SAINT LUCIA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Saint Lucia has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
SAINT LUCIA
Since March 2011, last amended in March 2015
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Data Protection Act
The Data Protection Act provides a comprehensive regime of data protection in St. Lucia.
Coverage Horizontal
SAINT LUCIA
Since March 2011, last amended in March 2015
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Data Protection Act
According to Art. 45 of the Data Protection Act 2011, data shall not be transferred to a country or territory outside Saint Lucia unless the country or territory ensures an adequate level of data protection or the Commissioner has authorized the data controller to transfer the data abroad. Alternatively, personal data can be transferred abroad under certain exceptions, which are listed in Art. 45.2. These include cases in which: (i) the data subject has given consent to the transfer; (ii) the transfer is necessary to safeguard national security; (iii) the matter concerns public security; (iv) the transfer is made on such terms as may be approved by Commissioner as ensuring the adequate safeguards for the protection of the rights of the data subject.
Coverage Horizontal
SAINT LUCIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of an independent telecom authority
It is reported that the 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
Reported in 2022
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Saint Lucia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
SAINT LUCIA
Reported in 2022
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
There is an obligation for passive infrastructure sharing in Saint Lucia to deliver telecom services to end users. However, it is reported that is practiced only in the mobile sector based on commercial agreements.
Coverage Telecommunications sector
SAINT LUCIA
Since February 2001, last amended in December 2015
Since December 2000, entry into force in March 2001, last amended in February 2006
Since December 2000, entry into force in March 2001, last amended in February 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Protection Against Unfair Competition Act No. 01 of 2001
Telecommunications Act No. 27
Telecommunications Act No. 27
The Protection Against Unfair Competition Act provides a framework for effective protection of trade secrets (Art. 8.1-8.5). 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
SAINT LUCIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram 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 March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature 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 August 1996
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
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 May 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar 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
Reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
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
Since October 2015, last amended in November 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Asset Disposal Act, No. 19 of 2015
Public Procurement and Asset Disposal Act, No. 13 of 2020
Public Procurement and Asset Disposal Act, No. 13 of 2020
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 criteria for the selection of the tenderer.
Coverage Horizontal