VPNs with servers in Bermuda

Failing to comply with a warrant is an offence carrying up to one year’s imprisonment or a fine of $20,000 (s. 70).

The Act sets no retention period for traffic or location data; it lets the Authority make determinations on their use and disclosure (s. 29). Whether it, or any other Bermudian law, reaches a VPN operator is not established. As of 3 November 2026 the Computer Misuse Act 2024, which would repeal and replace the Computer Misuse Act 1996, is not in force.

The Electronic Communications Act also lets the Governor, on the same grounds and by the same warrant, direct that a message or class of message brought for transmission by electronic communications shall not be transmitted (s. 53(a)).

Sending by a public electronic communications service a message that is grossly offensive or of an indecent, obscene or menacing character is an offence triable either way, punishable by one year’s imprisonment or a fine of $25,000 (s. 68(1)(a)). Sending a message known to be false carries one year or $20,000 (s. 66).

Under the Human Rights Act 1981, publishing threatening, abusive or insulting written matter, including by internet or e-mail, with intent to incite ill will or hostility against a section of the public defined by race, religion, sexual orientation and other grounds is prohibited (s. 8A).

Unauthorised access to a computer is a separate offence under the Computer Misuse Act 1996 (six months or $6,000 on summary conviction).

Bermuda is a self-governing British Overseas Territory with its own legislature; the United Kingdom handles its foreign affairs and defence. The Constitution of Bermuda, set out in a United Kingdom Order in Council, makes the Governor, acting in his discretion, responsible for external affairs, defence, internal security and the police (s. 62).

Freedom of expression, which includes freedom from interference with correspondence, is protected, but a law is not inconsistent with it to the extent it is reasonably required in the interests of defence, public safety, public order, public morality or public health, or to regulate telephony and other means of communication (s. 9).

A Supreme Court judge may be removed only for inability or misbehaviour, after the Judicial Committee of the Privy Council has advised (s. 74). The order of the rows is the security score, and a server’s location is not a recommendation.