According to Art. 31 of Instruction N°008-05-2015, which establish 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 authorized by the Central Bank.

The regime of approval of telecommunications equipment is set out in the Telecommunications Law. Art. 20 establishes that the Regulatory Authority determines the procedure for the approval of equipment and national and international laboratories, as well as the conditions for the recognition of technical standards and specifications. It is reported that in order to import wireless devices, the requirements of the local market’s radio regulation have to be met. Togo has a mandatory certification system in place for radio requirements. The process involves a sample validation or the leverage of documentation from approved bodies of foreign countries.

The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Togo. This corresponds to "The government shut down domestic access to the Internet several times this year."

In July 2021, a SIM card registration and limitation of subscriptions per individual and network campaign was launched by the telecommunications regulatory authority ARCEP, supported by leading telecom operators Moov Africa Togo and TogoCom. The SIM registration requirements include a national identity card or passport and the collection of biometric and demographic data.

Togo has a safe harbour regime in place for intermediaries for copyright infringements. According to Arts. 55 and 56 of Law No. 2017-07 on electronic transactions, 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 on becoming aware of it, or upon receiving served judicial order.

Togo has a safe harbour regime in place for intermediaries beyond copyright infringements. According to Arts. 55 and 56 of Law No. 2017-07 on electronic transactions, 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 on becoming aware of it, or upon receiving served judicial order.

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 to provide the technical means that enable the identification of those users. The service providers are required to avail this data, on request, to the investigating judge, Prime Minister, Minister for the Economy and Finance, the Minister of Defense, the Minister of Justice, and the Minister of Security.

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.

The Law No. 2019-014 on the protection of personal data provides a comprehensive regime of data protection in Togo.

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 to provide the technical means that enable the identification of those users.

In accordance with Art. 21 of Law No. 2019-014, the processing of sensitive data is prohibited as a matter of principle. This includes all personal data relating to racial or ethnic origin, religious, philosophical, political or trade-union opinions or activities, sex life, health, social measures, prosecutions or criminal or administrative sanctions (Art. 4). However, this prohibition does not apply when, for example: the processing relates to data manifestly made public by the data subject; the data subject has given his or her consent in writing to such processing, in accordance with the texts in force; the data processing is necessary to safeguard the vital interests of the data subject or of another person in the event that the data subject is physically or legally incapable of giving consent; the processing is necessary for the establishment, exercise or defense of legal claims (Art. 22).
Processing is defined as any operation or set of operations provided for in Art. 2 of this law, whether or not carried out using automated processes, and applied to data, such as collection, exploitation, recording, organization, conservation, adaptation, modification, extraction, storage, copying, consultation, use, communication by transmission, dissemination or otherwise making available, alignment or combination, as well as the blocking, encryption, erasure or destruction of personal data (Art. 4).

Togo has not joined any free trade agreement committing to open transfers of cross-border data flows.

Art. 28 of Law No. 2019-014 on the protection of personal data clearly states that data can only be transferred if the third country ensures an adequate level of privacy protection. Art. 29 admits a transfer of data provided that the transfer is one-off, not massive and that the person to whom the data relates has expressly consented to its transfer or if the transfer is necessary under specific conditions. Moreover, in Art. 30, the Data Protection Authority may authorize the transfer of data if the data controller provides sufficient guarantees with regard to the protection of privacy, fundamental rights and freedoms of the persons concerned and the exercise of the corresponding rights.

Togo has a telecommunications authority: Autorité de Régulation des Communications Électroniques et des Postes (ARCEP). However, it is reported that this entity is not fully independent.