Art. 63 of Law No. 2017-07 of June 22, 2017 on Electronic Transactions requires service providers to hold and retain, at least for a period of one year, data of such a nature as to allow the identification of anyone who has contributed to the creation of the content or any of the content of the services they provide.

Chapter VI of Law No. 2019-014 on the protection of personal data provides that data controllers are required to appoint a personal data protection correspondent.

According to Art. 95 of Togo’s 2012 Electronic Communication Law, cryptology services providers are required to keep for one year content and data allowing the identification of anyone who has used their services and providing the technical means that enable the identification of those users. The service providers are required to avail of this data, on request, to the investigating judge, the Prime Minister, the Minister for Economy and Finance, the Minister of Defence, the Minister of Justice, and the Minister of Security.

Law No. 2017-07 of June 22, 2017 on Electronic Transactions establishes a safe harbour regime for intermediaries for copyright infringements. According to Arts. 55 and 56 of the law, electronic communication operators are subject to civil or criminal liability for the content stored or transmitted on their networks only in cases where:
- they are at the origin of the disputed request for transmission;
- they select the receipt of the transmission;
- they select or modify the content being transmitted;
- they did not promptly remove or block access to the illegal content upon becoming aware of it or upon receiving a served judicial order.

Law No. 2017-07 of June 22, 2017 on Electronic Transactions establishes a safe harbour regime for intermediaries for copyright infringements. According to Arts. 55 and 56 of the law, electronic communication operators are subject to civil or criminal liability for the content stored or transmitted on their networks only in cases where:
- they are at the origin of the disputed request for transmission;
- they select the receipt of the transmission;
- they select or modify the content being transmitted;
- they did not promptly remove or block access to the illegal content upon becoming aware of it or upon receiving a served judicial order.

In July 2021, a SIM card registration and limitation of subscriptions per individual and network campaign was launched by the telecommunications regulatory authority ARCEP, supported by leading telecom operators Moov Africa Togo and TogoCom. The SIM registration requirements include a national identity card or passport and the collection of biometric and demographic data.

The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Togo for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."

Art. 28 of Law No. 2019-014 on the protection of personal data states that data can only be transferred abroad if the third country ensures an adequate level of privacy protection. Art. 29 permits a transfer of data provided that the transfer is one-off, not massive and that the person to whom the data relates has expressly consented to its transfer, or if the transfer is necessary under specific conditions. Moreover, according to Art. 30, the Data Protection Authority may authorise the transfer of data if the data controller provides sufficient guarantees with regard to the protection of privacy, fundamental rights and freedoms of the persons concerned and the exercise of the corresponding rights.

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

Togo has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

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

Art. 94 of the Electronic Communication Law obliges encryption service providers to comply with lawful interception orders. Refusal to provide secret decryption codes to government agencies is punishable by a fine between USD 3,544 and USD 14,178. However, Art. 628 of Law No. 2015-10 of November 24, 2015 on the New Penal Code refers to the criminal offence against disclosure of information pertaining to a company's business secret.

Togo 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 Togo, since 2002.

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

The incumbent telecommunications company in Togo, TogoCom, initially fully owned by the government, underwent partial privatisation under Decree No. 2019-142/PR. This decree permitted up to 51% of the company’s shares to be transferred to the private sector, resulting in a 51% acquisition by Agou Holding consortium, made up of the Madagascan conglomerate Axian (majority) and the capital-investor Emerging Capital Partners (ECP). Although no legal framework restricts foreign capital in the telecommunications sector, the Togolese Government maintains a 49% stake.