Update in respect of data protection in the Cayman Islands

The Cayman Islands Data Protection Law, 2017 ("DPL"), which was expected to come into force in January 2019, will now not come into force until September 2019. The Office of the Ombudsman has issued a Guide for Data Controllers which aims to explain how the Ombudsman will interpret certain provisions of the DPL. Businesses are therefore well-positioned to prepare.

Overview of the DPL

International financial sector businesses will find many similarities between the data protection law of the Cayman Islands and of other jurisdictions where they are active. The DPL requires a data controller to comply with eight data protection principles when processing personal data and to ensure that those principles are complied with in relation to personal data processed on the data controller’s behalf pursuant to a written contract. The DPL deals also with data security, data breaches and the rights of individual data subjects, including providing a privacy notice.

The DPL applies to personal data processed by "data controllers" and "data processors". Financial sector entities established in the Cayman Islands will generally be "data controllers", "data processors" or both. The DPL applies to processing carried out by data controllers established within the Cayman Islands. In certain cases, it applies to data controllers outside the Cayman Islands that process personal data within the Cayman Islands.

Even those financial services businesses whose clients and counterparties are all entities will nevertheless process personal data. For example, an investment fund with an entity investor will typically process personal data of that investor’s individual representatives, directors and beneficial owners.

Walkers can advise on all aspects of data protection compliance and assist with any questions you may have in relation to regulatory matters generally.

CAYMAN ISLANDS
Lucy FrewPartnerT +1 345 814 4676lucy.frew@walkersglobal.com
Tony De QuintalSenior CounselT +1 345 914 6388tony.dequintal@walkersglobal.com
Colm DawsonAssociateT +1 345 914 6384colm.dawson@walkersglobal.com
Andrew HowarthAssociateT +1 345 814 4561andrew.howarth@walkersglobal.com

HONG KONG
Alice MolanCounselT +852 2596 3425alice.molan@walkersglobal.com