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.

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.

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

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

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

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

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

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

Madagascar has a copyright regime under Law N. 94-036 of 18 December 1995 on Literary and Artistic Property. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 42-50 list the exceptions, which include personal and teaching purposes; the reproduction and distribution by the press, broadcasting or cable communication to the public of an economic, political or religious article published in newspapers or periodicals, or a broadcast work of the same nature, in cases where the right of reproduction, broadcasting or such communication to the public is not expressly reserved; among others.

It is reported that the intellectual property authorities (OMAPI: Malagasy Industrial Property Office and OMDA: Malagasy Copyright Office) officially protect against intellectual property infringement, but the enforcement capacity is limited due to resource constraints, including low digitisation, a limited judicial system and a lack of awareness of intellectual property rights among businesses and consumers. Due to these constraints, international investors have experienced challenges in defending their interests. Madagascar does not track or report seizures of counterfeit goods, which are readily available on local markets, as are unauthorised copies of famous brands, songs and videos.

Madagascar is a party to the Patent Cooperation Treaty (PCT).

According to Art. 85, the publication director of a media communication enterprise (including journalistic publication enterprises on the Internet) must have a fiscal residence in Madagascar, be of age, enjoy civil and civic rights, and not have been the target of a judicial conviction.

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

According to Art. 49-I and II of Law No. 2016-055, any contracting authority may apply a margin of preference not exceeding 15%, to a tender submitted by an international tenderer who intends to subcontract at least 25% of the overall value of the contract concerned to a local or community small and medium-sized enterprise (SMEs). Moreover, in awarding a contract with an international scope, preference may be given to the tender submitted by a national company. This preference shall be quantified as a percentage of the tender value.

Madagascar is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).