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 […]

Disclosure of Trinidadian Minister’s telephone records reiterates need for privacy legislation

Newsday Trinidad reports that the Telecommunications Authority of Trinidad and Tobago (TATT), has issued a reminder to the telecos in the twin-island republic to protect the data of their customers.  TATT’s reminder comes in the wake of the public disclosure of the telephone records of a government minister. The minister’s unfortunate circumstances aside, this story […]

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 […]

Aslam v Uber and a few implications for Uber’s entry into Trinidad

A first-instance Court in the United Kingdom ruled in October 2016 that the relationship between, ride-sharing app, Uber and its drivers was that of an employer and employee. Uber unsuccessfully contended that its drivers were merely independent contractors. The case –  Aslam v Uber BV [2017] IRLR 4 – naturally sent ripples throughout the gig-economy, given the […]

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 […]

Freedom Online Coalition publishes Recommendations on Cybersecurity Policy and Human Rights

Working Group 1 of the Freedom Online Coalition (“FOC”) has published a list of recommendations which it hopes will lead to cybersecurity policies which are inherently more rights respecting. These Recommendations were produced at the sixth iteration of the FOC’s annual conference in Costa Rica. The FOC, according to its website, is “…a group of […]

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 […]

North America Summit Statement on Global Cyber Issues… and why we may need to ditch aspects of HIPCAR

In keeping with the effects of the Monroe doctrine and the Caribbean Basin Initiative, when the USA sneezes, we catch a cold in the Caribbean. At least, so goes the standard narrative of regional geo-politics, If we accept that there is any truth to this, then paying attention to every huff coming from our neighbors […]

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; […]