Abstract:

The Caribbean Region has been experiencing an annual growth rate of 25% in B2C E-commerce. Nevertheless, some nations in the Region are lagging and need to reform their E-commerce laws to participate fully in the growth trend. They can look to the Jamaican and Puerto Rican statutes as models to emulate. Jamaica’s Electronic Transactions Act (ETA) contains a third-generation E-signature law; all types of E-signatures are accepted, but a preference is given to the digital signature. The most distinguished sections of the ETA are the comprehensive provisions relating to the use of the electronic form to satisfy statutory requirements; legal liability of Certification Service Providers, subscribers, and relying on third parties; and the provisions relating to the effect of an error or omission occurring during an E-commerce communiqué. Despite these positive aspects, the ETA does need to be fine-tuned. Puerto Rico’s E-Government Act (EGA) is exemplary because it: mandates the implementation of a comprehensive list of E-government services at the Government Portal; assigns one government agency the responsibility of implementation of E-government and gives it broad powers to achieve that goal; and establishes a long list of specific government services that government departments are required to provide citizens. This article makes recommendations for amendment of the ETA and presents the amended Jamaican ETA and the Puerto Rican EGA as paradigms for other Caribbean nations to follow.