Section 17 of the Protection of Personal Information Act (POPIA) requires companies to designate an information officer and, if necessary, deputy information officers to ensure compliance with the provisions of POPIA. The role of information officer is covered by default by the head of a company.

The Electronic Communications and Transaction Act establishes a safe harbour regime for intermediaries for copyright infringements. Chapter XI of the Act (25 of 2002) details the limitation of liability for intermediaries. Specifically, Sections 74-76 of Chapter XI provide a safe harbour for intermediaries, such as internet service providers (ISPs), while Section 77 provides information about take-down.

The Electronic Communications and Transaction Act establishes a safe harbour regime for intermediaries beyond copyright infringements. Chapter XI of the Act (25 of 2002) details the limitation of liability for intermediaries. Specifically, Sections 74-76 of Chapter XI provide a safe harbour for intermediaries, such as internet service providers (ISPs), while Section 77 provides information about take-down.

South Africa does not have specific legislation governing trade secrets or know-how, though they can be effectively protected under South African common law.

According to Section 40 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002, the buyers of SIM cards must provide valid identification (such as a passport or National ID card) and proof of residence for the SIM purchased in South Africa. The Act was amended in 2008 to include a requirement to register SIM cards in a central database.

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

The State of South Africa exclusively owns Broadband Infraco, a state-licensed telecommunications company. The State is the only shareholder and member of Infraco, as stipulated in Art. 3 of the Broadband Infraco Act No. 33 of 2007. As a result, the Minister has the power to act on behalf of the State and exercise all the rights and benefits associated with Infraco's ownership, including shareholder and membership rights, to the exclusion of other stakeholders.

It is reported that Telkom, a major wireless telecommunications provider, is largely state-owned, with the South African government holding 40.5% of its shares and an additional 14.8% owned by the Public Investment Corporation (PIC), a state-owned entity closely linked to the government. Additionally, Broadband Infraco, founded in 2007, is fully state-owned and provides wholesale telecommunications infrastructure services to other providers in South Africa. This initiative was part of the government’s strategy to boost competition and broaden access to telecommunications services within South Africa.

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

According to Art. 64.1 of the Electronic Communications Act, South Africa has imposed restrictions on foreign control of commercial broadcasting services. A foreign entity is prohibited from directly or indirectly exercising control over a commercial broadcasting licensee or holding a financial interest, or any interest in voting shares or paid-up capital, in a commercial broadcasting licensee exceeding 20%.
As defined in Art. 1 of the Act, "broadcasting" refers to any form of unidirectional electronic communication intended for reception by: (a) the public; (b) sections of the public; or (c) subscribers to any broadcasting service. This communication may be conveyed by means of radio frequency spectrum, any electronic communications network, or a combination.
Furthermore, under Art. 4 of the Digital Sound Broadcasting Services Regulation, existing sound broadcasting service licensees are permitted to simulcast their current sound broadcasting programme(s) on both analogue and digital platforms.

The State of South Africa exclusively owns Broadband Infraco, a state-licensed telecommunications company. The State is the only shareholder and member of Infraco, as stipulated in Art. 3 of the Broadband Infraco Act No. 33 of 2007. As a result, the Minister has the power to act on behalf of the State and exercise all the rights and benefits associated with Infraco's ownership, including shareholder and membership rights, to the exclusion of other stakeholders.

According to Art. 64.2 of the Electronic Communications Act, not more than 20% of the directors of a commercial broadcasting licensee may be foreigners. Additionally, according to Art. 4 of the Digital Sound Broadcasting Services Regulation, existing sound broadcasting service licensees may simulcast their existing sound broadcasting programme(s) on analogue and digital platforms.

It is reported that merger and acquisition-related FDI is scrutinised closely for its impact on jobs and local industry. Sections 13-14 of the Competition Act of 1998 set out the approval mechanism for mergers. In addition, Section 14 of the Competition Amendment Act of 2018 amends Section 18A of the Competition Act, adding a screening in case the implementation of a merger involving a foreign acquiring firm may have an adverse effect on the national security interests of the Republic. National security interests are defined broadly, including "critical infrastructure" sectors.

According to Art. 23.1 of the Companies Act, any external company, defined in the law as an entity incorporated outside the country conducting business within South Africa, must register with the Commission within 20 business days after it begins to conduct business in the country. Additionally, according to Art. 23.3 of the law, each company must maintain at least one office in the Republic and register the address of its office or its principal office if it has more than one office. A company falls under the definition of "external company" when holding a meeting or meetings of the shareholders or board of the foreign company or otherwise conducting the internal affairs of the company; establishing or maintaining any bank or other financial accounts; establishing or maintaining offices or agencies for the transfer, exchange or registration of the foreign company’s securities; creating or acquiring any debts, mortgages or security interests in any property; securing or collecting any debt, or enforcing any mortgage or security interest; acquiring any interest in any property; and entering into contracts of employment.

Practical restrictions on patent enforcement have been recorded in the country, including a lack of transparency, lengthy proceedings, and non-deterrent sanctions. These include:
- Non-infringement opinions: The South African courts have emphasised the importance of obtaining a non-infringement opinion before pursuing patent litigation. Failure to obtain such an opinion may result in an award of costs against the patent owner.
- Limitations on the rights conferred by a patent: Under South African law, the rights conferred by a patent are limited by certain exceptions, such as fair dealing for research and private study. 
- Requirement for specificity: South African courts require patent owners to be specific about the alleged infringing activities, including identifying the infringing products or processes.
- Invalidity challenges: Patents may be challenged on the grounds of invalidity, such as lack of novelty or inventiveness. This may result in the revocation of the patent.