3. Application of Act

3.—

1. Except as otherwise provided for in section 60, this Act applies to a data controller in respect of any personal data only if the data controller –

(a) is established in Jamaica or in any place where Jamaican law applies by virtue of international public law, and the personal data are processed in the context of that establishment; or

(b) though not established in Jamaica—

(i) uses equipment in Jamaica for processing the personal data otherwise than for the purpose of transit through Jamaica; or

(ii) processes personal data, of a data subject who is in Jamaica, and the processing activities are related to—

(A) the offering of products or services to data subjects in Jamaica, irrespective of whether a payment of the data subject is required; or (B) the monitoring of the behaviour of data subjects as far as their behaviour takes place within Jamaica.

2. A data controller falling within subsection (1)(b) shall appoint for the purposes of this Act a representative established in Jamaica.

3. For the purposes of subsections (1) and (2), each of the following shall be treated as established in Jamaica—

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

(b) a body incorporated under the laws of Jamaica;

(d) any person who does not fall within paragraph (a), (b) or (c) but who maintains in Jamaica—

(i) an office, branch or agency through which the person carries on any activity; or

(ii) a regular practice.

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