Information Technology, Outsourcing, Privacy & Data Protection

Published: 24 Nov 2022
Type: Insight

All aspects of Bermuda’s economy rely on information technology and data processing – an essential infrastructure and related services which must be procured, implemented, operated and securely managed.

Both the private and public sector require highly-specialised legal assistance to ensure project/ transaction success, whether in the commercial market or among affiliated entities. Prudent and diligent corporate governance and compliance with Bermuda laws and regulations is required. including cybersecurity, as well as privacy to minimise (if not avoid) operational risks, and to protect commercial and intellectual property rights.


WHY CHOOSE APPLEBY?

We are a full service law firm providing comprehensive, expert advice and services, working with our clients to achieve practical solutions whether from a single location or across multiple jurisdictions. Our specialised team of commercial lawyers have deep legal expertise and devoted experience to assist in the following areas:

  • All Outsourcing Transactions
  • Privacy Law & Compliance
  • All IT Contracts
  • FinTech/InsurTech Projects
  • Protection of Tech IP
  • Data Protection
  • Cybersecurity – Cyber Regulation
  • Operating Service Agreements
  • Outsourcing & Managed Services
  • Distribution Channels
  • SaaS, DaaS, IaaS
  • Cloud Computing Services
  • Public Sector Procurement
  • Shared Services Among Affiliates
  • ERP Sector Procurement
  • Telecommunications Services and Contracts
  • Consulting Service Contracts
  • Business Process Re-Engineering
  • Intelligent Systems / AI
  • Inter-Company (Affiliate) IT Service Agreements
  • IT Corporate Governance (Directors’ IT Duties)
  • Blockchain Strategies and Licensing
  • Technology Communications
  • Technology Development
  • Collaborations and Joint Ventures
  • Commercial Terms & Conditions
  • IT Procurement/RFPs
  • E-Commerce Solutions
Chambers 2022

“Appleby is a premier offshore law firm. It provides an ideal multidisciplinary platform, coordinated legal advice and strong transactional capability to clients.”

THE BERMUDA TEAM

Appleby Bermuda has a specialised team of lawyers to assist both users and vendors of information technology with their IT procurement, outsourcing services and all related contracts, implementation and transformation projects, compliance with data protection and privacy laws, and with policies and practices to promote compliance with all other regulatory obligations, including cybersecurity.

Jerome Wilson is a partner in the Corporate department of Appleby’s Bermuda office and leads the Technology and Innovation practice in Bermuda. He is one of the island’s leading digital assets, blockchain and FinTech lawyers, and is recognised by legal research directories Chambers Global, Legal 500 Caribbean and IFLRlOOO. Jerome is also the author of numerous articles and publications, including ‘Bermuda: set to be a digital Fort Knox’ (The Royal Gazette, 2022) and is host of the ‘Tech Talks’ series of The Appleby ‘Bermuda Shorts’ podcast.

HOW CAN WE HELP YOUR BUSINESS?

Appleby Bermuda’s IT outsourcing and data protection lawyers provide exceptional commercial, risk management, and contract drafting and negotiation services. We provide proactive contracting strategies that promote IT project outsourcing and contract success.

We take a highly experienced industry approach to the legal and business issues governing the development, procurement, commercialisation, and regulatory compliant use of technology, and the secure protection of data that is processed both domestically and internationally.

We advise on all forms of technology-related corporate transactions, including debt and equity enhancing, M&A due diligence, all related privacy and data protection regulatory compliance, IT service contracts, inter-company shared services, intellectual property and IT governance matters.

We are frequently retained to help structure, negotiate and document innovative commercial structures, business models, relationships and transactions that business leaders may require assistance with.

Some of our commercial technology lawyers have served as directors of technology and media enterprises, in-house corporate counsel, and provided technology-related commercial and business advice as members of advisory boards.

We also have particular expertise in Government IT projects, including information technology procurement, operational transformation and data management across all aspects of public sector tendering, such as: sole (single) source procurement allowance; RFl/RFQ/RFP formulation; fairness monitoring; contracting best practices; risk management; negotiation of commercial terms; anti-corruption methodologies; competitive dialogue; multi-track vendor negotiations; and fairness opinions.

Legal 500 2022

“A solid capable team. They are knowledgeable, competent and have experience, and are great people to deal with.”

Share
More publications
Appleby-Website-Private-Client-and-Trusts-Practice-1905px-x-1400px
15 Apr 2026

Purpose trusts: Bermuda’s answer to modern asset structuring

Purpose trusts represent a notable development in modern trust law, particularly within offshore financial jurisdictions such as Bermuda. Unlike traditional private trusts, which are established for the benefit of identifiable beneficiaries, purpose trusts are created to achieve specific objectives or purposes. Historically, common law jurisdictions were reluctant to recognise such arrangements due to the absence of beneficiaries capable of enforcing the trust. However, legislative reforms in Bermuda have significantly expanded the scope of trust law by expressly validating noncharitable purpose trusts. Through the enactment of the Trusts (Special Provisions) Act 1989 (‘the 1989 Act’), Bermuda introduced a statutory framework that allows trusts to exist for defined purposes, provided certain legal requirements are satisfied. This innovation has made Bermuda a leading jurisdiction for the establishment of purpose trusts, particularly in the fields of international finance, corporate structuring and private wealth management. This article examines the legal foundations of purpose trusts under Bermuda law, focusing on their historical development, statutory framework, requirements for validity, enforcement mechanisms and practical applications.

Website-Code-Bermuda-1
10 Apr 2026

Bermuda Regulatory Update – Economic Substance Amendment Act 2026

On 31 March 2026, the Economic Substance Amendment Act 2026 and the Economic Substance Amendment Regulations 2026 (together, the “2026 Amendments”) came into force, enacting changes to the Economic Substance Act 2018 (“ES Act”) and Economic Substance Regulations 2018.

ICLG Fintech 21 cover
10 Apr 2026

Digital asset developments and Bermuda’s regulatory readiness

While frightening to some, “finance bros” and “tech bros” are now wearing the same gilets as traditional finance products and structures are being infused with digital asset adaptation.

Appleby-Website-Insurance-and-Reinsurance
1 Apr 2026

Q1’26 Suggests Cat Bond Issuance Could Reach $20bn Again, Private ILS & Sidecar Surge to Continue

It’s been an exceptionally busy start to the year for the catastrophe bond sector, with Q1’26 officially becoming the second highest Q1 on record in terms of total catastrophe bond issuance, which indicates that 2026 could end up reaching the $20 billion+ milestone once again, Brad Adderley, Managing Partner at law firm Appleby has said.

Trust Disputes
27 Mar 2026

Privy Council decision in X Trusts – redefining the role of the protector

On 19 March 2026, the Judicial Committee of the Privy Council (JCPC) delivered its long-awaited judgment regarding the role of a fiduciary protector in the administration of a trust (A and 6 others (Appellants) v C and 13 others (Respondents) [2026] UKPC 11, on appeal from the Court of Appeal of Bermuda). The decision of the JCPC was unanimous, with the judgment being given by Lords Briggs and Richards.

Appleby-Website-Insurance-and-Reinsurance
26 Mar 2026

Latin American risks and the Bermuda market

Bermuda’s decades-long efforts to welcome Latin American risks to the island’s re/insurance market have borne fruit in the form of the many LatAm captive insurers that have become domiciled here.

Appleby-Website-Insurance-and-Reinsurance
24 Mar 2026

Navigating Bermuda’s New Recovery Planning Requirements: A Roadmap for Commercial Insurers

On 20 March 2026, the Bermuda Monetary Authority (BMA) issued an updated Guidance Note for Recovery Planning Requirements (Guidance Note). The Guidance Note assists Bermuda commercial insurers’ compliance with the obligations set out in the Insurance (Prudential Standards) (Recovery Plan) Rules 2024 (Rules), which became operative on 1 May 2025.

Appleby-Website-Private-Client-and-Trusts-Practice-1905px-x-1400px
13 Mar 2026

A will trust can keep a home in the family

In Bermuda, a family homestead represents more than financial value; it embodies ancestral heritage and housing security.

Appleby-Website-Employment-and-Immigration
12 Mar 2026

Privacy at Work: What PIPA Means for Bermuda Employers

The Personal Information Protection Act 2016 (PIPA), which came into force on 1 January 2025, represents Bermuda’s first comprehensive date protection regime. The legislation regulates the collection, use, disclosure and storage of personal information with the objective of protecting individuals’ privacy while allowing organisations to use data in a responsible and transparent manner. PIPA applies broadly to organisations operating in Bermuda, including employers. As a result, the employment relationship is one of the contexts in which the practical impact of PIPA is the most significant. Employers routinely process large volumes of personal information relating to employees and job applicants, and PIPA imposes obligations that affect recruitment, workplace monitoring, record-keeping, and disciplinary processes.