Law No. 2015-24 and Law No. 2019-50 provide a comprehensive framework for consumer protection that also applies to online transactions.

Niger has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Art. 1 of Law No. 2018-47 states that the Autorité de Régulation des Communications Électroniques et de la Poste (Electronic Communications and Post Regulatory Authority, ARCEP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process and enjoys financial and management autonomy.

According to Arts. 62 and 63 of Law No. 2022-059, transfer of personal data outside the country is subject to authorisation from the Haute Autorité de Protection des Données Personnelles (HAPDP or High Authority of Personal Data Protection). Apart from the condition of authorisation from the HAPDP, there are other conditions to be fulfilled, including that transfer can only be conducted to a country that guarantees a sufficient level of security or, if that condition is not met, that some conditions are fulfilled such as the authorisation by the owner of the data, the necessity of the transfer for health or juridical procedure, among others.

Niger has not joined any agreement with binding commitments to open transfers of data across borders.

Law No. 2022-059 provides a comprehensive regime of data protection in Niger. This law repealed Law No. 2017-28, which was previously regulating data protection.

According to Art. 13 of Law No. 2022-059, IT specialists or other employees of companies who are required to provide information to or testify before the High Authority for the Protection of Personal Data (HAPDP) are exempted from the obligation of professional secrecy. Art. 87 also specifies the supervisory powers of the sworn officers of the HAPDP and provides that they have access to the places, premises, facilities and installations used for the processing of personal data. The practical arrangements are yet to be laid down by decree. The necessity of a judicial warrant is not clearly settled.

Arts. 8-11 of the Law No. 2019-03 establishes a safe harbour regime for intermediaries for copyright infringements. Service providers operating as electronic communications operators cannot be held civilly or criminally liable for any content transmitted over their network or the network to which they provide access. They are not subject to a general obligation to monitor the information they transmit or store, nor to a general obligation to seek facts or circumstances to detect unlawful activities, with the exception of possible offences defined by the law on cybercrime.

Arts. 8-11 of the Law No. 2019-03 establishes a safe harbour regime for intermediaries beyond copyright infringements. Service providers operating as electronic communications operators cannot be held civilly or criminally liable for any content transmitted over their network or the network to which they provide access. They are not subject to a general obligation to monitor the information they transmit or store, nor to a general obligation to seek facts or circumstances to detect unlawful activities, with the exception of possible offences defined by the law on cybercrime.

Arts. 2 and 3 of Law 2020-331 require proof of user identity before acquiring a SIM card and before any delivery by telecommunications companies.

On the one hand, Arts. 3 and 11 of the Law No. 2019-03 state that there is no general obligation to monitor content without prejudice to any surveillance activity requested by the Nigerien judicial authorities where this is necessary to safeguard public safety, defence, security, the repression of crimes against humanity, incitement to violence and ethnic or religious hatred, as well as pornography, in particular, child pornography, terrorism and money laundering and for the prevention, investigation, detection and prosecution of criminal offences. On the other hand, Arts. 2 and 11 of the Law state that there is an exception which applies to the Law on Cybercrime. In fact, service providers must monitor the presence of any illegal act under the Law on Cybercrime committed using a computer system. This article also defines service providers as "any public or private entity which offers users of its services to communicate by means of a computer system or any other entity that processes or stores computer data for this communication or its users".

It is reported that Niger mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

According to Art. 15 and 16 of the Law on Electronic Communications, the supply of telecommunications services in Niger is subjected to a licence, which requires commercial presence. In fact, according to Arts. 1 and 15, cross-border supply is prohibited. According to Art. 17, the licensing scheme is restrictive because it is open to public competition only when requested by the Minister in charge of electronic communications.

Art. 15 of Decree No. 2022-743/PR/P states that all candidates for contracts, regardless of the award procedure, must provide evidence of their legal, technical, economic, financial, social and environmental capacity in their tender documents. The social capacity is defined by Art. 19 as the proof of a commitment to recruit Nigerien or nationals from the West African Economic and Monetary Union or proof that 40% of the contract has been subcontracted to SMEs owned by Nigerien youth or women.

According to Art. 112 of Decree No. 2022-743/PR/P when awarding a contract, preference up to 15% of the amount of the tender may be given to:
- A tender submitted by a national or Community enterprise;
- Any supplier that offers products of national origin or from the West African Economic and Monetary Union;
- Any supplier that undertakes to subcontract part of the contract to national undertakings.
If there is no provision for preference in the tender documents, preference will not be applicable.
Beyond this 15% preference, an additional preference of 5% is granted to craftsmen and artisans legally established in the territory of the West African Economic and Monetary Union.
Finally, the contracting authority may include in their preliminary procurement plans a percentage of the contract to be awarded to small and medium-sized national enterprises in accordance with the procurement and award procedures set out in the Decree, provided that the contract is financed from their own resources.