British Virgin Islands. Comprehensive data protection. Act

BVI DPAData Protection Act, 2021 (No. 3 of 2021)

In force

§1Summary

Synopsis

Data protection law based on general, notice and choice, disclosure, security, retention, integrity and access principles, with criminal penalties and a private right of action.

Key themes
  • principles
  • criminal offences
  • private action
  • transfers
Unique features

No proactive breach notification duty; Commissioner office unstaffed.

SaaS relevance

BVI companies using SaaS must ensure adequate protection for exports of data.

§2Obligations

Extraterritorial
No
Breach notification
None (only after enforcement notice)
DPO
No
Cross-border transfers
Adequacy or exceptions (consent, contract)
Maximum penalty
USD 500,000 (companies); USD 100,000 and/or 5 years (individuals)

§3Dates

Key dates
  • Adopted
  • In force

§4Text and authority

Text
Authority
Office of the Information Commissioner (not yet staffed)

§5Where it applies

Domestic law of
British Virgin Islands

§6Sources and verification

Sources consulted
Verification

High confidence.