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Sint Maarten NOPDP

National Ordinance Personal Data Protection

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Sint MaartenOpt-inLatin America & CaribbeanNational
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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

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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.
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.
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.
Jamaica DPAJamaica
The most comprehensive data protection law in the Caribbean, with GDPR-level penalties (4% of worldwide turnover). Individual violators face both fines and up to 10 years imprisonment. The OIC operates independently with broad enforcement powers including assessment notices, information notices, and criminal prosecution.
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.

Frequently Asked Questions

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