsible under the Communications Act 2009 for the regulation of the electronic communications sector in the Bahamas. According to Art. 2.1 of the Guidelines for the Type Approval of Licence, an application for type approval can be made by any manufacturer/producer, dealer or importer of a low-power device or a duly authorised agent acting on behalf of the manufacturer. According to Art. 2.3 of the Guidelines, the granting of type approval is based on the URCA receipt of a submission containing adequate test reports and other supporting documents demonstrating compliance with the required standards. The type-approval device must bear the same model number as the test report and include a manufacturer's declaration of conformity. According to Art. 2.4 a declaration of conformity, issued by the manufacturer of the device on company letterhead or letterhead and signed by an authorised representative of the manufacturer, confirming that the device complies with the relevant standards (e.g. radio, health and safety, EMC, etc.) must be submitted.

According to Art. 7(2)(a) of the Payment Instruments Regulation, a payment institution can only issue payment instruments in Bahamian dollars and issue a payment up to BSD 15,000 (approx. 15,000 USD). According to Art. 2, a payment instrument is any tangible or intangible instrument that enables a person to obtain money, goods, or services or otherwise make a payment or transfer money. As a result, this regulation also affects online payments.

The Bahamas does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

The Consumer Protection Act and the Electronic Communications and Transactions Act provide a comprehensive consumer protection framework that also applies to online transactions.

Section 42 of the Gaming Act provides that the holder of a restricted interactive gaming licence shall conduct the operations authorised by the licence only from a website located, operated, managed, and maintained in The Bahamas, and approved by the Board. A restricted interactive gaming licence authorises the conduct of interactive gaming transactions between a licence holder and (a) citizens of permitted foreign jurisdictions, and (b) persons located on the licensed premises of the holder of the licence, from a website established, maintained, and operated by the licence holder in The Bahamas.

Under Art. 17 of the Data Protection (Privacy of Personal Information) Act 2003 and the Data Protection Commissioners Guidelines, personal 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 data protection regime 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.