US VIRGIN ISLANDS Law and Practice Contributed by: Marjorie (Jorie) Roberts, Duncan J.J. Kessler and Jessica McKenney, Marjorie Rawls Roberts PC
8.2 Geographical Scope Any business that targets or does business in the USVI must follow both territorial and federal laws regarding data protection and notification in case of breach. 8.3 Role and Authority of the Data Protection Agency The USVI has also established a Bureau of Informa - tion Technology, which includes in its mandate the development of the policies and standards to be fol - lowed in providing for the confidentiality of informa - tion; ensuring the security of the USVI’s informational and physical assets; providing for the preservation of the USVI information processing capability; and co- ordinating research and identifying problems affecting information security and their solutions.
renew the tradename within six months of the expira - tion date, the tradename becomes available to anyone who files for the tradename and pays the required fee. If a person, association or entity doing business in the USVI fails to or refuses to obtain a tradename certificate, the USVI Attorney General may institute an action in the District Court of the Virgin Islands to enjoin the conduct of the business. Further, the violat - ing entity may not commence or maintain any court action in the USVI. When the party or parties cease to conduct business in the USVI, notice of the date of cessation, sworn to by a person, partner, corporate officer, member, executor or administrator, must be filed within ten days after the business ceases.
9. Looking Forward 9.1 Upcoming Legal Reforms
8. Data Protection 8.1 Applicable Regulations
While there are no specific legal reforms expected that will affect foreign investment in the USVI, please see the Trends and Developments article for a deeper discussion of trends and developments in this field, particularly with regard to the economic incentive pro - grammes.
Contract, common law, federal regulations and USVI statutory law govern data protection requirements. The most applicable local statute is 14 V.I.C. § 2209, which deals with the crime of identity theft. This statute outlines the requirements for companies or persons that conduct business in the USVI regarding notifica - tions of any breach of digital security and leaking of personal information such as social security numbers and driver’s licence numbers.
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