Electronic Transactions Policy: Jamaica

EXECUTIVE SUMMARY

The Government’s stated objective is to ensure that Jamaica becomes an active player in the global information society. Against this background, the Government has established a National Strategy for Information and Communication Technology that recognizes the importance of a policy on electronic transactions as critical to supporting that objective. 

Information technology will enhance competitiveness, generate new products and new production processes. New forms of organization will emerge that are strongly dependent on human skills, the need for extensive adaptability as well as the will to use new technology. The support of an environment to enable electronic transactions, can assure democracy, equal opportunities, and economic development, while affording legal protection for consumers, business and industry in the global environment.

The Government will apply the following principles in establishing an electronic environment:

•The development of electronic commerce shall be market-determined based on corporate and consumer demands for products and services;

•Where the Government intervenes, the process shall be fully transparent and undertaken in dialogue with the parties concerned;

•Regulations shall be neutral in relation to technology and not restricted to specific technological solutions;

•Framework conditions laid down through regulations must be flexible and adapted to developments in and be in harmony with international rules and guidelines, and should contribute to establishing confidence in electronic commerce;

•The present legal principles applying to trade would also apply to electronic commerce.

In establishing an electronic environment, there will be the following guiding principles –

1.The electronic marketplace shall be predictable. Predictable legal and economic framework conditions must be established, which support national and international competitiveness.

2.Access to the electronic marketplace must be facilitated, and the infrastructure and services should be developed to facilitate use by all potential user groups

3.The electronic marketplace should encourage buyers and sellers with the public sector taking the lead, through electronic governance.

4.Security and the protection of privacy and consumers, including children and youths, will be according to accepted international guidelines and standards, in order to ensure that confidence, consumer rights and the protection of privacy and other rights are assured in respect of electronic

5.transactions;

6.The Electronic Transactions Policy shall support the positive effects of the electronic environment, and contribute to benefits for the public sector and society as a whole.

The Ministry of Commerce, Science and Technology will be responsible for the coordination of the adoption of the electronic transactions policy across government agencies to facilitate growth and reduce barriers and costs to business.