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

Sierra Leone does not have a comprehensive data protection law. However, there are provisions for data protection in the legal frameworks governing the operations of some sectors. For example, in the telecommunications sector, Section 78 of the Telecommunications Act makes it a criminal offence for anyone engaging in the provision of telecommunications services to disclose to any unauthorised person information or data s/he comes across as part of his lawful duty in respect of any customer or user of the telecommunications services. Also, Section 21 of the Telecommunications Subscriber Regulations states that a licensed service provider shall take reasonable steps to ensure the security and confidentiality of the subscriber’s registration and prevent corruption, loss or unauthorised disclosure of the information. There are also provisions for data protection in the financial sector. Section 35 of the Lenders and Borrowers Act states that a lender or a person who acts on behalf of a lender shall not disclose information obtained from a borrower unless the information is required under any other law or by a court of competent jurisdiction.

Section 19.4 of the Telecommunications Subscribers Regulations provides that the service provider shall, on a monthly basis or at such regular interval as the Commission may specify, transmit to the Commission all subscriber's information captured in their subscribers registers within the preceding month or such period as stipulated by the Commission in accordance with these Regulations. Section 20 of the Regulations also mandates licensed operators to capture, record and transmit to the central subscriber's information database the particulars of all its sales. The regulations do not specifically say for how long the data may be stored; they only mention the frequency at which the data should be transmitted to the Commission. However, Section 32(1-2) of the Regulations states that a subscriber intending to utilise one or more mobile universal integrated service cards, fixed telephone lines or internet connections that has been registered in its name, for allocation to a third party shall, before handing over a universal integrated service card or providing access to any telecommunication service, record the particulars and the date on which the utilisation commenced and the period for which the third party shall utilise the communications service. This information registered shall be stored for a minimum period of three years.

Sierra Leone does not have a framework on trade secret protection. Some trade secrets provisions can be found in the Right to Access Information Act, which restricts a public authority from communicating information obtained from a third party where the disclosure of the information would divulge a trade secret or could prejudice the commercial interests of that third party.

It is reported that there is an obligation for passive infrastructure sharing in Sierra Leone to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

The fixed network operator, the incumbent "Sierratel", is a state-owned monopoly. It is the only provider in the fixed landline segment of the Industry. The infrastructure loss as a result of the civil war affected the operations of the operator. It has since launched mobile telecom services, with about 3% of the market share.
Although the telecommunications sector has been liberalised, it is reported that one of the major obstacles to affordable broadband internet in Sierra Leone is the de-facto monopoly and inefficient operation of the international gateway by the state-owned Sierra Leone Cable Limited (SALCAB). The Telecommunications Act was amended in 2015 with the aim of liberalising the international gateway through a repeal and replacement of Section (33) of the 2006 Telecommunications Act to curtail the monopoly of incumbent Sierratel over the international gateway. Still, there have been delays in the liberalisation of the gateway.

It is reported that Sierra Leone does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Telecommunications operators are required to obtain licenses. However, approval for a license is not required for agreements between two local companies. Also, the licensing regime is reported to be restrictive, as it imposes lengthy lengthy processes on new market entrants. According to Section 20 of the Telecommunications Act, no person shall engage in any activity as a telecommunications operator unless they have been licensed for that purpose by the National Telecommunication Commission (NATCOM). Section 2 of the Telecommunications (Licensing) Regulations confirms the need for business licenses and authorisations for telecommunications, broadband communications and ancillary services in Sierra Leone.
Section 50 of the Telecommunications Act places additional scrutiny on agreements between local and foreign public telecommunications companies. It states that all agreements between local and foreign telecommunications companies should be submitted to the Commission for approval or modification of any terms. In considering the agreement for approval, the Commission shall take into account any exclusionary or discriminatory practices of the foreign-based service providers and telecommunications authorities and shall ensure that the local service providers are not subjected to unreasonable terms or discrimination.

Art. 38 of the Sierra Leone Local Content Agency Act provides that, with regard to procurement for the Sierra Leone Local Content Development Fund, first consideration should be given to Sierra Leonean companies bidding for procuring materials, products and goods for ministries, departments and agencies, provided the companies comply with the requirements stipulated in the National Public Procurement Act 2004 (now repealed by the Public Procurement Act of 2016). Donor agencies, international and local non-governmental organisations, and other entities are also to give Sierra Leonean companies first consideration for the procurement of materials, products, and goods.

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

Full foreign ownership is allowed in Sierra Leone, and there are no known restrictions on foreign direct investment (FDI) in key sectors for digital trade. The Investment Promotion Act of 2004 is the main legal framework regulating foreign direct investment in the country. According to Section 4 of the Act, any investor, whether domestic or foreign, can invest in any legitimate form of business enterprise in the country. In addition, Sections 24-25 of the Telecommunications Law provide for the application and granting of licenses for telecommunications services, and there is no specific provision in the law restricting foreign equity ownership.

Although Section 247 of the Companies Act requires companies to keep a register of their directors, including their names, nationality, and usual residential address, it does not state whether any of the directors are required to reside in the country. However, Section 485 of the Act mandates foreign companies operating in Sierra Leone to submit some documents/information, which includes, among other things, the name, address and occupation of the person authorised to manage the company in Sierra Leone and the names and addresses of one or more persons resident in Sierra Leone authorised to accept on behalf of the company service of process and any notices required to be served on the company. The provisions of Section 485 suggest that an officer or a representative of the company is required to be resident in Sierra Leone.
In addition, Section 14 of the Companies Regulations of 2015 provides that foreign nationals may hold equity in any private business enterprise and undertake any business in Sierra Leone. Still, foreign nationals serving as executive directors shall submit to the Corporate Affairs Commission (CAC) residence and work permit before undertaking, in part or whole, any business enterprise in Sierra Leone. The need to submit residence and work permits to the CAC suggests they are expected to be resident in the country.

According to Section 11.3 of the Patents and Industrial Act, applicants whose ordinary residence or principal place of business is outside Sierra Leone have to be represented by an agent based in Sierra Leone.

It is reported that there is minimal government enforcement of patents and other forms of Intellectual Property due to resource and capacity limitations. As a result, the administration of justice has primarily relied on the customary and usual claims founded on torts, contracts, petitions, admiralty and criminal offences to the exclusion of Laws specific to Intellectual Property.

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