Definition of Data

“data” means electronic representations of information in any form

Main Focus of Document

Provides for the facilitation and regulation of electronic communications and transactions to prevent abuse of information systems and to provide for matters connected therewith

Target Beneficiaries or Sector

government, citizens, businesses

Key Elements

Key sections include:

4. (1) Information shall not be denied legal effect, validity or enforcement solely on the ground that it is in electronic form.
(2) In sections 5, 6, 7, 8 and 22:
(a) where a rule of law require information to be in writing, given, signed, original or retained, the requirement is met if the section is complied with;
(b) where a rule of law provides consequences where the information is not in writing, given, signed, original or retained, the consequences are avoided if the section is complied with; and
(c) where a rule of law provides consequences if the information is in writing, given, signed, original or retained, the consequences are achieved if the section is complied with.

CRYPTOGRAPHY PROVIDERS
34. (1) The Minister shall establish and cause to be maintained a register of cryptography providers.
(2) The following particulars in respect of a cryptography provider shall be recorded in the register:
(a) the name and address of the cryptography provider;
(b) a description of the type of cryptography service or product being provided; and
(c) any other particulars as may be prescribed to adequately identify and locate the cryptography provider and its products or services.
(3) A cryptography provider is not required to disclose confidential information or trade secrets in respect of its cryptography products or services.
35. (1) A person shall not provide cryptography services or products in the State until he is registered as a cryptography provider.

CONSUMER PROTECTION
37. (1) This Part applies only to electronic transactions.
(2) This Part does not apply to a regulatory authority established under a rule of law if that rule of law prescribes consumer protection provisions in respect of electronic transaction.
38. (1) A supplier offering goods or services for sale, for hire or for exchange by way of an electronic transaction shall make the following information available to consumers:
(a) its full name and legal status;
(b) its physical address and telephone number;
(c) its web site address and e-mail address;
(d) the physical address where the supplier will receive legal service of documents;
(e) a sufficient description of the main characteristics of the goods or services offered by the supplier to enable a consumer to make an informed decision on the proposed electronic transaction;
(f) the full price of the goods or services, including transport costs, taxes and any other fees or costs;
(g) the manner of payment;
(h) any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers;
(l) the time within which the goods will be dispatched or delivered or within which the services will be rendered;
(j) the manner and period within which consumers can access and maintain a full record of the transaction;
(k) the return, exchange and refund policy of the supplier;
(l) the security procedures and privacy policy of the supplier in respect of payment, payment information and personal information; and
(m) the rights of consumers under section 36, where applicable.
(2) The supplier shall provide a consumer with the opportunity:
(a) to review the entire electronic transaction;
(b) to correct any mistakes; and
(c) to withdraw from the transaction before finally placing any order.
(3) If the supplier fails to comply with the provisions of subsection (1) or (2), the consumer may cancel the transaction within 14 days of receiving the goods or services under the transaction.
(4) If a transaction is cancelled as provided by subsection (3):
(a) the consumer shall return the goods of the supplier or, where applicable, cease using the services performed; and
(b) the supplier shall refund all payments made by the consumer including the cost of returning the goods.
(5) The supplier shall utilize a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
(6) The supplier is liable for any damage suffered by a consumer due to a failure by the supplier to comply with subsection (5).

39. (1) A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply:
(a) of goods within 7 days after the date of receipt of the goods; or
(b) of services within 7 days after the date of conclusion of the agreement.
(2) The only charge that may be levied on the consumer is the direct cost of returning the goods.
(3) If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund shall be made within 30 days of the date of cancellation.

PROTECTION OF CRITICAL INFORMATION SYSTEMS
44. The provisions of this Part only apply to critical information systems of public authorities.
45. The Minister may by notice in the Gazette:
(a) declare certain classes of information which are of importance to the protection of the national security of Saint Vincent and the Grenadines or the economic and social well-being of its citizens to be critical information for the purposes of this Part;
(b) establish procedures to be followed in the identification of critical information systems for the purposes of this Part.
46. (1) The Minister may by notice in the Gazette determine:
(a) requirements for the registration of critical information systems with the Ministry or such other body as the Minister may specify;
(b) procedures to be followed for registration

66. A person who intentionally, without lawful excuse or justification, accesses the whole or any part of an information system commits an offence and is liable on conviction on indictment to a fine not exceeding five thousand dollars or to a term of imprisonment not exceeding two years.
67. (1) A person who, intentionally or recklessly, without lawful excuse or justification, does any of the following acts:
(a) destroys or alters data;
(b) renders data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of data;
(d) obstructs, interrupts or interferes with any person in the lawful use of data;
(e) denies access to data to any person entitled to it; commits an offence and is liable on conviction on indictment to a fine not exceeding thirty thousand dollars or a term of imprisonment not exceeding four years or to both a fine and imprisonment.

Policy/Regulation Mirrors

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