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Since the implementation of the Cayman Islands Trade Marks Law 2016 on 1 August 2017, more than 1,000 trade mark applications have been filed under the new regime. Impressively, the Cayman Islands Intellectual Property Office (CIIPO) has already approved or Read more +
HSM’s Senior IP Associate, Sophie Peat, has been recognised as a Rising Star for the Cayman Islands (Caribbean) in the 2019/20 edition of IP Stars – Rising Stars. This special recognition by Managing Intellectual Property (IP) recognises the top practitioners Read more +
Sophie Peat (HSM’s Senior Intellectual Property Associate) shares details on Cayman’s Data Protection Law with International Trademark Association (INTA). The Data Protection Law, 2017 (the Law) came into force in the Cayman Islands on September 30, 2019. The Law fills Read more +
Click here to read HSM IP’s Cayman Islands 2019 Trade Mark Guide and find out all you need to know about trade marks in the Cayman Islands! The International Legal Comparative Guide (ICLG) to Trade Marks is now in its eighth Read more +
INTA Bulletin: Cayman Islands - New Data Protection Law Comes into Effect
The Data Protection Law, 2017 (the Law) came into force in the Cayman Islands on September 30, 2019. The Law fills a noticeable gap in the existing legislation and will help to ensure that internationally accepted data protection and data privacy standards are adhered to in this key off-shore jurisdiction.
According to the Law, personal data (broadly defined) must be obtained and processed in accordance with several key principles. For example, data must be accurate, adequate, processed fairly, obtained only for one or more specified lawful purposes, relevant and not excessive with respect to the purpose for which it was collected, and kept up to date where necessary.
Cayman Islands businesses will need to ensure that adequate data protection policies and procedures are implemented to ensure compliance. Businesses will also need to ensure that they can meet any requests for access to personal data from data subjects, as well as quickly address any breaches that may arise.
Penalties for noncompliance include fines of up to CI $100,000 (approximately US $120,000) per breach and/or imprisonment for a term of up to five years. Serious contraventions of the Law likely to cause substantial damage or distress to data subjects may also result in monetary penalties of up to CI $250,000.