This article considers what an IP's role is in respect
of the recently enacted Data Protection Law, 2017 ("DPL")
and some practical considerations for IPs in the Cayman Islands
when faced with managing personal data.
The DPL came into effect as of 30 September 2019. The Office of
the Ombudsman is Cayman's supervisory authority for data
protection. The DPL applies to personal data processed by
"data controllers" and "data processors".
Cayman financial sector entities established in the Cayman Islands
will generally be considered "data controllers",
"data processors" or both. The DPL also applies to
"processing" carried out by data controllers established
within the Cayman Islands and to data controllers outside of the
Cayman Islands that process personal data within the Cayman
Islands. The DPL does not carve-out or exempt companies facing
financial difficulties or in formal insolvency proceedings. As a
result, the DPL applies to insolvent companies and any
