Support Centre

Curaçao

Summary

Law: Ordinance No. 84 of 4 September 2010 Laying Down Rules on the Protection of Personal Data (Data Protection Ordinance) (only available in Dutch here) (the Ordinance)

Regulator: The Data Protection Board, provided for under the Ordinance, has not yet been established.

Summary: Curaçao is a constituent country in the Kingdom of the Netherlands and its approach to data protection is influenced by the Netherlands. Data protection is governed by Ordinance No. 84 of September 4, 2010 Laying Down Rules on the Protection of Personal Data (Data Protection Ordinance) (only available Dutch here) (the Ordinance). The Ordinance is modeled on the Act Implementing the GDPR (official version available in Dutch here; unofficial English version available here).

Notably, the Data Protection Board, which would act as the supervisory authority under the Ordinance has not yet been established. In addition, the Ordinance does not set out requirements for data processing notifications, data protection officer appointments, or data breach notifications. However, the Ordinance does regulate international data transfers and limits transfers to countries that provide adequacy protection of personal data. Although Curaçao is a member of the Caribbean Financial Action Task Force (CFATF), it is viewed as having limited effective tax enforcement and anti-money laundering measures by international supervisory bodies.