(1) This Act applies to a data controller in respect of any data if —
(a) the data controller is established in Saint Lucia and the data is processed in the context of the business of that establishment; or
(b) the data controller is not established in Saint Lucia but uses equipment in Saint Lucia for processing data otherwise than for the purpose of transit through Saint Lucia.
(2) A data controller falling within subsection (1)(b) shall nominate for the purposes of this Act a representative established in Saint Lucia.
(3) For the purposes of this section, the following is to be treated as established in Saint Lucia —
(a) an individual who is ordinarily resident in Saint Lucia or is a national of the Caribbean Community;
(b) a body incorporated under the Companies Act;
(c) a partnership or other unincorporated association formed under the laws of Saint Lucia; and
(d) any person who does not fall within paragraphs (a), (b) and (c) but maintains in Saint Lucia an office, branch or agency through which he or she carries on any activity related to data processing.