Senegal has a telecommunications authority: The Telecommunications and Postal Regulatory Authority (ARTP). However, it is reported that this entity is not fully independent.

In 2021, state agencies in Senegal were reportedly mandated to transfer data in their possession to a government-established data centre located in Diamniadio. However, it was not until November 2023 that these agencies began actively transferring their data to the national storage facility.

According to Art. 49 of the Personal Data Act (Law No. 2008-12), data may only be transferred to a third country if that country ensures a sufficient level of protection for the privacy, freedoms, and fundamental rights of individuals, as assessed under Senegalese law. Additionally, under Arts. 50 and 51, local exporters may transfer data to a third country that does not guarantee an adequate level of protection, provided certain safeguards are in place, such as obtaining the consent of the data subject, or demonstrating the necessity of the transfer.

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

Law No. 2008-12 provides a comprehensive regime of data protection in Senegal. The Law provides an essential data protection framework, including requiring data processing notifications, setting out fundamental data subject rights, and regulating data transfers.

Senegal has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Senegal does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Senegal, since 2002.

It is reported that there is an obligation for passive infrastructure sharing in Senegal to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

It is reported that the Government holds a minority stake (27%) in Sonatel-Orange Senegal, the country's largest Internet and mobile communications provider.

In accordance with Art. 52 of the Public Procurement Code, participation in public contracts is reserved for Senegalese and community companies that are regularly licensed (or exempted from licensing) and are registered in the trade register. An exception to this rule is made when the contracts concerned cannot be performed by Senegalese or community companies when the financial scale of the contract or its technical complexity makes it impossible to guarantee transparent competition due to the low level of local competition. In these two cases, foreign companies may bid for public contracts in Senegal. This restriction is found in Art. 52 of all decrees on the Public Procurement Code since September 2010, with the exceptions being added and modified subsequently.

According to Art. 50 of Decree No. 2022-2295, for contracts awarded on the basis of an international call for tenders, preference is given to candidates governed by Senegalese law or West African Economic and Monetary Union (WAEMU) member countries and to candidates whose bids include only products of Senegalese origin or from WAEMU member countries, over candidates governed by non-Community law, provided that their bids are not more than 15% higher than those of the lowest bidder.

According to Art. 6 of Decree No. 2022-2295, contracting entities with an annual budget exceeding an amount defined by the order of the Minister of Finance are obliged to dedicate 5% of the total value of their annual contracts to social economy actors and national SMEs. Within this percentage, 2% is reserved for SMEs led by women.

According to Art. 48 of Decree No. 2022-2295, the holder of a public works or public service contract may subcontract up to 40% of the contract's value. Priority must be given to small and medium-sized enterprises (SMEs) governed by Senegalese law or to SMEs within the Community.

Pursuant to Art. 60 of Decree No. 2022-2295, contracting authorities may incorporate local content requirements among the award criteria in tender documents. These may include (i) employment and vocational training initiatives; (ii) efforts to integrate artisans, social economy structures, and local small and medium-sized enterprises (SMEs); and (iii) specific measures related to sustainable development, such as waste management. These criteria must be clearly outlined in the specifications and quantified either in monetary terms or as evaluation criteria.

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