Art. 12 of the Ordinance regulating Cybersecurity and the Fight Against Cybercrime requires network operators and electronic communication service providers to keep the connection and traffic data in their facilities for a period of ten years. The same requirement applies to information systems operators as per Art. 16. This is despite the sub-regional legislation of CEMAC to which Gabon belongs, which provides for a maximum period of two years during which the States can allow operators to keep traffic data for security reasons.

Art. 125 of Law No. 025/2023 specifies the circumstances in which the appointment of a data protection officer (DPO) is mandatory: when processing is undertaken by a public authority or body, except for courts acting in a judicial capacity; when the core activities of the controller or processor involve processing operations that, by their nature, scope, or purpose, necessitate regular and systematic large-scale monitoring of data subjects; and when such activities entail large-scale processing of sensitive data or data relating to criminal convictions. Pursuant to Art. 138, the DPO is tasked with ensuring compliance with the law across all processing activities of the appointing entity. In this role, the DPO must inform and advise the controller or processor and relevant staff of their legal obligations; monitor adherence to the law and internal data protection policies, including responsibility allocation, staff awareness, training, and audits; provide opinions on data protection impact assessments and verify their implementation; and cooperate with the APDPVP, including during prior consultations, while offering advice on any related matters as appropriate.

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

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

It is reported that Gabon imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.

Arts. 12 and 16 of the Ordinance Regulating Cybersecurity and the Fight Against Cybercrime require network operators, electronic communication service providers and information system operators to install data traffic monitoring mechanisms in their networks. This data can be accessible during judicial investigations.

According to Art. 3 of Order No. 000198/MENCP/MPMEAC/MEEDD determining the procedure for importing telecommunications equipment into the Gabonese Republic, any import of telecommunications equipment or material, including any transmission medium, except those used for the needs of National defence and Public Security and those dedicated to the production and programming activities of sound or television broadcasting, is subject to the presentation of a Special Import authorisation (ASI) issued jointly by ARCEP and the General Directorate of Commerce.

Arts. 171 to 174 of Law No. 025/2023 provide that cross-border transfers of personal data from Gabon are, as a general rule, subject to prior authorisation by the national data protection authority, which must ensure that the destination country offers an adequate level of protection for privacy and fundamental rights. This requirement is not absolute: transfers to countries lacking such adequacy may proceed without prior authorisation if the data subject has given explicit consent and the transfer is necessary for specific purposes, including the protection of life, the safeguarding of public interest, compliance with legal obligations, or the performance of a contract. In addtion, the authority or, in certain cases, a government decree may permit transfers based on contractual clauses or internal rules that guarantee sufficient protection. The authority retains the power to prohibit or suspend transfers to jurisdictions failing to meet adequacy standards and to lift such measures once compliance is achieved.
Similar restrictions were already present in the previous Law No. 001/2011, specifically in Arts. 94 to 96, which also regulated international data transfers and imposed conditions.

There are no limits on foreign ownership or control in Gabon. Investments in Gabon are governed by the Gabonese 1998 Investment Charter of 1998, which is aligned with the Central African Economic and Monetary Community (CEMAC) investment regulations. The Charter provides the same rights to foreign companies operating in Gabon as to domestic firms.

According to the Bangui Agreement, ratified by 17 French-speaking States, including Gabon, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.

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

Gabon has a clear regime of copyright exceptions, which enables the lawful use of copyrighted work by others without obtaining permission (Arts. 33-37 of Law No. 1/87). The regime follows the fair use model. In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Gabon and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights). Although the Agreement establishes a set of copyright exceptions, these do not adhere to the fair use or fair dealing models.

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

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

According to Art. 30 of Ordinance No. 00000015/PR/2018 February 2018 regulating cybersecurity and the fight against cybercrime in the Gabonese Republic, the service provider or the person providing or importing a cryptology service has to make it available to the competent cryptology authority a description of the technical characteristics of this means of cryptology, as well as the source code of the software used. Also, following Art. 34, when it appears that the data entered or obtained during the investigation have been the subject of transformation operations preventing unencrypted access or are likely to compromise the information that they contain, the Public Prosecutor, the Examining Magistrate or the trial court may demand any qualified natural or legal person, with a view to carrying out the technical operations making it possible to obtain the unencrypted version of said data.