South Africa has implemented a conditional flow regime that takes inspiration from the European model. According to the Protection of Personal Information (POPI) Act 4 of 2013, Chapter 9, Art. 72, data can be transferred to third countries only when:
- the recipient is subject to a law, binding corporate rules or a binding agreement that: » upholds principles for reasonable processing of information that are substantially similar to the conditions contained in POPI; and » includes provisions that are substantially similar to those contained in POPI relating to the further transfer of personal information from the recipient to third parties who are in another country;
- the data subject consents to the transfer;
- the transfer is necessary for the performance of a contract between the data subject and responsible party, or for the implementation of pre-contractual measures taken in response to the data subject’s request; and/or
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the responsible party and a third party, or the transfer is for the benefit of the data subject and: » it is not reasonably practicable to obtain the consent of the data subject to that transfer, and » if it were reasonably practicable to obtain such consent, the data subject would be likely to give it.

Sections 29 and 30 of the Tax Administration Act provide for restrictions in relation to electronic business and tax records. Specifically, Section 30(1)(b) requires that the records, books of account, and documents referred to in Section 29, must be kept or retained by tax payers (or their agents) in the form, including electronic form, as may be prescribed by the Commissioner of the South African Revenue Service (SARS) in a public notice appeared in the Government Gazzette No. 787.
The Public Notice provides that the electronic records must be in an acceptable form that satisfies the standards contained in the Electronic Communications and Transactions, 2002 (Act 25 of 2002); the records must be easily accessible for inspection by SARS at all reasonable times, if required; and the records must be kept and maintained at a place physically located in South Africa, unless otherwise authorised by SARS. However, such authorisation will only be given if, among other things, SARS is satisfied that the records can be accessed from South Africa and that their foreign location will not impair accessibility of the records.

According to the Independent Communications Authority of South Africa Act, the Independent Communications Authority of South Africa (ICASA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Chapter 3 of the Electronic Communication Act provides a framework for licensing procedures for electronic service providers, including telecom operators. According to Section 9, holders of individual licenses must have a minimum of 30% of equity held by persons from historically disadvantaged groups.

South Africa has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Telkom is majority state-owned (55.3%) with the South African government owning 40.5% of the shares, while another 14.8% are owned by another state-owned company - the Public Investment Corporation (PIC), which is closely linked to the South African government. Moreover, Broadband Infraco is a fully state-owned company that provides wholesale telecommunications infrastructure services to other telecommunications providers in South Africa. The company was established in 2007 as part of the government's efforts to increase competition and improve access to telecommunications services in the country.

It is reported that South Africa does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.

It is reported that there is no obligation for passive infrastructure sharing in South Africa to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.

The State of South Africa exclusively owns Broadband Infraco, a state-licensed telecommunications company. The State is the only shareholder and member of Infraco, as stipulated in Art. 3 of the Broadband Infraco Act No. 33 of 2007. As a result, the Minister has the power to act on behalf of the State and exercise all the rights and benefits associated with Infraco's ownership, including shareholder and membership rights, to the exclusion of other stakeholders.

South Africa does not have specific legislation governing trade secrets or know-how, though they can be effectively protected under South African common law.

South Africa has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1997, but has not ratified it.

South Africa has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1997, but has not ratified it.

Copyright is not adequately enforced online in South Africa. It has been reported that enforcing copyright online in the country is challenging, particularly in the music, film, and software industries. Online piracy and infringement of copyright laws are prevalent in the country, and many entities, locally and internationally, have expressed concerns about inadequate enforcement mechanisms and legal frameworks. In addition, it is reported that South Africa failed to reach the mandated levels of copyright protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), especially regarding the enforcement of online copyright and piracy. Moreover, industry associations such as the Southern African Music Rights Organization (SAMRO) and the Recording Industry of South Africa (RiSA) have also raised concerns about widespread piracy and infringement of copyright laws in the country. However, it is reported that the rate of unlicensed software installation in the country was 32% in 2017 (below the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 241 million.

South Africa is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.

South Africa has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Section 12 of the Copyright Act list the exceptions, which include private reproduction for personal purposes; reproduction and other utilisation for teaching and scientific non-commercial purposes; reproduction, broadcasting, and other communication to the public for informatory purposes; among others.