The Data Protection Act, 2020 (“DPA”) was passed by the Government of Jamaica in May, 2020. There is a two-year transition period for companies to get their affairs in order to become compliant under the DPA. This transition period commenced on December 1, 2021 and is expected to expire on November 30, 2023. Given the onerous and stringent penalties imposed under the DPA, it is very important for companies to start taking preparatory steps to become compliant. Below, I have highlighted five (5) key things to know about the DPA.
Ramsay & Partners’ recently held our annual Staff Retreat for 2023. The retreat was designed to strengthen our operations and give us time to strategise and plan for better service to our clients and each other.
If you are in the market to purchase property in the Caribbean, Jamaica is known for its pristine beaches, friendly people, and healthy real estate market. It seems obvious why, as Jamaica hosted approximately 2.5 million visitors in the last year and continues to maintain its status as the most diverse island in the Caribbean. Luxury property development is one of the main attractors to new property owners, as the price per square foot is comparatively cheaper than in other Caribbean countries. If you are looking for your new home or would like to purchase a vacation property in Jamaica, there are several considerations one must make before diving head first into this vibrant market.
In the range of security alerts, a “red” alert is usually one level above an “amber” alert. The recent alleged exposure of the personal data of thousands of traveller’s on the Government of Jamaica’s (GOJ) COVID-19 (JAMCOVID) website and app could be considered a “red alert” situation.
As the world races towards a digital economy, the Bahamas has taken the lead in being the first country to launch a nationwide Central Bank Digital Currency (CBDC) referred to as “the Sand Dollar”. A CBDC is a digital form of currency issued and regulated by the Central Bank of given country, and therefore recognized nationally as a legal form of money acceptable as payment for any monetary debt or expense. This type of currency was inspired by bitcoin, the first cryptocurrency to be officially launched. Bitcoin is known for its use of blockchain technology which is said to be virtually immune from fraudulent transactions and data breach. Blockchain technology is also touted for eliminating the need for banks, centralization, and thereby lowering transaction costs. However, CBDC’s unlike bitcoin marries the convenience and security offered by cryptocurrency and the regulation and subsequent stability offered by the central bank.
One notable change likely to remain with us is increased usage of online platforms to record classes, meetings and other gatherings to facilitate later access by persons who are not able to attend. However, there are several legal considerations which accompany such recordings and may escape the immediate attention of employers, schools and other persons who collect and store such recordings with the best of intentions.
The World Health Organisation (WHO) and our local Ministry of Health and Wellness (MOHW) continue to issue guidance for safety, good health and prevention of the spread and contraction of SARS-CoV-2 more commonly called COVID19. Of special importance is the MOHW’s Guidelines for Environmental Cleaning and Disinfection for Institutions including healthcare and residential facilities (July 2020). In addition to concerns about keeping their businesses afloat in the economic fallout from the global pandemic, employers must think about their duty of care owed to their staff and to visitors, and how that duty takes on added import and urgency with the increased use of cleaning products with varying degrees of toxicity.
In 2016, a Practice Direction was issued in Jamaica to establish a formal process for judges to provide an early indication of the sentence an accused person will likely receive. This early indicator is called an Advance Sentence Indication.
The Practice Direction which formally establishes the process, governs the practice in Jamaica’s Supreme Court and its Gun Courts and provides guidance for Jamaica’s Parish Courts.
Constitutional law – Freedom of religion – Equality before the law – Right of every child to such measures of protection as are required by virtue of the status of being a minor or as part of the family – Right of a child to publicly funded tuition in a public educational institution at the preprimary and primary levels – Equitable and humane treatment – Respect for and protection of private and family life and privacy of the home – Freedom of expression – Freedom from discrimination
This Policy Paper recommends the adoption of a Property Assessed Clean Energy (PACE) programme in Jamaica. Such programmes play the primary role of eliminating the intimidating upfront cost of clean energy installations such as solar power, wind turbines and water conservation devices.
In this brief paper I argue that while the first steps taken by the government and the absence of provisions for e-Governance and data protection could negatively impact the ultimate success of this important first step, the national ID system remains essential as an enabler for the government to provide more efficient services to citizens.
Bench warrants are a common enough feature of the criminal courts. They are orders of the court, issued by a judge, which authorize an individual’s arrest as sanction for some misdeed. Many a Defense Counsel must contend with a client for whom such a warrant has been issued, most often for the failure of that Defendant to attend at court as expected.
In 2017, a law firm can add more value to clients than simply producing legal documents and solving legal problems. We set out to add even more value by creating a networking and knowledge sharing event for our business clients.
Before embarking on any business venture, is it important to first identify the possible sources of labour, evaluate which is most cost efficient and productive, and investigate the legal requirements to employ this labour source.
Whether hiring from overseas of hiring locally, the law sets out several criteria and requirements that must be satisfied.
A brand is a unique product, service, concept, design, sign or symbol which is used to identify a product or service and differentiate it from its competitors. A brand is typically used in marketing, and the more effective you are marketing your brand, the more lucrative it can be for you.
How do you protect this brand that you have worked to build?
Belize is in the process of drafting the first post-CARIFORUM/EU Economic Partnership Agreement (EPA) Geographical Indications Bill in the CARIFORUM region, with unique provisions that the government is hoping will boost agriculture, manufacturing and handicrafts exports from Belize while providing greater protection for EU/CARIFORM GIs. Marc Francis Ramsay & Company (now RamsaySmith) was retained to assist with this process.
![Case Summary: Dale Virgo and ZV v Board of Management of Kensington Primary School, Minister of Education and Attorney General of Jamaica [2020] JMFC Full 6](https://images.squarespace-cdn.com/content/v1/5bef7ff35417fcb469b36e59/1596645498072-2MDNY7G115WJQLX7MIY8/image-asset.jpeg)
