Section 38 of Malawi’s Data Protection Act prohibits the transfer of personal data from Malawi to another country or international organisation unless the recipient is subject to a legal or institutional framework that ensures an adequate level of protection. This includes laws, binding corporate rules, contractual clauses, codes of conduct, or certification mechanisms. Under Section 39, the Malawi Communications Regulatory Authority is empowered to assess adequacy, either on its own initiative or upon application. The assessment considers factors such as the enforceability of data subject rights, respect for the rule of law and human rights, the existence of effective data protection legislation, independent supervisory authorities, and relevant international commitments. Where adequacy is not established, Section 39(4) permits transfers only under specific conditions, such as explicit informed consent, contractual necessity, or where the transfer is clearly in the interest of the data subject and obtaining consent is impracticable. Section 40 requires that any adopted binding corporate rules, codes of conduct, or certification mechanisms be submitted to the Authority.

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

The Data Protection Act establishes a comprehensive regime for data protection in Malawi. It repeals the data protection provisions contained in the Electronic Transactions and Cyber Security Act, 2016, and designates the Malawi Communications Regulatory Authority (MACRA) as the national data protection authority. The Act applies to the processing of personal data within Malawi, including by entities outside the country that offer goods or services to, or monitor the behaviour of, individuals in Malawi. It excludes processing undertaken solely for personal or household purposes, as well as the mere transmission of data through Malawi. The Act imposes obligations on data controllers and processors, including mandatory registration for those of significant importance. These entities are required to comply with the Act within six months of its commencement, while others are granted a 24-month grace period. MACRA is empowered to investigate potential or actual violations of the Act.

Section 13 of the Access to Information Act mandates information holders to maintain information for a period of seven years from the date on which the information is generated by the institution or on which the information comes under its custody or control. If that information is exempted from disclosure, it may be kept for a longer period. Section 2 establishes that information holder means a public body and a relevant private body, and according to Section 3, this Act shall apply to information in custody or under the control of any information holder listed in the Schedule. Among the information holders to which the Act applies are the institutions and organisations, whether established by or under an Act of Parliament or otherwise, in which the Government hold shares or exercises financial or administrative control and persons in the service of those institutions and organisations, and organisations contracted by Government to do work for the Government and persons in the service of those organisations.
Furthermore, Section 17 of the Electronic Transactions and Cybersecurity Act establishes that where any written law requires that a document, record or information shall be retained, that requirement shall be satisfied if the document, record or information is held in electronic form. Such document, record or information shall be kept in electronic form for at least seven years.

Section 30 of the Data Protection Act stipulates that data controllers are obliged to undertake a data protection impact assessment (DPIA) where the envisaged processing is likely to give rise to significant risks to the rights of data subjects. The Act delineates categories of high-risk processing, including the use of automated processing systems, profiling, the large-scale processing of sensitive data or data relating to criminal convictions, and the large-scale monitoring of publicly accessible areas. The resulting DPIA report must be submitted to the Malawi Communications Regulatory Authority (MACRA) prior to the commencement of processing. Also, data controllers are required to review and, where necessary, update the DPIA when the nature or level of risk has changed.
In addition, Section 33 provides that, where a data controller or processor constitutes a public authority other than a court, or its core activities involve either large-scale monitoring or the large-scale processing of sensitive data, the Act requires the appointment of a data protection officer to discharge the responsibilities prescribed therein.

The Electronic Transactions and Cybersecurity Act of 2016 establishes a safe harbour regime for intermediaries for copyright infringements. Sections 25 to 30 of the Act protect an Intermediary service provider from liability to civil or criminal proceedings for any electronic information under its service provided that it neither initiated transmission of the message nor modified it and that it was not aware of the unlawful character of the stored information. Additionally, protection is provided if the intermediary service provider expeditiously removed or disabled access to the information when served with a takedown notice issued under the Act.

Malawi has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

The Law in Malawi, according to Sections 52 and 53 of the Electronic Transactions and CyberSecurity Act of 2016, requires cryptography services or products to be registered by the Communications Authority. Additionally, the use, importation, and exportation of encryption programs and encryption products is subject to authorisation by the government. In addition, Section 67 of the Act mandates encryption services providers to declare to the Authority the technical characteristics of the encryption means as well as the source code of the software used. Violation of these regulations is a criminal offence punishable by up by imprisonment and a fine.

Malawi has no rules applicable to the protection of trade secrets.

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

Section 35 of the Communications Act mandates an electronic communications licensee (Network and Application Services) to maintain a shareholding by nationals of at least 20%.

It is reported that the government has a 20% share in Malawi Telecommunications Limited (MTL).

It is reported that Malawi does not require accounting separation for operators with significant market power (SMP) in the telecom market. However, functional separation is legally required.

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

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