Madagascar has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

According to Art. 2 of Decree No. 2009-048, e-payments relating to current transactions between a person resident in Madagascar and foreigners or non-residents of Madagascar are free but may only be made through licensed intermediaries. In addition, according to Art. 21 of the law, capital transactions and financial operations between a person resident in the Republic of Madagascar and those residents abroad carried out by holders of foreign currency accounts subscribed in the name of residents remain subject to prior authorisation by the Ministry of Finance. Furthermore, pursuant to Art. 22 of the law, transfers from one foreign currency account to another foreign currency account are not authorised between residents except in limited cases.
According to the Law on Electronic Money and Electronic Money Institutions, only licensed electronic payment institutions may provide online payment services (Arts. 2-3). The limits of the transactions are determined by the agreement between the institution and the user. In practice, access to online payment is therefore limited.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 20, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

According to Art. 17 of Law No. 2005-023 of 17 October 2005 on the Institutional Reform of the Telecommunications Sector, all radio-electrical equipment intended for connection to a public network must be approved by the Regulatory Agency (ARTEC) or by a laboratory authorised or recognised by it. The Regulatory Agency is responsible for publishing and periodically updating a list of authorised laboratories whose approvals it automatically recognises. Once approval is granted for a specific brand and type of terminal equipment, any unit of that brand and type is immediately authorised for distribution and use. This approval is mandatory for all radio installations, regardless of whether they will connect to a public network. In practice, however, the website acknowledges ARTEC as the exclusive authority for approvals and has yet to publish a list of recognised laboratories.

According to Decision No. 01 of the Ministry of Finance and Budget, wholesale trade is to be subjected to authorisation by the Directorate General of Taxes, equivalent to a licence. The decision granting this authorisation does not distinguish between physical trade and online trade as long as wholesale trade is conducted in Madagascar.

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

Although Art. 3 of the Law No. 2023-002 of 27 July 2023 on Investment stipulates that any natural or legal person, Malagasy or foreign, is free to invest and settle on the national territory, it is reported that foreign investors can own up to 66% of shares in the telecom sector.

It is reported that Madagascar does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

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

It is reported that the Regulatory Authority of Communication Technologies (ARTEC), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

According to Art. 20, any personal data may be transferred only to countries that have legislation ensuring a level of protection for individuals similar to that provided by Malagasy law. Exceptionally, and with the agreement of the Malagasy Commission on Information Technology and Liberties (CMIL), the transfer of personal data is possible when the data controller presents sufficient guarantees for the protection of privacy and the fundamental rights and freedoms of individuals. In addition, it is also permitted when the individual concerned gives his/her full consent when it is in his/her interest or for the performance of a contract concerning that individual.

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

Law No. 2014 - 038 provides a comprehensive regime of data protection in Madagascar. The Law declares that the processing of personal data is based on four main pillars, namely the principles of legitimate purpose and fairness of collection and processing, the existence of data subjects' rights, the presence of an independent supervisory authority, and the establishment of an enforcement regime. In relation to its scope of application, the Law covers the processing of personal data carried out by controllers established on the state territory, as well as processing that utilises means that are located on the national territory, even when the controller is not established in Madagascar. The Malagasy Commission on Information Technology and Liberties (CMIL), the independent authority responsible for the compliance with the principles provided in the Law, has not yet been established.

According to Art. 51 of the law, any data controller (for all sectors) shall appoint a data protection officer (DPO). The designation of the DPO is notified to the Malagasy Commission on Information Technology and Liberties (CMIL) by any written procedure. The Commission shall keep an updated list of the designated delegates.

A basic legal framework on intermediary liability for copyright infringement is absent in Madagascar's law and jurisprudence.