Privacy Law at Curaçao (Netherlands)
Curaçao's data protection framework is governed by the National Ordinance on the Protection of Personal Data (Landsverordening bescherming persoonsgegevens), enacted on October 1, 2013. This ordinance establishes foundational principles for personal data processing, aligning closely with the European Union's General Data Protection Regulation (GDPR), though it omits certain EU-specific provisions.
Key Provisions of Curaçao's Data Protection Ordinance
1. *Core Principles of Data Processing
The ordinance mandates that personal data must b:
Purpose-bound collected for specified, legitimate purposes and not further processed in ways incompatible with those purpose.
Adequate and relevant Limited to what is necessary in relation to the purposes for which they are processe.
Accurate Kept up to date; inaccurate data should be rectified or erase.
Transparent Data subjects must be informed about the processing of their personal dat.
Fair and lawful Processed in accordance with the law and in a transparent manne.
2. *Rights of Data Subjects
Individuals have the right t:
Access Obtain confirmation as to whether their personal data is being processed, and access to that dat.
Rectification Request correction of inaccurate or incomplete dat.
Erasure Request deletion of personal data under certain condition.
Objection Object to the processing of their personal dat 3. *International Data Transfers
The ordinance permits the transfer of personal data to countries outside Curaçao, provided tha The receiving country ensures an adequate level of data protectio.Appropriate safeguards are in place, such as binding corporate rules or standard contractual clause. The data subject has given explicit consent, or the transfer is necessary for the performance of a contrac.
4. *Supervisory Authority
The Personal Data Protection Board (College Bescherming Persoonsgegevens) was established in January 2022 to oversee compliance with the ordinanc. The Board is empowered t: Investigate data processing activitie. Issue fines up to 10,000 Netherlands Antillean guilders for violation. Provide guidance on data protection matter. As of early 2025, the Board is operational, though its active supervisory role is still developin.
5. *GDPR Applicability
While Curaçao is not an EU member, the General Data Protection Regulation (GDPR) applies to organizations in Curaçao if the: Offer goods or services to individuals in the European Union, regardless of whether payment is require. Monitor the behavior of individuals within the E. In such cases, organizations must comply with the GDPR's provisions, including data subject rights and international data transfer requirement
⚖️ Legislative Development
Curaçao has opted out of the Consensus Kingdom Act, a proposed unified data protection law for the Kingdom of the Netherlands, which includes Aruba, Curaçao, and Sint Maarte. The island prefers to handle data protection matters independently, citing differences in ministerial responsibilitie.
✅ Summary
Curaçao's data protection framework, established by the National Ordinance on the Protection of Personal Data, sets forth principles and rights aligned with international standard. Organizations operating in or interacting with Curaçao must ensure compliance with these regulations, especially when dealing with personal data of individuals in the European Unio. The Personal Data Protection Board plays a crucial role in overseeing and enforcing these law.
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