Tunisia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

The Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020 establishes specific requirements for practising as a commercial advertising agent in Tunisia, including restrictions on foreign equity participation. Art. 7 stipulates that legal entities must be subject to Tunisian law, managed by Tunisian nationals, and have foreign capital limited to a maximum of 50%. Additionally, natural persons or legal representatives of entities must meet qualifications outlined in Art. 3, including holding a national licence or its equivalent, completing at least two years of higher education, and demonstrating one year of professional experience in an advertising agency. Art. 4 further requires that individuals practising in this field must hold Tunisian nationality. Annex 2 of the specifications identifies digital communication services—such as website and application development, online content management, and social media oversight—as part of the activities carried out by commercial advertising agents.

Togo has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Togo has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Togo has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Type approval procedures in Togo are regulated by the Autorité de régulation des communications électroniques et des postes (ARCEP). It is reported that the conformity requirements are similar to those of the European Union. The homologation process in Togo does not require local laboratory testing or contact with local representatives. The framework governing the approval of telecommunications equipment is outlined in the Telecommunications Law, with Art. 20 granting the Regulatory Authority the power to establish procedures for equipment approval, designate national and international laboratories, and define conditions for recognising technical standards and specifications.

According to Art. 31 of Instruction No. 008-05-2015, which establishes the conditions and modalities for carrying out the activities of electronic money issuers in the West African Monetary Union (WAMU) area, the assets in electronic money held by the same identified client with an issuing institution cannot exceed two million FCFA (approx. 3500 USD), unless expressly authorised by the Central Bank.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 400, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

The law Electronic Transactions Act No. 2017-07 provides a comprehensive framework for consumer protection that also applies to online transactions.

The Law No. 2019-014 on the protection of personal data provides a comprehensive regime of data protection in Togo. Law No. 2019-014 governs the collection, processing, transmission, storage, and utilisation of personal data in the country. This legislation mandates the establishment of the Togolese Data Protection Authority (IPDCP) and stipulates the appointment of data protection officers.

According to Art. 95 of Togo’s 2012 Electronic Communication Law, cryptology services providers are required to keep for one year content and data allowing the identification of anyone who has used their services and provide the technical means that enable the identification of those users.

Art. 63 of Law No. 2017-07 of June 22, 2017 on Electronic Transactions requires service providers to hold and retain, at least for a period of one year, data of such a nature as to allow the identification of anyone who has contributed to the creation of the content or any of the content of the services they provide.

Chapter VI of Law No. 2019-014 on the protection of personal data provides that data controllers are required to appoint a personal data protection correspondent.

According to Art. 95 of Togo’s 2012 Electronic Communication Law, cryptology services providers are required to keep for one year content and data allowing the identification of anyone who has used their services and providing the technical means that enable the identification of those users. The service providers are required to avail of this data, on request, to the investigating judge, the Prime Minister, the Minister for Economy and Finance, the Minister of Defence, the Minister of Justice, and the Minister of Security.

Law No. 2017-07 of June 22, 2017 on Electronic Transactions establishes a safe harbour regime for intermediaries for copyright infringements. According to Arts. 55 and 56 of the law, electronic communication operators are subject to civil or criminal liability for the content stored or transmitted on their networks only in cases where:
- they are at the origin of the disputed request for transmission;
- they select the receipt of the transmission;
- they select or modify the content being transmitted;
- they did not promptly remove or block access to the illegal content upon becoming aware of it or upon receiving a served judicial order.