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

Section 1 of the Subscriber Identity Module (SIM) Registration Regulations, 2011, stipulates that a network operator or service provider shall not activate a SIM card unless the subscriber has completed the SIM registration process. Section 2 outlines the requirements for SIM registration, specifying that the network operator or service provider must collect (a) the subscriber's name and residential or occupational address, (b) the date of (i) birth, in the case of an individual; (ii) incorporation, in the case of a body corporate; or (iii) registration, in the case of a partnership or an unincorporated body of persons; and (c) an identification document.

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

There is a wholly State-owned company called 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.

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

According to Art. 31 of the Gambia Investment and Export Promotion Agency Act, there are no restrictions on the total equity share of foreign firms in The Gambia unless it is a strategic industry, which is mining and petroleum exploration only. Foreign firms are allowed total or partial equity shares in the Gambia in sectors relevant to the digital economy.

The Gambia Investment and Export Promotion Agency Act 2015 (GEIPA Act 2015) promotes mutually beneficial foreign investments and permits foreign investors to engage in all lawful economic activities in The Gambia, except activities that are prejudicial to national security, detrimental to the natural environment, public health, or public morality, or which contravene the laws of The Gambia. There is generally no mandatory screening for foreign direct investments. However, for national security purposes, screening may be required if there is suspicion of money laundering or terrorism financing. Screening for such purposes is done by asking for business registration documents and bank statements and verifying requested documents.
Moreover, according to the Environmental Impact Assessment Regulations 2014, it is also required to conduct an Environmental Impact Assessment (EIA) for foreign investments that impact the environment, such as the installation of electrical or ICT lines. For EIA, an application for environmental approval is made, and a screening form is presented to the applicant, which is to be completed and returned to the Environmental Agency for screening. If the agency is satisfied with the requirements for environmental impact, a screening report and an environmental approval are issued. These general restrictions have not been reported to restrict foreign investments.

According to Section 38 of the 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 practising in The Gambia.

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

Gambia has a clear regime of copyright exceptions that follows the fair dealing model, allowing individuals to lawfully use copyrighted works without obtaining prior permission. The Copyright Act 2004 specifies that no copyright infringement occurs when folklore-protected expressions and programme-carrying signals are performed through fair dealing for private and domestic use. However, if the use is public, it must be accompanied by an acknowledgement of the title of the work and its source. Such fair dealing is permitted for purposes including scientific research, private use, criticism, review, or the reporting of current events.

It is reported that the intellectual property rights (IPR) environment is weak and lacks comprehensive regulations. However, efforts are being made to establish and enforce such regulations, a task that was largely unfeasible until recently due to the limited expertise in the field.

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

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

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-how are protected by Section 36 under the unfair competition provisions of the Industrial Property Act 2007.