Section 141 (8) of the Information and Communications Act stipulates that information and communications service providers shall retain subscriber data for compliance with the disclosure requirements set out in subsection. In particular, they have to retain:
- the telephone number or other identifier of the subscriber terminal for three years from the date when the contract is terminated; and
- general subscriber data for three years.
In Section 2, information and communications services means a service normally provided for remuneration which consists of the conveyance of signals on information and communications networks, including information and communications services and transmission services in networks used for broadcasting as well as services providing or exercising editorial control over content transmitted using information and communications networks.
On the other hand, Section 181(1) of the Act requires that certain documents, records, or information be retained in the form of electronic records for accessibility that enables the identification and origin of electronic records. The documents that are retained are automated and transaction electronic documents, records and information (Section 176) either in its original form or an unaltered copy. There is no specified timeframe for the retention of electronic records.

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

Section 9 of the Gambia Draft Data Protection and Privacy Policy 2019 allows for cross-border transfer of personal data only where an appropriate level of protection is guaranteed. This is the case when:
- An assessment by the Gambian data controller that the receiving country has protective measures for data received under international agreements or approved standardised and binding safeguards;
- A data subject has given explicit, specific and free consent, after being informed of risks arising in the absence of appropriate safeguards ensuring data protection;
- Legitimate interests such as public interests.
However, being a guideline, this policy has no force of law and therefore is not legally binding.

Gambia has an independent telecom authority, the entity in charge of the regulation of telecommunications is The Gambia Public Utilities Regulatory Authority. Section 15 (Independence of the Authority) of the Gambia Public Utilities Regulatory Authority Act, 2001 establishes that the Authority shall not be subject to the direction or control of any person or authority in the performance of its functions or exercise of its powers under this Act and shall act in all matters and at all times impartially.

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

It is reported that Gambia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

There is a wholly State-owned company called the GAMTEL, which has a monopoly on the internet gateway, even though it has granted other service providers permission to operate international data links. This may act as a restriction to digital trade. The Public Utilities Regulatory Authority (ICT Regulator) monitors for anti-competitive practices in the telecommunications market to ensure there is competition in the market.

Gambia does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Trade secrets and know-hows are protected by Section 36 under the unfair competition provisions of the Industrial Property Act 2007.

It is reported that is no obligation for passive infrastructure sharing in Gambia to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.

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

It is reported that the IPR environment is weak and characterized by a lack of regulations, although efforts are being made to establish and enforce regulations - which was largely impossible until recently due to the lack of expertise in the field.

Gambia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Gambia has a copyright regime under the law Gambian Copyrights Act 2004. However, the exceptions does not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 27-37 list the exceptions, which include private reproduction for personal purposes; reproduction in the form of quotation; among others.

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

According to Section 38 of the Gambia Industrial Property Act, it is mandatory for an applicant whose ordinary residence or principal place of business is outside The Gambia to be represented by a legal practitioner resident and practicing in The Gambia.