It is reported that certain restrictions apply to obtaining a telecommunications licence, including differentiated conditions for foreign-controlled operators, a legal limit on the number of licences, a minimum capital requirement, and other licensing criteria. However, these restrictions are not explicitly outlined in the regulatory texts. The overall framework for licensing in the telecommunications sector is set forth in Chapter V of the National Telecommunication Act.

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

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

Section 323.4 of the Companies Act stipulates that small companies shall be exclusively owned by South Sudanese nationals. According to Section 323.3, a company qualifies as a small-sized private company if its turnover for the preceding accounting period is below a threshold specified by the government, it employs no more than seven individuals, and its share capital does not exceed an amount prescribed by the government. Furthermore, Section 323.5 mandates that financially capable South Sudanese nationals must hold a minimum of 31% of the shares in medium and large private companies. Section 323.6 defines a medium or large private company as one with share capital not less than an amount prescribed by the government. These regulatory restrictions reportedly extend to sectors pertinent to digital trade, including telecommunications, internet services, and computer-related services.

South Sudan has a telecommunications authority: The National Communication Authority. However, it is reported that this entity is not fully independent.

Section 241 of the Companies Act mandates that at least one director of the company should be a resident of South Sudan.

Section 21 of the Investment Promotion Act outlines the process for screening and approving FDI applications prior to the issuance of an investment certificate by the Southern Sudan Investment Authority. Section 22 specifies the conditions required for granting such a certificate, including provisions for job creation and technology transfer. It has been reported, however, that the government does not publicly disclose details regarding its application screening procedures.

It is reported that the legal structure for intellectual property rights (IPR) is weak, and enforcement is lax in South Sudan. While the 2009 Investment Promotion Act includes an article on the protection of IPR in Section 35, neither the legislature nor any government ministry implemented laws or regulations governing trademarks, copyrights, or patents. It is reported that limited protection is obtained through filing a cautionary notice.

South Sudan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). South Sudan is not a member of the WTO but holds observer status.

The Consumer Protection Act 68 of 2008 (CPA) provides a comprehensive framework for consumer protection that also applies to online transactions. Section 43 of the Act establishes specific requirements for online retailers and other suppliers of goods and services who conduct transactions with consumers over the Internet or other electronic channels.

South Africa has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

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

South Africa has not 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. 5 of Directive No. 1 of 2020, the National Payment System Act, card issuers must be participants in the domestic clearing system. Additionally, domestic merchants must use local card acquirers, and foreign card issuers are prohibited from issuing domestic cards for domestic transactions unless they are also participants in the domestic clearing system. A clearing system participant is defined as a bank, a mutual bank or a cooperative bank, a designated clearing system participant, or a branch of a foreign institution, as contemplated in the NPS Act, and a member of the payment system management body (Payments Association of South Africa is the payment system management body recognised by the South African Reserve Bank, in terms of the National Payment System Act, to organise, manage and regulate the participation of its members in the payment system). On the other hand, card issuer means a clearing system participant and a member of a card scheme that has entered into a contractual relationship with a cardholder, in terms of which a card is issued to effect a payment, withdraw cash or transfer funds. Lastly, a card acquirer is defined as a clearing system participant and a member of a card scheme that enters into a contractual relationship with a merchant and the card issuer for the purpose of accepting and processing card transactions.