Antigua and Barbuda DPA

Data Protection Act, 2013 (No. 10 of 2013)

Key Facts

Effective Date
January 1, 2013
Enacted
January 1, 2013
Enforcing Authority
Information Commissioner of Antigua and Barbuda
Consent Model
Opt-in
Applies To
Any entity processing personal data in Antigua and Barbuda

Overview

Antigua and Barbuda's Data Protection Act establishes a comprehensive framework with the Information Commissioner responsible for enforcement. The law features a dual penalty track — summary and indictable offenses — with escalating penalties for more serious violations.

What This Means for Your Website

  • Consent is required prior to collecting or processing personal data of visitors from Antigua and Barbuda
  • Data subjects must be informed about data usage and their rights
  • Security measures against unauthorized access are required
  • Serious violations can result in up to $100,000 fines and 5 years imprisonment

Key Requirements

The Information Commissioner enforces the DPA with dual penalty tracks: summary conviction (up to $50,000 and/or 3 years) and conviction on indictment (up to $100,000 and/or 5 years). Purpose limitation and data accuracy requirements apply.

How ConsentStack Handles This

ConsentStack applies consent-based processing for visitors from Antigua and Barbuda, meeting the DPA's requirements.

Penalties

Summary: up to $50,000 and/or 3 years. Indictment: up to $100,000 and/or 5 years imprisonment.

Maximum Fine
XCD100,000 per violation

Key Requirements

  • Consent prior to collecting or processing personal data
  • Provide data subjects with information about usage and rights
  • Implement security measures against unauthorized access
  • Data subject rights: access, correction, deletion
  • Purpose limitation for data processing
  • Breach notification obligations

Notable Provisions

  • Dual penalty track — summary vs. indictment
  • Up to 5 years imprisonment for serious violations
  • Information Commissioner as enforcement authority

Other Latin America & Caribbean Regulations

LGPDBrazil
Brazil's LGPD is modeled after the GDPR with extraterritorial scope. Requires explicit consent with separate authorization per processing purpose. Non-essential cookies require prior consent per ANPD guidance. Penalties include publicization of the infraction, creating reputational risk beyond fines.
Colombia Law 1581Colombia
Colombia's comprehensive data protection law with active SIC enforcement. Requires prior, express, and informed consent for all processing including cookies. The SIC has broad investigative powers including on-site inspections. Authorization logs are required for cookies, and a pop-up must inform users about privacy and cookie management.
LFPDPPPMexico
Completely new data protection law enacted March 2025, replacing the 2010 version. The INAI was dissolved and replaced by Transparencia para el Pueblo. Introduces criminal penalties, specialized federal data protection courts, and doubled fines for sensitive data violations. Express consent required for sensitive data; implied consent available for non-sensitive.
Chile Law 21.719Chile
A complete overhaul of Chile's data protection framework replacing the 1999 law. Creates a new dedicated Data Protection Agency, introduces tiered penalties, and explicitly prohibits pre-ticked consent boxes. The agency must issue cookie guidelines. Takes effect December 2026 after a 24-month implementation period.
Argentine PDPAArgentina
One of the earliest comprehensive data protection laws in Latin America, granting Argentina EU adequacy since 2003. The law is increasingly outdated, and reform bills submitted in 2025 would introduce GDPR-aligned penalties of up to 4% of turnover. Current penalties under the original law are low.
Peru Law 29733Peru
Peru's data protection law was significantly strengthened in 2025 with updated regulations introducing phased DPO requirements, extraterritorial scope, and the tightest breach notification timeline in the region. Foreign companies serving Peruvian individuals must appoint local representatives. Maximum penalty is 10% of annual net income.

Frequently Asked Questions

What are the penalties in Antigua and Barbuda?

Dual tracks: summary conviction up to $50,000 and/or 3 years, or indictment up to $100,000 and/or 5 years imprisonment.

Who enforces data protection?

The Information Commissioner of Antigua and Barbuda is responsible for enforcement, investigation, and compliance.

Does Antigua have data protection laws?

Yes. The Data Protection Act 2013 provides a comprehensive framework for personal data protection.

Stay compliant with Antigua and Barbuda DPA

ConsentStack helps you implement Opt-in consent for Antigua and Barbuda automatically.