Cyber Law at Cayman Islands (BOT)
The Cayman Islands has established a robust legal framework to address cybercrime, data protection, and cybersecurity.
Cybercrime Legislation
The primary legislation governing cybercrime in the Cayman Islands is the Cybercrime Law, 2019. This law criminalizes various offenses, including unauthorized access to computer systems, data breaches, identity theft, and electronic fraud. It also addresses online hate speech and the dissemination of illegal content. The law applies to both individuals and entities exploiting technology and the internet for criminal activities.
Data Protection Law
The Data Protection Law, 2017 (DPL) regulates the collection, processing, and storage of personal data in the Cayman Islands. Key provisions include:
Data Subject Rights: Individuals have the right to access, correct, delete, and restrict processing of their data. They can also request data portability and object to automated decision-making.
Sensitive Personal Data: Special protections are in place for sensitive personal data, such as racial or ethnic origin, political opinions, religious beliefs, and health information.
Data Breach Notification: Data controllers must notify the Ombudsman and affected individuals of a personal data breach within five days of becoming aware of the breach.
Penalties for Non-compliance: Violations can result in fines up to CI$250,000 and/or imprisonment for up to five years. Directors and officers of corporate entities may also be held liable for offenses committed by the entity.
Cybersecurity Framework
While there is no separate cybersecurity legislation, the Cayman Islands Monetary Authority (CIMA) requires all regulated entities to establish, implement, and maintain a documented cybersecurity framework. This framework must promptly identify, measure, assess, report, monitor, and minimize cybersecurity risks, as well as respond to and recover from cybersecurity breaches that could materially impact operations. Any breaches must be reported to CIMA within 72 hours following discovery.
In summary, the Cayman Islands has developed a comprehensive legal and institutional framework to address cybercrime, data protection, and cybersecurity, aligning with international standards and regional best practices.
RELATED Blog
0 comments