Why Panama: the legal basis of an offshore domain registrar

What does Ley 81 de 2019 protect?

Ley 81 de 2019 protects personal data held by companies and public bodies in Panama, including the account data of a registrar. The law is dated 26 March 2019 and appeared in the Gaceta Oficial on 29 March 2019. Its article 47 delayed its entry into force by two years, so it has applied since 29 March 2021.

The Decreto Ejecutivo N° 285 of 28 May 2021 sets out how the law works in practice. ANTAI, the national transparency authority, supervises it and has published a guide for private companies. The Panamanian press reported fines from $1,000 to $10,000 for breaches.

For you, it means the email we hold is covered by a written law with a regulator, not only by our own promise. The rights it gives you are listed in our privacy policy.

What does article 29 of the Constitution say about private records?

Article 29 of the Panamanian Constitution makes correspondence and other private documents inviolable. They may be examined or held back only on the order of a competent authority, for a specific purpose and with the formalities set by law.

We apply the same logic to account records: we release the data we hold only when Panamanian law requires it (a Panamanian court or prosecutor's order), or in a UDRP case. A letter from a foreign lawyer, a private company or a foreign government is neither, so it does not open your file.

How does a foreign judgment take effect in Panama?

A foreign judgment has no effect on us until Panama's Supreme Court (Fourth Chamber) recognises it. Article 1419 of the Código Judicial gives a foreign ruling the force that treaties grant it. Without a treaty, it can be enforced unless it is shown that the country of origin does not enforce Panamanian rulings.

The recognition request, called exequatur, goes to the Sala Cuarta de Negocios Generales of the Corte Suprema de Justicia (article 100, point 2, of the Código Judicial). Under article 1420 the Procuraduría gives its opinion first. Article 156 of the Código de Derecho Internacional Privado (Ley 61 of 7 October 2015) also lists the conditions.

The documents must be authenticated or apostilled, and translated into Spanish by a public translator. A ruling of the Sala Cuarta of 4 May 2022 (file 9395-2022) cites all of these articles and quotes article 1419 in full.

What does Panama not change for your domain?

Panama changes who can make us act; it does not lift the rules of the domain system. Offshore does not mean above the law. Five layers stay the same, wherever the registrar is:

• ICANN rules. The registrant email is checked under the Whois Accuracy Program of the 2013 Registrar Accreditation Agreement, within 15 days. The Registration Data Policy has applied since 21 August 2025.
• The UDRP. Trademark disputes over generic extensions follow it, as at every registrar; some country codes have their own policy. See UDRP disputes.
• Abuse duties. Section 3.18 of the RAA, amended on 5 April 2024, requires action on DNS abuse such as phishing and malware.
• Registry rules. Each extension has a registry with its own policy. Registries such as .org (PIR) or .io (Identity Digital) keep the registrant record under their own law; Verisign, which runs .com and .net, is a thin registry and receives no registrant contact data.
• Our registrar partner. Domains are registered through our ICANN-accredited registrar partner.

That is why phishing, malware, botnets, child sexual abuse material and fraud against victims are handled at once. Details: abuse reports.