The Barbados Data Protection Act 2019 applies to data processing activities based on the establishment of the data controller or processor in Barbados. Article 3(1)(a) explicitly states that the Act applies to "the processing of personal data in the context of the activities of a data controller or a data processor established in Barbados."

The Act provides a broad definition of what constitutes being "established in Barbados" in Article 3(2). This definition encompasses three categories:

1. Individuals who are "ordinarily resident in Barbados"
2. Legal entities that are "incorporated, organised, registered or otherwise formed under any enactment" in Barbados
3. Any person who "maintains in Barbados an office, branch or agency through which he carries on any activity related to the processing of personal data"

This broad definition ensures that the Act covers a wide range of entities that have a significant presence or connection to Barbados. It's important to note that for the third category, the establishment (office, branch, or agency) must be carrying out activities related to data processing.

Implications

The establishment factor in the Barbados Data Protection Act has several implications for businesses:

1. Local companies: All companies incorporated or registered in Barbados are automatically subject to the Act for their data processing activities, regardless of where the actual processing takes place.
2. Foreign companies with local presence: International companies that have offices, branches, or agencies in Barbados are subject to the Act if these establishments are involved in data processing activities. This applies even if the data is processed outside of Barbados.
3. Individual entrepreneurs: Individuals who are ordinarily resident in Barbados and engage in data processing activities are subject to the Act.
4. Remote processing: The Act may apply to data processing activities that occur outside of Barbados, as long as they are carried out in the context of the activities of an establishment in Barbados.
5. Extraterritorial reach: It's worth noting that Article 3(1)(b) extends the Act's applicability to entities not established in Barbados if they process data of Barbados residents in relation to offering goods or services. This provision complements the establishment factor to ensure comprehensive protection of Barbados residents' data.