E-Commerce Code of Conduct
Bermuda adopts a “know your customer” approach to business – an important standard amongst international regulators. The island’s e-commerce legislation emphasizes self-regulation by local providers under a Code of Conduct to encourage the growth of digital business without excessive red tape.
The code therefore is designed to encourage business to observe integrity, protect personal data, avoid abusive usage, advertise truthfully, deal fairly and openly with customers, and settle complaints and disputes quickly.
In essence, the legislation does not regulate customers directly, but tasks ISPs and e-commerce service providers, (such as transaction gateways) to ensure that their customers adhere to the Code. The Ministry of Telecommunications and E-Commerce is the final authority regarding enforcement of the Code.
For example, the Code outlines remedial steps if a customer infringes on copyright law, and requires the local providers to report criminal or prohibited acts under Bermuda law. Furthermore, Bermuda-based companies are not allowed to engage in online gaming or adult-content services.