Sint Maarten NOPDP

National Ordinance Personal Data Protection

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Key Facts

Effective Date
January 1, 2010
Enacted
January 1, 2010
Enforcing Authority
Sint Maarten DPA
Consent Model
Opt-in
Applies To
Organizations processing personal data in Sint Maarten

Overview

Sint Maarten maintains its own personal data protection ordinance as an autonomous country within the Kingdom of the Netherlands. Its penalties are notably high for a small territory — NAf. 500,000, which is 50 times higher than neighboring Curaçao's NAf. 10,000.

What This Means for Your Website

  • Consent-based processing is required for personal data of Sint Maarten visitors
  • Maximum penalties are NAf. 500,000 — significant for a small territory
  • Sint Maarten has its own separate framework from the Netherlands' GDPR
  • Standard data subject rights apply

Key Requirements

The Sint Maarten DPA enforces the National Ordinance with penalties up to NAf. 500,000. This is notably higher than neighboring Curaçao (NAf. 10,000), demonstrating a stronger enforcement posture for a similarly sized jurisdiction.

How ConsentStack Handles This

ConsentStack applies consent-based processing for Sint Maarten visitors, meeting the territory's data protection requirements.

Penalties

Up to NAf. 500,000.

Maximum Fine
ANG 500,000 per violation

Key Requirements

  • Consent-based processing required
  • Data subject rights including access and correction
  • Security measures for personal data required

Notable Provisions

  • NAf. 500,000 penalty — 50x higher than Curaçao
  • Autonomous from the Netherlands
  • Own data protection ordinance

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

How do Sint Maarten's penalties compare to Curaçao?

Sint Maarten's maximum penalty of NAf. 500,000 is 50 times higher than Curaçao's NAf. 10,000, despite being similarly sized territories.

Is Sint Maarten covered by the Netherlands' GDPR?

No. Sint Maarten has its own separate data protection ordinance as an autonomous country within the Kingdom of the Netherlands.

Does Sint Maarten have data protection laws?

Yes. The National Ordinance Personal Data Protection establishes consent-based processing with penalties up to NAf. 500,000.

Stay compliant with Sint Maarten NOPDP

ConsentStack helps you implement Opt-in consent for Sint Maarten automatically.

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