Legal Advisor I

Background  

The Caribbean Business Enabling Environment Reform Activity (CBEE-R) is a three-year regional project in the Eastern and Southern Caribbean (ESC) that aims to assist five ESC countries develop an improved enabling environment for resilient business and investment and engage the private sector in policy assessment, development, and implementation. Those five ESC countries include The Bahamas, Grenada, Guyana, Saint Lucia, and Suriname. 

In 2020, the Government of Saint Lucia launched its Digital Government Services Platform (digiGov) to provide online access to 134 public services, across eight ministries via a single access point. Among other impacts, the operationalization of digiGov is expected to simplify business processes, reduce processing times, and contribute to improving Saint Lucia’s Ease of Doing Business and its score on the United Nations Electronic Government (UN E-government) index. Prior to this, a comprehensive legal review was conducted to determine the extent to which the current legal framework adequately supports and enables key aspects of electronic government (e-government) and e-commerce. Gaps were found in the legal and regulatory framework. Therefore, in 2023, the Digital Government Bill, Data Sharing Bill, Digital ID Bill, and the Electronic Transactions Amendment Bill were drafted to close those gaps and strengthen the legislative framework regarding electronic transactions and data protection. The eventual enactment of these Bills will contribute to the achievement of the vision of the Digital Development Strategy and enhance the overall legislative enabling environment in respect of the digital economy and more specifically e-government services.

The Department of Public Service would like to present the new Bills to the Attorney General and Cabinet. Therefore, to facilitate this process CBEE-R will recruit two legal advisors to provide support to the Division of Public Sector Modernization (DPSM) to review the new legislation and make recommendations for amendments, undertake Regulatory Impact Assessments (RIAs) of the proposed changes, and conduct public stakeholder consultations on the four new Bills.

This assignment is short-term, and the level of effort will be 40 days within a six-month period. The Legal Advisor I will report to the CBEE-R Business Enabling Environment Advisor.

Job Description

Working with the other Legal Advisor(s), the Legal Advisor I will support the DPSM to improve the legal and regulatory framework for e-government and the digital economy by:

    • Reviewing the three Acts highlighted in Appendix 1 and any other relevant material comprising the legal framework for electronic transactions in Saint Lucia.

    • In collaboration with the other Legal Advisor(s), undertaking a review of international best practices with respect to electronic transactions and the establishment of a secure and safe enabling environment including reviewing the following:

        i. UNCITRAL Model Law on Automated Contracting (2024);

        ii. UNCITRAL Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services (2022);

        iii. UNCITRAL Model Law on Electronic Transferable Records (2017);

        iv. UNCITRAL Model Law on Electronic Signatures (2001);

        v. UNCITRAL Model Law on Electronic Commerce (1996); and

        vi. United Nations Convention on the Use of Electronic Communications in International Contracts (New York, 2005).

    • Drafting and submitting recommendations in respect of provisions of laws reviewed for proclamation, amendment, or repeal ensuring alignment with international best practices.

    • Leading the development and submission of the Draft Legislative Brief with input in respect of recommendations and proposals offered for:

    • Amendments to the Electronic Transactions Act and Data Protection Act;

    • Consequential amendments required to support the enactment and implementation of the laws reviewed, facilitating the strengthening of electronic transactions, electronic payments, data sharing and data protection; and

    • Identification of Regulations, Standards, and Guidelines required to support the bringing into force of the laws reviewed.

This Activity is to be undertaken in collaboration with the other Legal Advisor(s) to ensure complementarity of recommendations and proposals.

    • Coordinating with the other Legal Advisor(s) to develop a Regulatory Impact Assessment Report for proposals and recommendations offered in the Legislative Brief.

    • Coordinating with the other Legal Advisor(s) and DPSM to convene stakeholder consultations on the proposals contained in the Draft Legislative Brief and considerations presented in the Regulatory Impact Assessment.

    • Conducting stakeholder consultations on the proposals contained in the Draft Legislative Brief and considerations presented in the Regulatory Impact Assessment. These consultations are to be led by all Legal Advisors, each presenting on their respective legal areas of focus.

    • In collaboration with the other Legal Advisor(s), drafting and submitting a Stakeholder Consultations Report presenting conclusions and recommendations emanating from the stakeholder consultations.

    • Coordinating with the other Legal Advisor(s) to develop and deliver a presentation to the Ministry of the Public Service (MPS) on the Draft Legislative Brief, Regulatory Impact Assessment Report, and Stakeholder Consultations Report.

    • Jointly (with the other Legal Advisor(s)) undertaking revisions to finalize and submit the Final Legislative Brief and Regulatory Impact Assessment Report further to comments and recommendations received during stakeholder consultations convened and the presentation to MPS.

Qualifications

    • A degree in law, public administration, or any other related discipline;

    • 5+ years of experience working as a lawyer or legal advisor in the digital economy, preferably with experience in drafting laws and regulations and advising on digital economy policy;

    • Proven understanding and experience in the relevant topics including the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Transferable Records (MLETR), the UN Convention on Electronic Contracting, and the OECS Regional Model ID law;

    • Excellent written and oral communication skills in English;

    • Excellent organizational skills;

    • Proven communication and presentation skills, and

    • Ability to work in an environment requiring liaising and collaborating with multiple actors including government officials and personnel, private sector representatives, international organizations, and other stakeholders.