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

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

The Gambia Information and Communication Act and the Consumer Protection Act provide a comprehensive consumer protection framework that applies to online transactions. The Consumer Protection Act 2014 contains provisions on distance-selling, which include Internet-based commerce, requirements to provide certain information prior to the conclusion of a contract (e.g. the price of the goods including taxes and delivery costs); right of cancellation and the ability for consumers to review orders and correct them, among others. In addition, the Information and Communications Act 2009 contains two sets of provisions granting protection rights with respect to contractual terms and dispute resolutions and consumers of information service societies.

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

The ".gm" ccTLD is managed by NIC. In addition, the Information and Communications Act 2009 grants the Public Utilities and Regulatory Authority, (the ICT regulator) the authority to lay down rules regarding to electronic addressing of electronic communications services and related services, including allocation and use. It is reported that the organization/entity applying for a ".gm" domain name must show strong ties to the country, and domain names must reflect registered business names, trademarks, or similar.

The Gambian Companies Act 2013 and the Gambian Single Window Business Registration Act 2013 require all companies to register with the Companies Registry. It is reported that, in practice, the Gambian Companies Registry requires that a foreign director who is not resident in the Gambia appoints an agent to represent him/her in The Gambia. In addition, Section 13 of the Gambia Single Window Business Registration Act 2013 require all directors to register their personal details with the Business Registry.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

The Gambian standards generally require local testing for electrical products for certification. Audio and video products such as TVs and LCD panels and similar apparatus marketed in The Gambia are required to be tested locally. Audio and video products are certified only after conformity assessments have been carried out by The Gambia Standards Bureau (TGSB). Therefore, self certification by foreign business is not allowed.

The Gambian laws do not allow for self-certification for telecommunications, radio and wireless equipment. Foreign imports and domestic goods are required to get certification (Gambian marking) after testing, for the Gambian Standards Bureau (TGSB). This ensures compliance with the published national standards on electro-technical which follow ISO/ IEC specifications. However, test certificates from foreign laboratories are accepted by the TGSB for accreditation due to the limitations of local testing laboratories.

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

The Gambia has a law requiring user identity and monitoring of the digital space and content through the Gambia SIM Card Registration Regulations 2011. In 2019, the national regulator (Public Utilities Regulatory Authority) fined the country's largest mobile operator, Africell, for breaching the law by selling point-of-sale activated SIM cards to customers without registering their identity details.

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

The Information and Communication Act 2009 empowers the Public Utilities Regulatory Authority (the public authority that supervises ICT in the Gambia) when exercising its powers relating to frequency monitoring to intrude, monitor, intercept and store data communication for surveillance purposes without judicial oversight. (Section 138 ICA 2009). This means that government surveillance can be conducted without court orders. Moreover, it is reported that investigative authorities need only cite suspicious activity to request technology companies to monitor the communications of users.

In December 2019, the Attorney General and Minister of Justice introduced amendments to the Information and Communications Act 2009 to provide judicial oversight/monitoring for government surveillance, but The Gambian parliament rejected the amendments.

The Gambia does not have a general data protection legislation. However, certain data protection requirements can be found in the Gambian Information and Communications Act 2009, and the Gambia Draft Data Protection and Privacy Policy 2019. The latter has no force of law, therefore it is not legally binding. It is only a policy document on data transfer and privacy.