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

Fiji has a telecommunications authority, the Telecommunications Authority of Fiji (TAF), established under the Telecommunications Act 2008. However, it has been reported that the decision-making processes of TAF are not fully independent from government influence, raising concerns about the regulator’s institutional autonomy.

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

Fiji does not currently possess a comprehensive legal framework governing all aspects of personal data protection. Instead, it adopts a sector-specific regulatory approach. Various legislative instruments address issues related to electronic transactions, cybercrime, and consumer protection. Notably, the Telecommunications Promulgation 2008 sets out obligations for telecommunications service providers concerning the confidentiality of customer data and the requirement to obtain consent. In addition, the Online Safety Act 2018 seeks, among other objectives, to prevent the misuse of personal information in digital environments. Additionally, the Cybercrime Act 2021 includes provisions that criminalise, inter alia, unauthorised access to computer data.

Fiji is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Lack of transparency in public procurement is reportedly a persistent issue among stakeholders in Fiji. There is a perception among foreign investors that there is a lack of transparency in government procurement and approval processes.

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

Fiji’s foreign investment regime is governed by the Investment Act 2021, which establishes a generally open investment framework. Under Art. 10, investors may invest across all sectors and regions in Fiji. The Act also allows the Government to impose ownership ceilings as a regulatory tool for restricted activities. However, the current Investment (Reserved and Restricted Activities) Regulations 2022 do not list digital trade–relevant sectors as restricted activities.

Pursuant to Art. 91 of the Companies Act 2015, every company other than a private company must have at least three directors, and at least two of those directors must ordinarily reside in Fiji. Furthermore, for private companies, at least one director must ordinarily reside in Fiji.

According to Art. 7 of the Investment Act 2021, the minister responsible for investment may prohibit a foreign direct investment for the protection of national security interests. A foreign investor intending to invest in a sector that may have potential effects on, inter alia (i) critical infrastructure such as energy, transport, communications, data storage or financial infrastructure; (ii) critical technologies such as artificial intelligence, robotics, semiconductors, technology with potential dual use application, cyber security; (iii) the security of supply of critical inputs; or (iv) access to sensitive information or the ability to control sensitive information, must submit a proposal of the investment to the Minister for an approval to invest in that sector.

Pursuant to Section 3 of the Investment (Reserved and Restricted Activities) Regulation 2022, the minimum capital requirement for foreign investment is set at FJD 300,000 (approx. USD 134,000). Certain activities listed as 'restricted' are subject to higher thresholds, but none of these are related to digital trade.

Fiji is not a party to the Patent Cooperation Treaty (PCT).

Fiji has a copyright regime under the Copyright Act 1999. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 40-82 list the exceptions, which include use for criticism or review, news reporting, research or private study, educational purposes, and judicial proceedings. It is worth mentioning that the government refers to 'fair dealing' on its website; however, the text of the law does not explicitly mention this term.

According to Art. 185 of the Customs Code of Georgia, the importation of goods whose total value does not exceed the threshold of GEL 300 (approx. USD 111), with the exception of alcoholic products, perfumes, toilet water, tobacco and tobacco products, are exempt from import duties. This threshold is lower than the USD 200 threshold recommended by the International Chamber of Commerce (ICC).