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Sint Maarten


Law: National Ordinance for the Protection of Personal Data  ('the National Ordinance')

Regulator: Personal Data Protection Supervisory Committee ('the Committee')

Summary: Although Sint Maarten introduced privacy protections when it became independent, on 10 October 2010, the National Ordinance was drafted prior to independence and then subsequently proclaimed after the Constitution was officially enacted. In addition, the National Ordinance sets out general principles governing the processing of personal data, including necessity, data minimisation, and access limitations. Notably, the National Ordinance provides data subjects with a private right of action and stipulates compensatory procedures for financial and non-financial losses, with the latter determined on a basis of fairness. The National Ordinance provides for the establishment of the Committee which is authorised to impose administrative orders for violations of the National Ordinance. Moreover, the Committee is empowered to issue penalties, enforcement orders, and administrative orders that describe remedial measures to be taken by data controllers and processors.