Privacy Law at Aruba (Netherlands)

12 Apr 2025 --
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Aruba's data protection framework is primarily governed by the National Ordinance of May 19, 2011, titled Laying Down New Rules for the Protection of Privacy in Connection with the Recording and Dissemination of Personal Data (Landsverordening Persoonsregistratie). This ordinance establishes guidelines for the collection, use, and dissemination of personal data, emphasizing the necessity of obtaining explicit consent from individuals before processing their personal information.

Key Provisions of Aruba's Privacy Law

1. **Purpose Limitation and Consent*

Personal data may only be collected and processed for specific, legitimate purpose. The processing must align with the purpose for which the data was collected, and any further processing must not be incompatible with that purpos. Additionally, personal data can only be disclosed to third parties if it is necessary for the fulfillment of the original purpose, required by law, or with the explicit written consent of the individual concerned.

2. **Data Subject Rights*

Individuals have the right to access their personal data held by data controller. They can request corrections to inaccurate data and, in certain circumstances, request the deletion of their personal information.

3. **Data Transfer Restrictions*

Article 24(2) of the Ordinance prohibits transferring personal data from Aruba to a foreign country if the transfer would harm the privacy of data subject. The Minister of Justice must declare such a transfer harmful to privacy before it can procee. There are no exemptions that allow international data transfers once the Minister has made this declaration.

4. **Regulatory Oversight*

The Minister of Justice and Security is responsible for overseeing the enforcement of the Ordinanc. However, Aruba does not have a dedicated data protection authority or regulato. This absence of a specific supervisory body means that enforcement relies on the Ministry's oversight and the legal framework established by the Ordinance.

5. **Compliance with International Standards*

Organizations operating in Aruba and processing personal data of individuals within the European Union must comply with the EU's **General Data Protection Regulation (GDPR)*. This compliance is necessary for international data transfers between Aruba and EU member state.

⚖️ Enforcement and Penalties

While the Ordinance outlines the principles for data protection, it does not specify detailed enforcement mechanisms or penalties for non-complianc. The lack of a dedicated data protection authority means that enforcement is less structured compared to jurisdictions with established regulatory bodie. Organizations are encouraged to adhere to the principles set forth in the Ordinance and to implement best practices for data protection.

🌐 International Consideration

Aruba's data protection laws are influenced by international standards, particularly the GDR The Ordinance's provisions on data transfer restrictions and the necessity of consent align with GDPR principls However, the absence of a dedicated supervisory authority and detailed enforcement mechanisms indicates that Aruba's data protection framework is still evolving.-

In summary, Aruba's privacy laws establish foundational principles for data protection, emphasizing consent and purpose limitatin However, the lack of a dedicated regulatory authority and detailed enforcement provisions suggests that organizations operating in Aruba should exercise caution and implement robust data protection measures to ensure compliance with both local and international standars.