Kiri

Dear madam/sir, 

I hope this message finds you well.

On behalf of Curaçao, I would like to express our appreciation for Estonia’s leadership in digital governance and, in particular, your pioneering work on data embassies as a mechanism to safeguard digital sovereignty and continuity of government.

Curaçao is currently exploring, at a policy level, the possibility of hosting data embassies for foreign states or international institutions. Our objective is to understand best practices, legal frameworks, and practical considerations.

In this context, we would greatly value your insights on the following questions:

                1.            Initiation of the process

                •             How did Estonia structure the decision-making process to establish data embassies?

                •             Which governmental actors were essential at the outset (e.g., cabinet, parliament, ministries, cybersecurity authorities)?

                2.            Legal foundations

                •             What legal instruments were used to establish data embassies (national legislation, bilateral treaties, administrative agreements)?

                •             How was extraterritoriality or special legal status defined in practice?

                3.            Host–state relationship

                •             What legal guarantees were considered indispensable from the host state to ensure data sovereignty and immunity?

                •             How were conflicts of law and jurisdiction addressed?

                4.            Scope and limitations

                •             What types of data or state functions were initially considered suitable for data embassy hosting?

                •             Were there explicit limitations or exclusions to manage political, security, or reputational risks?

                5.            Governance and oversight

                •             How were cybersecurity oversight, audits, and incident response responsibilities allocated between Estonia and the host state?

                •             Which institutional arrangements proved most effective?

                6.            Lessons learned

                •             What legal or institutional challenges emerged that you would advise other jurisdictions to anticipate early?

                •             Are there elements you would recommend approaching differently today?

In addition, as Curaçao operates within the Kingdom of the Netherlands, where foreign affairs and treaty-making are Kingdom competencies:

                •             Are there specific considerations when developing a data embassy framework within such a constitutional structure?

                •             Would you recommend early involvement of Kingdom-level authorities in treaty design and agreements?

We would welcome the opportunity for a technical or policy-level exchange, whether through written correspondence or a virtual meeting, should this be of interest to you.

Thank you very much for your time and for your continued leadership in shaping responsible and resilient digital governance.

Yours sincerely,

Senior Policy Officer | Directorate of Foreign Relations

Ministry of General Affairs

Fort Amsterdam no. 4. Curaçao

T: 463-0127

E: [email protected]

W: www.gobiernu.cw