Notes on the Fair Trading Commission v Digicel Jamaica decision

The Judicial Committee of the Privy Council (the “Board”) recently rendered a high profile decision in Fair Trading Commission v Digicel (mirror) where it confirmed the far reaching power of the Fair Trading Commission to intervene in proposed mergers of telecommunications providers. The decision will likely give telecommunications providers further cause for pause in future bids to…

Much needed privacy act coming to Jamaica

A privacy and data protection act is to be tabled in Jamaica in the next three months. Andrew Wheatley, the government minister responsible for technology, made the disclosure via the Jamaica Information Service website recently. This is the third such public announcement by the Minister in five months (See here and here). Presumably, therefore, there is substance…

Presentation: E-commerce and the Barbados Services Sector

A bit late with this one. Apologies. In September 2017, I gave a presentation at a breakfast seminar put on by the Barbados Coalition of Service Industries. The seminar was focused on E-Commerce in Barbados and I was asked to consider legal implications. My presentation touched on: Elements of an enabling e-commerce environment. Common barriers…

CANTO Code of Practice and Net Neutrality in the Caribbean

A voluntary code titled: Voluntary Code on Safeguarding the Open Internet” (”the Code”) was publicly unveiled at the recently held Caribbean Association of National Telecommunication Organizations (“CANTO”) meeting in San Juan, Puerto Rico. The Code’s stated objective indicates that: “The Code is in response to concerns brought forward by operators about consumer rights in accessing…

ECTEL proposes net neutrality language in draft regulations to complement revised Electronic Communications bill

The Eastern Caribbean Telecommunications Authority (ECTEL) is the regional, multi-state telecoms regulator for the Eastern Caribbean.  Recently, ECTEL put forward a slew of recommendations on various regulatory instruments to be enacted in the Eastern Caribbean. The regulations would go hand-in-hand with the proposed revisions to the Electronic Communications bill. The proposed regulations cover: infrastructure sharing;…

Cyber security Report on Latin America and the Caribbean

The Inter-American Development Bank, in association with the Organisation of American States, launched a publication: Cybersecurity: Are We Ready in Latin America and the Caribbean?  According to the blurb on the website:  The 2016 Cybersecurity Report is the result of the collaboration between the Inter-American Development Bank (IDB), the Organization of American States (OAS), and…

The Brazil Whatsapp Shutdown and Lessons for the Caribbean

By now, the news cycle surrounding the temporary shutdown of Whatsapp by a Brazilian Court has petered out. If you missed it (or are only reading this 50 years later!), the gist is that in 2015 Whatsapp is a large transnational mobile messaging service with global appeal and very high reach in Brazil. Prosecutors in…

ECLAC Survey on Information Society Priorities in the Caribbean

The United Nations Economic Commission for Latin America and the Caribbean (ECLAC) is currently conducting a survey to determine The priorities for the Information Society in the Caribbean. Pretty heady stuff. Go to http://caribbean.eclac.org/content/survey-priorities-information-society-caribbean to take part. You can even opt to leave an email for follow-up contact.