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A comprehensive-looking statute exists and is in force, but the absence of an operational supervisory authority and of registration/notification machinery materially weakens practical enforceability.
Sub-modules (5)
Regulator And AuthorityRed
The Ordinance provides for a Data Protection Board to act as supervisory authority; as of this research pass, that Board has not yet been established, leaving the regime without an operational regulator.
Claims (1):
- Data Protection Board (Curaçao) is reported to be not currently operational as the statutory supervisory authority under Ordinance No. 84 of 2010. CHALLENGER FOLD (f-001, add_caveat/overstated_confidence): downgraded confidence Probable->Uncertain. Contradicting T4 sources (HBN Law & Tax 2023-02-02; LawGratis 2025-04-12; Neeyamo; Artemis Qualified eLearning) report the Board was established in January 2022 and remained at least nominally operational, with a 2023 government open-records reply indicating members subsequently resigned and seats went unfilled. Correct framing is 'established 2022, lapsed ~2023', not 'never established'.
Act And InstrumentsAmber
The operative instrument is Ordinance No. 84 of 4 September 2010, described by professional legal-research sources as modeled on the Dutch data-protection implementing act.
Claims (1):
- Ordinance No. 84 of 4 September 2010 is reported to be modeled on the Dutch data-protection implementing act structure. Single-T2-source characterization; underlying Dutch-language statute text not independently parsed this cycle.
Material ScopeAmber
The Ordinance is reported to follow the structure of the Dutch implementing act (itself derived from the pre-GDPR EU data protection directive framework), covering automated and structured-file processing of personal data, but the precise scope articles were not independently retrieved in this pass.
Claims (1):
- Ordinance No. 84 of 4 September 2010 covers automated and structured-file processing of personal data, per the pre-GDPR EU data protection directive-era structure inherited via the Dutch implementing act. Scope articles not independently retrieved; inference from secondary summary only.
Territorial ScopeRed
No CW-specific provision on extraterritorial application to non-established controllers was located in this research pass.
Absence provenance: unavailable. Searched: Curaçao data protection law regulator personal data 2024, Curaçao Landsverordening bescherming persoonsgegevens.
Regulator Registration And FilingAmber
The Ordinance does not set out requirements for data processing notifications to a supervisory authority.
Claims (1):
- Ordinance No. 84 of 4 September 2010 does not set out requirements for data-processing notifications/filings to a supervisory authority. Negative finding (absence of registration/filing machinery) reported by DataGuidance.
no periodic updates on record for this sub-brief
Sources and claims (4)
- UncertainDataGuidance — Data Protection Board (Curaçao) is reported to be not currently operational as the statutory supervisory authority under Ordinance No. 84 of 2010. CHALLENGER FOLD (f-001, add_caveat/overstated_confidence): downgraded confidence Probable->Uncertain. Contradicting T4 sources (HBN Law & Tax 2023-02-02; LawGratis 2025-04-12; Neeyamo; Artemis Qualified eLearning) report the Board was established in January 2022 and remained at least nominally operational, with a 2023 government open-records reply indicating members subsequently resigned and seats went unfilled. Correct framing is 'established 2022, lapsed ~2023', not 'never established'.observed
- UncertainDataGuidance — Ordinance No. 84 of 4 September 2010 is reported to be modeled on the Dutch data-protection implementing act structure. Single-T2-source characterization; underlying Dutch-language statute text not independently parsed this cycle.observed
- UncertainDataGuidance — Ordinance No. 84 of 4 September 2010 covers automated and structured-file processing of personal data, per the pre-GDPR EU data protection directive-era structure inherited via the Dutch implementing act. Scope articles not independently retrieved; inference from secondary summary only.observed
- UncertainDataGuidance — Ordinance No. 84 of 4 September 2010 does not set out requirements for data-processing notifications/filings to a supervisory authority. Negative finding (absence of registration/filing machinery) reported by DataGuidance.observed