SAINT LUCIA
Since March 2011, last amended in May 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act No. 16 of 2011
The Electronic Transactions Act 2011 establishes a safe harbour regime for intermediaries beyond copyright infringements. Pursuant to Art. 47, an intermediary or an internet service provider who provides a conduit is not liable for the content of electronic records that indicate a likelihood of civil or criminal liability if the intermediary or internet service provider: (i) had no actual knowledge of such information; or (ii) on acquiring actual knowledge or becoming aware of such facts, followed the takedown procedures required by the Regulations as soon as possible.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230425091546/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc040en.pdf
- https://web.archive.org/web/20220321091316/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/lc/lc002en.pdf
- https://web.archive.org/web/20231103120743/https://caricom.org/documents/4906-revised_treaty-text.pdf
- https://web.archive.org/web/20260216131550/https://attorneygeneralchambers.com/laws-of-saint-lucia/electronic-transaction-act/act
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SAINT LUCIA
Reported in 2021, last reported in 2025
Pillar Intermediary liability |
Indicator User identity requirement
User identity requirement for SIM registration
It is reported that Saint Lucia imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in the case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20251119044817/https://www.phonetravelwiz.com/buying-a-sim-card-in-saint-lucia-guide/
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
Sources
- https://web.archive.org/web/20231130212847/https://attorneygeneralchambers.com/laws-of-saint-lucia/data-protection-act
- https://web.archive.org/web/20230425080819/https://www.dataguidance.com/sites/default/files/act_11_of_2011.pdf
- https://web.archive.org/web/20240803021228/https://www.dataguidance.com/sites/default/files/act_2_of_2015.pdf
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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
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
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
SAINT LUCIA
Since November 2000, entry into force in March 2001, last amended in February 2006
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Act - Act No. 27 of 2000
Sections 49 and 50 of the Telecommunications Act mandate the sharing of passive infrastructure in Saint Lucia.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240519112331/https://www.ntrcslu.lc/wp-content/uploads/2021/08/Telecommunications-Act-2000.pdf
- https://datahub.itu.int/data/?i=100014&e=LCA
- https://web.archive.org/web/20241119181509/https://www.ectel.int/wp-content/uploads/2023/11/Telecommunications-Act-Chapter-8.11-SLU.pdf
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SAINT LUCIA
Reported in 2022, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator 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
Sources
- https://datahub.itu.int/data/?i=100047&s=8421&e=LCA
- https://web.archive.org/web/20241119181509/https://www.ectel.int/wp-content/uploads/2023/11/Telecommunications-Act-Chapter-8.11-SLU.pdf
- https://web.archive.org/web/20221101074011/https://www.ectel.int/legislation/saint-lucia/
- https://www.ectel.int/wp-content/uploads/2016/12/ECTEL-Public-Consultation-on-new-Regulatory-Instruments-Feb-2016.pdf
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SAINT LUCIA
Since April 2001
Since December 2008
Since October 2002
Since December 2008
Since October 2002
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Statutory Instrument, 2002 No. 12 - Telecommunications (Private Networking Licensing) Regulations
Telecommunications (Licensing and authorisation) Regulations
Statutory Instrument, 2002 No. 96 - Telecommunications (Fees) Regulations
Telecommunications (Licensing and authorisation) Regulations
Statutory Instrument, 2002 No. 96 - Telecommunications (Fees) Regulations
The licensing regime in the telecom sector is regulated by the Telecommunications (Private Networking Licensing) Regulations and the Telecommunications (Licensing and authorisation) Regulations.
According to Art. 14 of the Telecommunications (Licensing and Authorisation) Regulations, when it is proposed to limit the number of licenses for the operation of a certain type of telecommunications network or the provision of a certain type of telecommunications service, the Commission, upon the recommendation of Eastern Caribbean Telecommunications Authority (ECTEL), shall publish a consultative document containing the reasons for the proposed limitation.
According to Arts. 4 and 5 of the Telecommunications (Fees) Regulations, individual and class licenses are subject to a non-refundable application fee, a one-time initial fee (upon approval of the application), and an annual license fee expressed either as a percentage of the licensee's gross revenue or a fixed amount; for fixed-line, mobile, and Internet service providers, these fees are XCD 1,000 (USD 370), XCD 20,000 (USD 7,400), and 3% of annual gross revenue, respectively.
According to Art. 14 of the Telecommunications (Licensing and Authorisation) Regulations, when it is proposed to limit the number of licenses for the operation of a certain type of telecommunications network or the provision of a certain type of telecommunications service, the Commission, upon the recommendation of Eastern Caribbean Telecommunications Authority (ECTEL), shall publish a consultative document containing the reasons for the proposed limitation.
According to Arts. 4 and 5 of the Telecommunications (Fees) Regulations, individual and class licenses are subject to a non-refundable application fee, a one-time initial fee (upon approval of the application), and an annual license fee expressed either as a percentage of the licensee's gross revenue or a fixed amount; for fixed-line, mobile, and Internet service providers, these fees are XCD 1,000 (USD 370), XCD 20,000 (USD 7,400), and 3% of annual gross revenue, respectively.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221103170939/https://www.ectel.int/wp-content/uploads/2015/12/SLU-sro-12-2002-private-network-licensing.pdf
- https://web.archive.org/web/20221103161151/https://www.ectel.int/wp-content/uploads/2015/12/SLU-sro-60-2014-fees.pdf
- https://web.archive.org/web/20241119181509/https://www.ectel.int/wp-content/uploads/2023/11/Telecommunications-Act-Chapter-8.11-SLU.pdf
- https://web.archive.org/web/20221103162037/https://www.ectel.int/wp-content/uploads/2015/12/SLU-sro-121-2008-licensing-authorisation.pdf
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SAINT LUCIA
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 the ITA Expansion Agreement (ITA II)
Saint Lucia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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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
Sources
- https://web.archive.org/web/20220628114930/https://www.finance.gov.lc/resources/download/2106
- https://web.archive.org/web/20241119180726/https://www.oas.org/es/sla/dlc/mesicic/docs/InfAvance_sl2022_aV.pdf
- https://web.archive.org/web/20240413073354/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
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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
Sources
- https://web.archive.org/web/20220628114930/https://www.finance.gov.lc/resources/download/2106
- https://web.archive.org/web/20241009202446/https://observatorioplanificacion.cepal.org/sites/default/files/plan/files/MOP-2022-2026-Volledig-FINAL-DNA-approved-Engels.pdf
- https://web.archive.org/web/20241119180726/https://www.oas.org/es/sla/dlc/mesicic/docs/InfAvance_sl2022_aV.pdf
- https://web.archive.org/web/20240413073354/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
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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
Sources
- https://web.archive.org/web/20240413073354/https://www.wto.org/english/tratop_e/tpr_e/s437-05_e.pdf
- https://web.archive.org/web/20220705023459/https://www.govt.lc/media.govt.lc/www/resources/legislation/TradeLicenceAct.pdf
- https://web.archive.org/web/20220627213753/https://admin.theiguides.org/Media/Documents/aliens_act_cap1537.pdf
- https://web.archive.org/web/20230930165850/https://www.govt.lc/services/apply-for-a-trade-licence-new-
- https://web.archive.org/web/20221006183615/https://www.uhy.com/wp-content/uploads/Doing-Business-in-Saint-Lucia.pdf
- https://web.archive.org/web/20230323181011/https://archive.stlucia.gov.lc/faq/opening_a_business_in_saint_lucia.htm
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