The Data Protection Act 2019 of Barbados explicitly uses the factor of offering goods and services to data subjects in Barbados as a criterion for determining the law's applicability to data controllers and processors not established in Barbados.

Text of Relevant Provision

Article 3(1) of the Data Protection Act 2019 states:

"This Act applies to(a) the processing of personal data in the context of the activities of a data controller or a data processor established in Barbados;(b) the processing of personal data of data subjects in Barbados by a data controller or a data processor not established in Barbados, where the processing activities are related to the offering of goods or services to data subjects in Barbados."

Analysis of Provisions

The provision in Article 3(1)(b) extends the territorial scope of the Data Protection Act 2019 beyond the borders of Barbados. It applies the law to data controllers and processors that are not established in Barbados, provided they meet two criteria:

1. They process personal data of data subjects in Barbados
2. The processing activities are related to "the offering of goods or services" to these data subjects

This provision aims to protect Barbadian residents' personal data when they interact with foreign entities offering goods or services to them. It ensures that even if a company is not physically present in Barbados, it must comply with Barbadian data protection laws if it targets the Barbadian market.

The law does not specify what constitutes "offering of goods or services," which may leave room for interpretation. Generally, this could include:

• Online retailers shipping products to Barbados
• Digital service providers allowing Barbadian users to access their platforms
• Companies with websites or apps specifically targeting Barbadian consumers

Implications

This provision has significant implications for businesses operating globally:

1. Extraterritorial reach: Companies worldwide must consider Barbadian data protection laws if they offer goods or services to Barbadian residents, even if they have no physical presence in the country.
2. Compliance requirements: Foreign businesses targeting the Barbadian market must ensure their data processing practices align with the Data Protection Act 2019, potentially necessitating changes to their privacy policies, data handling procedures, and user consent mechanisms.
3. Potential enforcement challenges: While the law asserts its applicability, enforcing it against foreign entities may present practical challenges for Barbadian authorities.
4. Market access considerations: Companies may need to weigh the costs of compliance against the benefits of accessing the Barbadian market, potentially influencing their decision to offer goods or services to Barbadian data subjects.
5. Data localization implications: The law doesn't explicitly require data to be stored in Barbados, but companies may need to consider how they handle and transfer data of Barbadian residents to ensure compliance.