CURACAO: Data Protection

January 19, 2023

In recent years data protection has been a constant subject of international debate and regulation. From the implementation of the GDPR[1] in Europe to the LGPD[2] in Brazil, one can notice that governmental entities are increasingly deeming it necessary to regulate protection of personal data of individuals.

Kingdom of The Netherlands

Data protection regulation has also been discussed in the Kingdom of The Netherlands (“KoTN”). The Dutch Minister of Justice and Security has announced that a Kingdom Act has been prepared in draft in coordination with the other governments of the KoTN. This draft shall be discussed on January 31, 2023, during the Judicial Four Country Consultation.

Curaçao

As for Curaçao, the National ordinance on data protection (“NODP”) has been in effect as of October 1, 2013. This ordinance sets out general principles governing the processing of an individual’s personal data and the rights of the person concerned. The ordinance also sets out rules regarding liability for damages incurred by the person concerned. Personal data may only be processed if e.g.:

• the person concerned has unambiguously given his consent;
• it is necessary for compliance with statutory obligations or for the correct execution of a task regarding public law.

The Curaçao Personal Data Protection Board

The Personal Data Protection Board in Curaçao was established in January 2022. However, the Board is not yet actively supervising compliance with the rules set out by the NODP. Nonetheless, complaints can already be lodged with respect to non-compliance of the NODP. As part of exercising its supervisory role, the members of the Board have far-reaching powers, such as but not limited to, the right to demand information and the right of entry into buildings without prior consent.

Actions

Bearing the aforementioned in mind, several legal and tax matters must be taken into account. Is the ordinance applicable in your situation, how and when should personal data be processed, which party is liable for damages incurred by the person concerned, and are there any special tax regimes applicable for entities operating and/or dealing in personal data?

If you have any questions regarding the applicability of the data protection matters in the Dutch Caribbean, please contact us.

[1] General Data Protection Regulation.

[2] Lei Geral de Proteção de Dados Pessoais,