Data Protection In The British Virgin Islands

Introduction

The British Virgin Islands ("BVI") Data Protection Act, 2021 ("DPA") came into force on 9 July 2021. It was introduced so the BVI would have a data protection framework which is broadly similar to EU and UK standards. To date, no accompanying regulations or codes of practice have been published. This advisory provides an overview of the DPA.

Overview of the DPA

One of the main drivers behind the DPA is to enable the EU and the UK to adopt adequacy decisions in respect of the BVI, which would allow for international transfers of personal data without the requirement for further safeguards.

The DPA requires a data controller to comply with seven data protection principles when processing personal data and to ensure that any data processor it appoints has sufficient safeguards in place to protect the personal data.