Data processors must be registered

55.(1) A person shall not operate as a data processor unless he is registered in the Register of Data Processors.

(2) A person who desires to operate as a data processor may, upon application to the Commissioner in the prescribed form and payment of the prescribed fee, obtain a certificate from the Commissioner for the purpose.

(3) A data processor that is not established in Barbados shall nominate, for the purposes of this Act, a representative established in Barbados.

(4) A person who operates as a data processor without being registered under subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to a term of imprisonment of 2 months or to both.

(5) A data processor that is not established in Barbados and who does not nominate a representative pursuant to subsection (3) is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to a term of imprisonment of 2 months or to both.

(6) For the purposes of subsections (3) and (5), each of the following is to be treated as established in Barbados:

(a) an individual who is ordinarily resident in Barbados;

(b) a body, association or other entity incorporated, organised, registered or otherwise formed under any enactment; or

(c) any person who does not fall within paragraph (a) or (b) but maintains in Barbados an office, branch or agency through which he carries on any activity related to data processing.