Database

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SAINT LUCIA

Since March 2011, last amended in March 2015

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Data Protection Act
According to Section 47 of the Data Protection Act, any individual or company that seeks to collect, transfer, or process personal data must have a certification as a data controller. The data controller is the representative in charge of processing personal data and must make an application for registration to the Commissioner. The Commissioner can reject the license if it reasonably believes that (a) the particulars proposed for inclusion in an entry in the register are insufficient or any other information required by the Commissioner either has not been furnished or is insufficient; (b) appropriate safeguards for the protection of the privacy of the data subjects concerned are not being, or will not continue to be, provided by the data controller; or (c) the person applying for registration is not fit and proper in the determination of the Commissioner.
Coverage Horizontal

SAINT LUCIA

Reported in 2022, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Ban of foreign investment
There are reportedly 21 investment areas, including trading imports, that are designated exclusively for Saint Lucian nationals. However, authorities have observed that this restriction is not consistently enforced. Exemptions have been reported for substantial investments or when local investors either lack business interest or do not possess the necessary technology.
Coverage Import for the purpose of trading

SAINT LUCIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Saint Lucia has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

SAINT LUCIA

Reported in 2022, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the National Telecommunications Regulatory Commission, 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

SAINT LUCIA

Since November 2016, as amended in December 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Public Procurement and Asset Disposal Act, Cap 15.10
According to Art. 57 of the Public Procurement and Asset Disposal Act, regional or international open competitive tendering is only allowed in cases where sufficient competition does not exist in Saint Lucia and only above SDR 155,000 (approx. USD 241,000) for contracting goods and services (Schedule 3).
Coverage Horizontal

SAINT LUCIA

Since November 2016, as amended in December 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement and Asset Disposal Act, Cap 15.10
According to Art. 47 (e) of the Public Procurement and Asset Disposal Act, in instances of regional or international competitive tendering, the percentage of participation by nationals among key staff in the execution of the public procurement is taken into account as a criterion for the selection of the tenderer.
Coverage Horizontal

SAINT LUCIA

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)
Saint Lucia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

SAINT LUCIA

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Ban of foreign investment
There are reportedly 21 investment areas, including trading imports, that are designated exclusively for Saint Lucian nationals. However, authorities have observed that this restriction is not consistently enforced. Exemptions have been reported for substantial investments or when local investors either lack business interest or do not possess the necessary technology.
Coverage Import for the purpose of trading

SAINT LUCIA

Reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Screening regime on FDI
It is reported that foreign investment projects in Saint Lucia require prior government approval. Non-CARICOM companies seeking to conduct business in Saint Lucia with an ownership stake exceeding 49% are required to obtain a trade licence from the Ministry of Commerce, Manufacturing, Business Development, Cooperatives and Consumer Affairs or through Invest Saint Lucia (ISL). As also stated in Arts. 5 and 6 of the 1985 Trade Licences Act, licence applications are examined by the Trade Licence Advisory Board, which submits a recommendation to the Minister, who takes the final decision.
Coverage Horizontal

SAINT LUCIA

Reported in 2014, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Lack of patent application
It is reported that the Patents Act, No. 16 of 2001 has not yet entered into force, as the implementing regulations have not been brought into effect. As a result, in practice, patents are not granted domestically. However, patent protection may be secured through the registration or extension of granted United Kingdom patents under the Commercial Code (Part I, Patents, Art. 660A and related provisions).
Coverage Horizontal

SAINT LUCIA

Since August 1996

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

SAINT LUCIA

Since October 1996, last amended in July 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Act No. 10 of 1995
The Copyright Act 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. 55–57 lists the exceptions, which include research, private study, criticism, or review. In those cases where the purpose is unclear, the court is responsible for determining fair dealing.
Coverage Horizontal

SAINT LUCIA

Since March 2002

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

SAINT LUCIA

Since May 2002

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

SAINT LUCIA

Since February 2001, last amended in December 2015
Since November 2000, entry into force in March 2001, last amended in February 2006

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Protection Against Unfair Competition Act No. 01 of 2001

Telecommunications Act - Act No. 27 of 2000
The Protection Against Unfair Competition Act provides a comprehensive framework for the effective protection of trade secrets (Arts. 8-9). In addition, Art. 13 (g) of the Telecommunications Act mandates that records of trade secrets not be made available to the public for inspection.
Coverage Horizontal

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