Bringing Your Business to The Caribbean Market

Expanding your business internationally offers exciting opportunities for growth and access to a new vibrant market. If you are considering registering your overseas business in Jamaica, it is essential to understand the process to ensure that business operations may transition smoothly. There are many compliance standards to follow, which makes it essential to work with experienced attorneys who understand local and international business laws.

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Marc Ramsay
Most Important Steps for Data Compliance in Jamaica

The Jamaican government has taken important steps toward data security and protection to stay both compliant and competitive with global data security standards. The stringent General Data Protection Regulation (GDPR) of the European Union is forcing many countries around the world to maintain the same high standards to keep local businesses competitive in a global market. The effort to protect the privacy of all citizens also creates many challenges for small to medium-sized companies to remain compliant. This article will examine Jamaica’s privacy laws and provide guidance on how to remain compliant.

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Marc Ramsay
Preserving Personal Relationships in Business Partnerships

Starting a business is an exciting and rewarding experience. Many people like to share that experience by partnering with friends and family. It’s an age-old practice that people have done for generations. However, for those just starting out, it’s important to remember that not everyone can bring the same level of enthusiasm and dedication to a business, and it can negatively impact the relationships that people have with one another. There are certain practices in setting up a business that will build a strong foundation that can preserve these relationships and set up a framework for handling disputes constructively.

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Marc Ramsay
Buying Commercial Real Estate in Jamaica

Real estate in Jamaica is not only an attractive investment opportunity for those who wish to purchase an affordable vacation home, but the growing economy is enabling strong investments in commercial properties as well. To enjoy the benefits of investing in commercial real estate in Jamaica, there are certain regulatory requirements that must be met. Working with an experienced legal team can provide important safeguards and guidance to protect companies from potential liabilities.

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Marc Ramsay
Technology Trends for Business Owners

Technological advancements have not only made communication and operating international businesses possible but also more profitable than ever. Businesses small and large can no longer afford to limit themselves to local markets. However, with global expansion, there is the additional danger of being vulnerable to fraudsters, hackers, and negligent data breaches. Any entrepreneur can learn to utilize specialized technology to protect their investments and their client data.

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Samantha Moore
Five Things to Know about the Data Protection Act

The Data Protection Act, 2020 (“DPA”) was passed by the Government of Jamaica in May, 2020. There is a two-year transition period for companies to get their affairs in order to become compliant under the DPA. This transition period commenced on December 1, 2021 and is expected to expire on November 30, 2023. Given the onerous and stringent penalties imposed under the DPA, it is very important for companies to start taking preparatory steps to become compliant. Below, I have highlighted five (5) key things to know about the DPA.

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Samantha Moore
Ramsay & Partners Staff Retreat

Ramsay & Partners’ recently held our annual Staff Retreat for 2023. The retreat was designed to strengthen our operations and give us time to strategise and plan for better service to our clients and each other.

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Marc Ramsay
Buying Property in Jamaica

If you are in the market to purchase property in the Caribbean, Jamaica is known for its pristine beaches, friendly people, and healthy real estate market. It seems obvious why, as Jamaica hosted approximately 2.5 million visitors in the last year and continues to maintain its status as the most diverse island in the Caribbean. Luxury property development is one of the main attractors to new property owners, as the price per square foot is comparatively cheaper than in other Caribbean countries. If you are looking for your new home or would like to purchase a vacation property in Jamaica, there are several considerations one must make before diving head first into this vibrant market.

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Marc Ramsay
Red Alert: Implications of the JAMCOVID Breach

In the range of security alerts, a “red” alert is usually one level above an “amber” alert. The recent alleged exposure of the personal data of thousands of traveller’s on the Government of Jamaica’s (GOJ) COVID-19 (JAMCOVID) website and app could be considered a “red alert” situation.

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Samantha Moore
Digital Dollars: Central Banks and Cryptocurrency

As the world races towards a digital economy, the Bahamas has taken the lead in being the first country to launch a nationwide Central Bank Digital Currency (CBDC) referred to as “the Sand Dollar”. A CBDC is a digital form of currency issued and regulated by the Central Bank of given country, and therefore recognized nationally as a legal form of money acceptable as payment for any monetary debt or expense. This type of currency was inspired by bitcoin, the first cryptocurrency to be officially launched. Bitcoin is known for its use of blockchain technology which is said to be virtually immune from fraudulent transactions and data breach. Blockchain technology is also touted for eliminating the need for banks, centralization, and thereby lowering transaction costs. However, CBDC’s unlike bitcoin marries the convenience and security offered by cryptocurrency and the regulation and subsequent stability offered by the central bank.

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Brittney East
The right to privacy, and recordings in the post-COVID era

One notable change likely to remain with us is increased usage of online platforms to record classes, meetings and other gatherings to facilitate later access by persons who are not able to attend. However, there are several legal considerations which accompany such recordings and may escape the immediate attention of employers, schools and other persons who collect and store such recordings with the best of intentions.

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Samantha Moore
“Deep Cleaning” liability and the MoH Guidelines

The World Health Organisation (WHO) and our local Ministry of Health and Wellness (MOHW) continue to issue guidance for safety, good health and prevention of the spread and contraction of SARS-CoV-2 more commonly called COVID19. Of special importance is the MOHW’s Guidelines for Environmental Cleaning and Disinfection for Institutions including healthcare and residential facilities (July 2020). In addition to concerns about keeping their businesses afloat in the economic fallout from the global pandemic, employers must think about their duty of care owed to their staff and to visitors, and how that duty takes on added import and urgency with the increased use of cleaning products with varying degrees of toxicity.

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Marc Ramsay
Advance sentence indication

In 2016, a Practice Direction was issued in Jamaica to establish a formal process for judges to provide an early indication of the sentence an accused person will likely receive. This early indicator is called an Advance Sentence Indication.

The Practice Direction which formally establishes the process, governs the practice in Jamaica’s Supreme Court and its Gun Courts and provides guidance for Jamaica’s Parish Courts.

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Chantelle Biersay
Case Summary: Dale Virgo and ZV v Board of Management of Kensington Primary School, Minister of Education and Attorney General of Jamaica [2020] JMFC Full 6

Constitutional law – Freedom of religion – Equality before the law – Right of every child to such measures of protection as are required by virtue of the status of being a minor or as part of the family – Right of a child to publicly funded tuition in a public educational institution at the preprimary and primary levels – Equitable and humane treatment – Respect for and protection of private and family life and privacy of the home – Freedom of expression – Freedom from discrimination 

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Marc Ramsay
Short Paper: The National ID system as a component of e-Governance

In this brief paper I argue that while the first steps taken by the government and the absence of provisions for e-Governance and data protection could negatively impact the ultimate success of this important first step, the national ID system remains essential as an enabler for the government to provide more efficient services to citizens. 

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Marc Ramsay