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[null,"Prepared By:","Contributors:"]
[null,"Clarke Gittens Farmer","Sabrina Maynard"]
[]
[]
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["Latin American Consumer Guide 2024"]
[]
["Report Generated: 5/1/2025"]
[]
["View your report results on next tab"]

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["Question","Barbados"]
["General Matters"]
["What is the applicable legal regime addressing consumer protection in your jurisdiction?","The applicable regime addressing consumer protection in Barbados is primarily outlined in the Consumer Protection Act Cap. 326D of the laws of Barbados (the “CPA”) and the Consumer Guarantees Act Cap. 326E of the laws of Barbados (the “CGA”). \nThe CPA makes provisions for the protection and safety of consumers and governs areas such as unfair trade practices, unfair contract terms, and misleading and deceptive conduct. The CPA and the FCA are administered and enforced by the Fair Trading Commission of Barbados (the “FTC”)[1], a quasi-judicial body, which is established by the Fair Trading Commission Act, Cap. 326B of the laws of Barbados. The FTC also administers the Fair Competition Act, Cap. 326C of the laws of Barbados (the “FCA”). Under the FCA, the FTC is responsible for reviewing commercial activities to ensure that practices that may adversely affect the interests of consumers are prevented or terminated[2].\nThe CGA, on the other hand, makes certain guarantees available to consumers upon the supply of goods and services and specifies the redress available to consumers for breaches of such guarantees. The office of the Public Counsel is responsible for assisting consumers with enforcing their rights under the CGA by mediating with suppliers and manufacturers, and, where necessary, representing consumers in proceedings before the Consumer Claims Tribunal.[3]\n--\n[1] Section 54 of the Consumer Protection Act Cap. 326D of the laws of Barbados.\n[2] Section 5(1)(c) of the Fair Competition Act Cap. 326C of the laws of Barbados.\n[3] Section 43 of the Consumer Guarantees Act Cap. 326E of the laws of Barbados.\n"]
["What is the definition of a consumer?"," The Consumer Protection Act Cap. 326D of the laws of Barbados and the Consumer Guarantees Act Cap. 326E of the laws of Barbados both define a \"consumer\" as  “an individual who \n \n acquires from a supplier goods or a service of a kind ordinarily acquired for personal, domestic, or household use or consumption; and \n does not acquire the goods or service, or hold himself out as acquiring the goods or service, for \n \n resupplying them or it in trade; or \n consuming them or it in the course of a process of production or manufacture; or \n \n \n in the case of goods, does not acquire them, or hold himself \n \n out as acquiring them, to repair or treat other goods or fixtures on land” [1] \n -- \n  [1] Section 3 of the Consumer Protection Act and Section 3 of the Consumer Guarantees Act "]
["What goods and services are covered by consumer protection legislation in your jurisdiction?"," The Consumer Protection Act, Cap. 326D of the laws of Barbados (the “CPA”) states that “consumer goods” means goods which are ordinarily intended for private use or consumption and “goods” includes substances, crops, ships, aircraft or vehicles, and things comprised in land by being attached to land[1]. While the CPA does not expressly define \"services\", it expressly excludes services under a contract of employment.[2] \n The Consumer Guarantees Act, Cap. 326E of the laws of Barbados (the “CGA”) specifies that “goods\" include: \n \n goods attached to, or incorporated in, any real or personal property; \n ships, aircraft, and vehicles; \n animals, including fish; \n minerals, trees, and crops, whether or not on, under, or attached to land; and \n computer software; \n \n but, notwithstanding paragraph (a), does not include a whole building attached to the land, unless the building is a structure that is easily removable and is not designed for residential accommodation” [3] \n According to the CGA, \"service\" means “ any rights, benefits, privileges or facilities that are, or are to be, provided, granted, or conferred by a supplier under any of the following classes of contract: \n \n a contract for, or about, \n \n the performance of work (including work of a professional nature), whether with or without the supply of goods; or \n the provision in trade of facilities for accommodation, amusement, the care of persons or animals or things, entertainment, instruction, parking or recreation; \n \n \n a contract of insurance, including life assurance and life reassurance; \n a contract between a bank and a customer of the bank; \n any contract for, or about, the lending of money or the granting of credit, or the making of arrangements for the lending of money or the granting of credit, or the buying or discounting of a credit instrument, or the acceptance of deposits, but does not include any right; benefits, privileges or facilities that are or are to be provided, granted, or conferred by the supplier by simply paying or crediting any money to the consumer without the performance of any other task (other than one that is merely incidental to the making of the payment or credit)” [4] \n \n -- \n [1] Section 2 of the Consumer Protection Act Cap. 326D of the laws of Barbados. \n [2] Section 2(3) of the Consumer Protection Act Cap. 326D of the laws of Barbados. \n [3] Section 3 of the Consumer Guarantees Act Cap. 326E of the laws of Barbados. \n [4] Section 3 of the Consumer Guarantees Act Cap. 326E of the laws of Barbados. "]
["Do the applicable regulations provide a list of consumer rights?","Yes, Under the Consumer Guarantees Act Cap. 326E of the laws of Barbados,\n consumers have the following express rights:\nRight to undisturbed possession: Where goods are supplied to a consumer, consumers have the right to undisturbed possession of such goods. [1] \nRight of redress: Consumers have a right of redress against a supplier or manufacturer of goods where the goods fail to comply with any guarantee that is binding on a supplier or manufacturer [2]. \nRight to reject: Where a consumer has a right of redress against a supplier in respect of the failure of any goods to comply with a guarantee, and the supplier refuses, neglects, or is unable to remedy such a failure, the consumer may have a right to reject the goods[3].\nThe Consumer Protection Act Cap. 326D of the laws of Barbados (the “CPA”) does not refer to, or provide a list of, consumer rights. Certain consumer rights may, however, be implied by the legislation. For instance, consumers have a right to safety and a right to fair contract terms. \nRight to safety: Suppliers may not supply to consumers, offer or agree to supply, expose, or possess, consumer goods that fail to comply with safety requirements outlined in the CPA.[4]\nRight to fair contract terms: Under the CPA, suppliers are under an obligation to ensure that written contract terms are expressed in plain, intelligible language. [5] A contract term will be deemed \"unfair\" if, to the detriment of the consumer, it causes a significant imbalance in the rights of the supplier and the consumer[6]. The CPA provides several examples of unfair contract terms, if not negotiated individually. For example, a contract term that gives a supplier the right to determine whether the goods or services supplied conform with the contract, or giving him the exclusive right to interpret any term of the contract, is unfair[7]. Such a contract term will be unenforceable against the consumer[8].\n--\n[1] Section 5(1)(c)of the Consumer Guarantees Act Cap. 326E of the laws of Barbados.\n[2] Section 17 of the Consumer Guarantees Act Cap. 326E of the laws of Barbados.\n[3] Section 19 of the Consumer Guarantees Act, Cap. 326E of the laws of Barbados.\n[4] Section 37 of the Consumer Protection Act Cap. 326D of the laws of Barbados.\n[5] Section 6 of the Consumer Protection Act Cap. 326D of the laws of Barbados.\n[6] Section 7 of the Consumer Protection Act Cap. 326D of the laws of Barbados.\n[7] Schedule of the Consumer Protection Act Cap. 326D of the laws of Barbados.\n[8] Section 9 of the Consumer Protection Act Cap. 326D of the laws of Barbados.\n \n"]
["Do the applicable regulations provide a list of consumer duties?","No, the Consumer Protection Act Cap. 326D of the laws of Barbados does not list, or refer to, any consumer duties.\n\n\n"]
["Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?"," No, the jurisdiction of each of the Fair Trading Commission (the “FTC”), the office of the Public Counsel, and the Consumer Claims Tribunal is limited to Barbados.  \n Under the Fair Competition Act, Cap. 326C of the laws of Barbados (the “FCA”), however, the FTC: \n \n is required to investigate any allegations of anticompetitive business conduct referred to it by the Community Competition Commission or by a competition authority of another member state[1]; \n may assist any national body or the competent authority within any member state or the Caribbean Community in developing and promoting the observance of standards of conduct to ensure compliance with the provisions of the FCA[2]. \n \n For the purposes of the FCA, \"Caribbean Community\" means “ the Caribbean Community established by the Revised Treaty of Chaguaramas Establishing the Caribbean Community including the Caricom Single Market and Economy”  and \"Community Competition Commission\" means “ the Competition Commission established under Article 171 of the Revised Treaty of Chaguaramas Establishing the Caribbean Community including the Caricom Single Market and Economy” [3] . \n -- \n [1] Section 5(5) of the Fair Competition Act Cap. 326C of the laws of Barbados. \n [2] Section 5(6)(d) of the Fair Competition Act Cap. 326C of the laws of Barbados. \n [3] Section 3 of the Fair Competition Act Cap. 326C of the laws of Barbados. "]
["Is there any alternative or special regime depending on the type of good or service?"," Yes. Consumers’ interests in respect of the provision of utility services are protected under the Utilities Regulation Act, Cap. 282 of the laws of Barbados (the “URA”). Under the URA, a “utility service” includes the supplying or furnishing of any commodity derived directly from the: \n \n supply or distribution of electricity; \n supply or distribution of water; \n supply of sewerage services \n supply of domestic telecommunication services; \n supply of international telecommunication services; and \n supply or distribution of natural gas[1]. \n \n The Fair Trading Commission (the “FTC”) is responsible for administering the URA and is mandated to protect the interests of consumers by ensuring that utility service providers supply the public service that is safe, adequate, efficient, and reasonable, and to hear and determine complaints by consumers regarding billings and the standards of service supplied[2]. \n For the URA “service provider” means “ (a) a statutory corporation; (b) a company incorporated under the Companies Act; or (c) any other entity which provides a utility service ” and “standards of service” means the  “quality and extent of the service supplied by service providers.” \n -- \n [1] Schedule of the Utilities Regulation Act, Cap. 282 of the laws of Barbados. \n [2] Section 3(3)(a) of the Utilities Regulation Act, Cap. 282 of the laws of Barbados. \n   "]
["What is the minimum information required to be provided to the consumer with respect to goods?"," Yes. Consumers’ interests in respect of the provision of utility services are protected under the Utilities Regulation Act, Cap. 282 of the laws of Barbados (the “URA”). Under the URA, a “utility service” includes the supplying or furnishing of any commodity derived directly from the: \n \n supply or distribution of electricity; \n supply or distribution of water; \n supply of sewerage services \n supply of domestic telecommunication services; \n supply of international telecommunication services; and \n supply or distribution of natural gas[1]. \n \n The Fair Trading Commission (the “FTC”) is responsible for administering the URA and is mandated to protect the interests of consumers by ensuring that utility service providers supply the public service that is safe, adequate, efficient, and reasonable, and to hear and determine complaints by consumers regarding billings and the standards of service supplied[2]. \n For the URA “service provider” means “ \n \n a statutory corporation; \n a company incorporated under the Companies Act; or \n any other entity which provides a utility service ” and “standards of service” means the  “quality and extent of the service supplied by service providers.” \n \n -- \n [1] Schedule of the Utilities Regulation Act, Cap. 282 of the laws of Barbados. \n [2] Section 3(3)(a) of the Utilities Regulation Act, Cap. 282 of the laws of Barbados. "]
["Potential Claims"]
["Is there a general warranty for products and/or services?"," No, the consumer protection regime in Barbados does not provide a general warranty for products and/or services.  \n The Consumer Guarantees Act, Cap. 326E of the laws of Barbados (the “CGA”), however, prescribes that certain binding guarantees apply in respect of goods and services. A “guarantee” in relation to goods or services under the CGA, means an assurance or undertaking which is given in respect of the goods or the service, and for breach of which redress against a supplier or a manufacturer is afforded to a consumer by the CGA.[1] Among the guarantees outlined in the CGA are the following: \n Guarantee as to quality:  Under the CGA, there is a guarantee, where goods are supplied to a consumer, that the goods are of acceptable quality. \n Goods are of acceptable quality for the purposes of the CGA if they are: \n \n fit for all the purposes for which goods of the type in question are commonly supplied; \n acceptable in appearance and finish; \n free from minor defects; \n safe; and \n durable as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable, having regard to\n \n the nature of the goods; \n the price, where relevant; \n any statements made about the goods on any packaging or label on the goods; \n any representation made about the goods by the supplier or the manufacturer; and \n all other relevant circumstances of the supply of the goods[2]. \n \n \n \n Guarantee as to fitness:  Under the CGA, there is also a guarantee that goods are: \n \n reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the supplier as the purpose for which the goods are being acquired by the consumer; and \n reasonably fit for any particular purpose for which the supplier represents that they are fit or will be fit[3]. \n \n Guarantee as to correspondence with description:  Under the CGA, where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the description. [4] \n Guarantee as to prior use:  Under the CGA, where goods are supplied to a consumer, there is a guarantee that the goods are unused, unless the supplier discloses that the goods are unused or the consumer ought to know that the goods are unused[5]. \n -- \n [1] Section 2 of the Consumer Guarantees Act Cap. 326E of the laws of Barbados. \n [2] Sections 6 and 7 of the Consumer Guarantees Act, Cap. 326E of the laws of Barbados. \n [3] Section 8 of the Consumer Guarantees Act, Cap. 326E of the laws of Barbados. \n [4] Section 9 of the Consumer Guarantees Act, Cap. 326E of the laws of Barbados. \n [5] Section 11 of the Consumer Guarantees Act Cap. 326E of the laws of Barbados. "]
["Are there any products that have a legal warranty different from the general warranty?","No. Under the consumer protection regime in Barbados, there are no products that have a legal warranty different from the general warranty.\n\n\n"]
["For what reasons could the consumer initiate a complaint regarding a purchased product or service?","Consumers aggrieved by an act done by a service provider or business enterprise which is contrary to the Consumer Protection Act, Cap. 326D of the laws of Barbados (the “CGA”) may make a complaint to the Fair Trading Commission of Barbados (the “FTC”). Such an act may include a supplier engaging in misleading or deceptive conduct or seeking to impose unfair contract terms.\nUnder the Utilities Regulation Act, Cap. 282 of the laws of Barbados, a consumer may make a complaint to the FTC against a service provider or business enterprise regarding billings or a failure to comply with a standard of service. [1]\nThe Consumer Guarantees Act, Cap. 326E of the laws of Barbados (the “CGA”) gives consumers a right of redress against a supplier of goods or a manufacturer of goods where the goods fail to comply with any guarantee prescribed by the CGA. A consumer with a right of redress under the CGA against a supplier or manufacturer of goods may make a complaint to the Consumer Claims Tribunal (the “Tribunal”). Under the CGA, however, consumers are encouraged to seek the assistance of the Office of the Public Counsel before making a complaint to the Tribunal.\n--\n[1] Section 23 of the Fair Trading Commission Act Cap. 326B of the laws of Barbados.\n"]
["Is there a specific judicial action to resolve lawsuits arising from consumer matters?"," Yes. For breaches of the Consumer Protection Act Cap. 326D of the laws of Barbados as well as the Utilities Regulation Act, Cap. 282 of the laws of Barbados, consumers may initiate action by making a complaint to the Fair Trading Commission of Barbados (the “FTC”). In respect of breaches of the Consumer Guarantees Act Cap. 326E of the laws of Barbados, consumers may, with the assistance of the office of the Public Counsel, make a complaint to the Consumer Claims Tribunal (the “Tribunal”). \n \n Both the FTC and the Tribunal possess specialized knowledge of the consumer protection regime in Barbados and can also provide consumers with more cost-effective and timely access to the resolution of their consumer matters, particularly in contrast to the High Court of Barbados, which may involve high legal fees and protracted wait times for decisions. \n   \n   "]
["If there is no specific judicial action, how does the consumer make a claim?","N/A\n"]
["What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages."," Under the Consumer Guarantees Act, Cap. 326E of the laws of Barbados (the “CGA”), the following damages are recognized: \n \n damages in compensation for any reduction in value of the goods below the price paid or payable by the consumer for the goods[1]; \n damages in respect of any personal injury, distress, inconvenience, disappointment, or vexation suffered[2]; and \n exemplary damages from any supplier or manufacturer who has committed a wilful and knowing violation of the CGA[3]. \n \n -- \n [1] Section 19(3)(b) of the Consumer Guarantees Act Cap. 326E of the laws of Barbados. \n [2] Section 19(5) of the Consumer Guarantees Act, Cap. 326E of the laws of Barbados. \n [3] Section 51(1) of the Consumer Guarantees Act Cap. 326E of the laws of Barbados. "]
["Can consumer issues lead to class actions?","The consumer protection regime in Barbados does not make express provision for class actions. We are not aware of any consumer issues leading to class actions in Barbados.\n\n\n"]
["How often does this occur?","N/A\n"]
["Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier."," The consumer protection regime in Barbados does not make express provision for consumer satisfaction. Under the Consumer Guarantees Act, Cap. 326E of the laws of Barbados, suppliers and manufacturers are, however, liable to consumers in respect of the following guarantees: \n Suppliers: \n \n guarantee as to title; \n guarantee as to acceptable quality; \n guarantee as to fitness; \n guarantee as to correspondence with description; \n guarantee as to compliance with the sample; \n guarantee as to prior use; and \n guarantee as to price. \n \n Manufacturers: \n \n guarantee as to acceptable quality; \n guarantee as to correspondence with description; and \n guarantee as to repairs and spare parts. \n \n Suppliers and manufacturers are also liable to consumers in respect of express guarantees stated on a label or packaging attached to or accompanying goods; contained in an advertisement originating from or carried out by the manufacturer of the goods; in a document relating to goods if, in connection with the supply of the goods to a consumer, the document is given by the supplier to the consumer with the actual or apparent authority of the manufacturer. "]
["Activities that could develop the Consumer Protection Authorities"]
["Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?"," Yes. Under the Fair Trading Commission Act, Cap. 326B of the laws of Barbados (the “FTCA”), the Fair Trading Commission of Barbados (the “FTC”) has the power to regulate, monitor, investigate, and sanction non-compliance with the Consumer Protection Act Cap. 326D of the laws of Barbados. In this regard, under Section 26 of the FTCA, the FTC has the power to, among other things: \n \n hold inquiries; \n administer oaths; \n summon and examine witnesses; \n compel the production of such books, records, papers, and documents as it may deem necessary or proper for any proceeding, investigation, or hearing held by it; \n examine the documents produced; \n require that any document submitted to the FTC be verified by affidavit; \n seize documents; \n make test purchases; and \n inspect goods. \n \n The FTC also has the foregoing powers concerning the enforcement of the Utilities Regulation Act, Cap. 282 of the laws of Barbados. \n While the Consumer Claims Tribunal (the “Tribunal”) has the power to enforce the rights of consumers under the Consumer Guarantee Act, Cap. 326C of the laws of Barbados (the “CGA”), and to hear and determine consumer complaints in respect of the legislation, the Tribunal does not have any express monitoring or investigative powers under the CGA. "]
["What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment"," The Fair Trading Commission (the “FTC”) \n Prohibition notice:  Under the Consumer Protection Act Cap. 326D (the “CPA”) the Fair Trading Commission of Barbados (the “FTC”) may serve a prohibition notice prohibiting a person from supplying, or from offering to supply, agreeing to supply, exposing for supply, or possessing for supply, any relevant goods which the FTC considers are unsafe and which are described in the notice[1]. \n Warning notice:  The FTC is also empowered to serve on any person a warning notice requiring that person at his own expense to publish, in a form and manner and on occasions specified in the notice, a warning about relevant goods that the FTC considers are unsafe, being goods which that person supplies or has supplied and which are described in the notice[2] \n Directors’ liability:  Under the Fair Trading Commission Act Cap. 282 of the laws of Barbados, where it is proved that a service provider or business enterprise has failed to obey an order of the FTC made under the CPA, every director and officer of the service provider or business enterprise may be liable on summary conviction to a fine of BBD $50,000 (USD $25,000.00) or imprisonment for 6 months or to both. Directors and officers may also be liable to similar sanctions for wilful default in furnishing information to the FTC required under the CPA.[3] \n The Consumer Claims Tribunal (the “Tribunal”) \n Under the Consumer Protection Act Cap. 326E of the laws of Barbados, the Tribunal may make an order under Section 46. Such an order may: \n \n (a) vest in any party to the proceedings the whole or any part of any real or personal property that was the subject of the contract or was the whole or part of the consideration for it; \n (b) direct any party to the proceedings to transfer or assign to any other such party or to give him the possession of the whole or any part of any real or personal property that was the subject of the contract or was the whole or part of the consideration for it;  \n (c) without prejudice to any right to recover damages, direct any party to the proceedings to pay to any other such party such sum as the court or Tribunal thinks just; \n (d) direct any party to the proceedings to do or refrain from doing in relation to any other party any act or thing as the court or Tribunal thinks just; or \n permit a supplier to retain the whole or part of any money paid or other consideration. \n \n -- \n [1] Section 55(1)(a) of the Consumer Protection Act Cap. 326D of the laws of Barbados. \n [2] Section 55(1)(b) of the Consumer Protection Act Cap. 326D of the laws of Barbados. \n [3] Sections 43 and 45 of the Fair Trading Commission Act Cap. 282 of the laws of Barbados. "]
["Recall Procedures"]
["Does the legal regime regulate safety campaigns or product recalls?"," Yes. Section 40(1) of the Consumer Protection Act Cap. 326D of the laws of Barbados provides that where a supplier supplies consumer goods which, in the view of the Minister responsible for consumer affairs (the “Minister”), will or may cause injury to any person, and that supplier has not taken satisfactory action to prevent such injury, the Minister may require the supplier to: \n \n recall the goods within a specified period; \n disclose to the public, or a class of specified persons: \n \n the nature of the defect or dangerous characteristic of the goods; \n the circumstances in which the use of the goods is dangerous; \n procedures for disposing of the goods \n \n \n inform the public, or a class of persons specified in the notice, in the manner and within the period specified in the notice, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate: \n \n Except where the notice specifies a dangerous characteristic of the goods, repair the goods;  \n replace the goods; \n refund to a person to whom the goods were supplied, whether by the supplier or by another person, the price of the goods, within the period specified in the notice.” \n \n \n \n A supplier may also recall goods voluntarily where the goods will or may cause injury to any person. In such a circumstance, the supplier shall, within 2 days after taking that action, give a notice in writing to the Minister stating that the goods are subject to recall and setting out the nature of the defect in, or dangerous characteristic of, the goods[1].  \n -- \n [1] Section 47 of the Consumer Protection Act Cap. 326D of the laws of Barbados. "]
["Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?"," Yes. Pursuant to the Consumer Protection Act, Cap. 326D of the laws of Barbados, where goods are recalled, whether voluntarily or in accordance with a requirement made by the Minister responsible for consumer affairs (the “Minister”), a supplier who has supplied or supplies any of the recalled goods to another person outside Barbados must, as soon as practicable after the supply of those goods, give notice in writing to that other person: \n \n stating that the goods are subject to recall; and \n if the goods contain a defect or have a dangerous characteristic, setting out the nature of that defect or characteristic. \n \n A supplier who gives such a notice, must, within 10 days of giving the notice, also provide the Minister with a copy of the notice[1]. \n -- \n [1] Sections 40(6) and 40(7) of the Consumer Protection Act Cap. 326D of the laws of Barbados. "]
["Electronic commerce"]
["Are there any special regulations on e-commerce?"," The current laws and regulations of Barbados that impact e-commerce[1] are the: \n \n Computer Misuse Act, Cap. 124B. \n Data Protection Act, 2019-29. \n Electronic Transactions Act Cap. 308B and the Electronic Transaction Regulations, 2014. \n \n National Payment System Act, 2021-1 \n -- \n [1] We have adopted the definition of the term “e-commerce” as given by the Organisation for Economic Co-operation and Development (“OECD”) definition would exclude older forms of electronic commerce (such as fax or telex) but would include traditional electronic data interchange (“EDI”) and online e-commerce (including trade using mobile apps or via online platforms and sales utilizing e-commerce platforms). "]
["What types of e-commerce platforms are regulated by your legislation? List and define them."," The current laws and regulations of Barbados that impact e-commerce[1] are the: \n \n Computer Misuse Act, Cap. 124B. \n Data Protection Act, 2019-29. \n Electronic Transactions Act Cap. 308B and the Electronic Transaction Regulations, 2014. \n \n National Payment System Act, 2021-1 \n -- \n [1] We have adopted the definition of the term “e-commerce” as given by the Organisation for Economic Co-operation and Development (“OECD”) definition would exclude older forms of electronic commerce (such as fax or telex) but would include traditional electronic data interchange (“EDI”) and online e-commerce (including trade using mobile apps or via online platforms and sales utilizing e-commerce platforms). "]
["Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase."," Yes, there are rights contained in the legislative provisions relating to e-commerce in Barbados, which include: \n \n The lodging of a complaint in writing by a consumer who is aggrieved by an act or omission of an operator, a participant, a payment service provider, or an agent to the payment service provider for determination no later than twenty-one (21) days after receiving the complaint. If a resolution with the payment service provider is not obtained the matter can be referred to the Central Bank of Barbados or the Tribunal established by the National Payment System Act, 2021-1. [1]  \n The right to compensation for damages sustained by reason of an offense committed under the Computer Misuse Act, Cap. 124B[2]. \n The right to compensation for damage or distress due to any contravention by the data controller or data processor under the Data Protection Act, 2019-29[3].  \n The right of redress involving an electronic transaction between an individual and another person’s automated source of information has no legal effect in instances where:\n \n the individual makes a material error in the electronic information or an electronic document used in the transaction; \n the automated source of information does not give the individual an opportunity to prevent or correct the error; \n on becoming aware of the error, the individual notifies the other person; and \n in a case where consideration is received as a result of the error, the individual:\n \n \n \n returns or destroys the consideration in accordance with the other person’s instructions; or \n where there are no instructions from the other person, deals with the consideration in a reasonable manner, and does not benefit materially by receiving the consideration. [4] \n \n \n \n \n \n \n \n -- \n [1] Section 35 of the National Payment System Act, 2021-1 of the laws of Barbados. \n [2] Section 21 of the Computer Misuse Act, Cap.124B of the laws of Barbados. \n [3] Section 93(1) of the Data Protection Act, 2019-29 of the laws of Barbados. \n [4] Section 4 of the Electronic Transaction (Amendment) Act, 2014-8 of the laws of Barbados – which inserts section 12A – Mistakes in partly automated transactions into section 12 of the Electronic Transaction Act, Cap.308B of the laws of Barbados. "]
["Crypto assets"]
["Is this regime applicable for the purchase and sale of crypto assets?"," No, Barbados has not currently adopted cryptocurrency-specific laws to regulate the purchase and sale of cryptocurrencies. \n There is, however, a sandbox which is regulated by the Financial Services Commission and the Central Bank of Barbados under which certain proposed fintech products, including cryptocurrencies, are tested in a real-world, but controlled environment, which provides the applicable regulator with the opportunity to better understand the relevant products or services and to determine whether the existing regulatory framework is appropriate or if new legislation is required. \n   \n   "]
["Influencers"]
["Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?"," We understand the term “influencer”[1] to mean an individual with the power to affect the purchasing decisions of others due to their position, authority, fame, expertise, or knowledge. They engage regularly with their fanbase of loyal followers, particularly in social media. \n Influencers utilizing a computer from which to advertise on social media platforms must comply with the provisions of the Computer Misuse Act, Cap. 124B. Influencers must ensure when using a computer to send a message, letter, electronic communication, or article of any description, that any such message is not: \n \n indecent or obscene, \n constitutes a threat, or \n is menacing in character.  \n \n Additionally, the influencer’s message, letter, electronic communication, or article of any description should not be intentional or reckless to cause annoyance, inconvenience, distress, or anxiety to the recipient or to any other person to whom he intends it or its contents to be communicated. [2] \n -- \n [1]  Westlaw Practical Law Definitions : URL Access: https://content.next.westlaw.com/practical-law/document/I7f0d140d2f9b11e99687ad62ac048e9b/Influencer?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=180f569d97d84c69bbe37463b141f5c5&contextData=(sc.DocLink)   \n [2] Section 14 of the Computer Misuse Act, Cap.124B of the laws of Barbados. "]
["Additional matter of interest"]
["Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?","There are no expected changes over the next 12 months that are likely to have a significant impact on the electronic commerce regime[1] of Barbados.--\n[1] NTD: To be revised based on the general matters responses."]