Barbados Enacting E-Commerce Laws

Mandy Robinson, Tax-news.com, London

10 August 2000

Efforts to introduce digital signature legislation have been finally realised by the Barbadian Government with a final draft of the Electronics Transactions Bill winning approval from the Cabinet. Minister of Industry and International Business, Reginald Farley, says the main aim of the new policy is to 'prepare a legal framework for the recognition of digital transactions ... and, once they meet certain criteria, to put them on a legal footing equivalent to that of paper-based transactions.'

Farley explained to the Associated Press Group that record-keeping, security, and contracts will be among the key areas to be addressed. Amendments will be made to other laws that are affected by the new Bill, such as the Evidence Act and the Interpretation Act, which will 'ensure that writing also includes these digital issues as well'. Farley added: 'this is a very dynamic area ... and you will find that in some cases as the technology changes, new issues will crop up.' Farley also said that plans to provide legislation that would protect consumers' privacy during electronic transactions were in the pipeline.

The final Bill, once passed, will make Barbados the third Caribbean country (after Bermuda and the Cayman Islands) to possess digital signature legislation. It will enable customers to securely enter into digital signature agreements and to accept electronic records and documents. However, notices such as evictions, electricity cut-offs and cessation of health insurances will continue to be paper-based communications.

A similar US law was approved recently by Congress and a US report has forecast that e-commerce turnover has the potential to triple within the next three years. According to the Daily Nation Newspaper in Barbados, business-to-consumer (B2C) e-commerce looks set to expand from US$66 billion in 1999 to US$160 billion by the close of 2000, while "business-to-business (B2B) e-commerce is expected to grow to US$843 billion in 2000, driven primarily by wholesale transactions." It is no wonder, then, that the implementation of the e-commerce law will be at the top of the Government's agenda as soon it convenes in September, after the summer recess.

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