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.

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.

Chapter 3 of the Electronic Communication Act provides a framework for licensing procedures for electronic service providers, including telecom operators. According to Section 9, holders of individual licenses must have a minimum of 30% of equity held by persons from historically disadvantaged groups.

South Africa has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

According to the Independent Communications Authority of South Africa Act, the Independent Communications Authority of South Africa (ICASA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Section 15.4.2 of the National Data and Cloud Policy stipulates that government data containing content related to the protection and preservation of national security and the sovereignty of the Republic must be stored solely on digital infrastructure located within the borders of South Africa. In addition, Section 15.4.3 requires the Government to pursue cross-border data transfer and sharing agreements that promote national interests such as socio-economic development, security, and sovereignty; ensure adherence to South African data protection and cybersecurity laws and policies; foster cooperation that is mutually beneficial to all parties involved; and support the implementation of regional and continental frameworks including the African Continental Free Trade Area (AfCFTA), the Southern African Customs Union, the Single Digital African Market, and the relevant protocols of the African Union (AU) and the Southern African Development Community (SADC).

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.

South Africa is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.

South Africa has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Section 12 of the Copyright Act lists the exceptions, which include private reproduction for personal purposes, reproduction and other utilisation for teaching and scientific non-commercial purposes, reproduction, broadcasting, and other communication to the public for informatory purposes, among others.

Copyright is not adequately enforced online in South Africa. It has been reported that enforcing copyright online in the country is challenging, particularly in the music, film, and software industries. Online piracy and infringement of copyright laws are prevalent in the country, and many entities, locally and internationally, have expressed concerns about inadequate enforcement mechanisms and legal frameworks. In addition, it is reported that South Africa failed to reach the mandated levels of copyright protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), especially regarding the enforcement of online copyright and piracy. Moreover, industry associations such as the Southern African Music Rights Organization (SAMRO) and the Recording Industry of South Africa (RiSA) have also raised concerns about widespread piracy and infringement of copyright laws in the country.

South Africa has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1997, but has not ratified it.

South Africa has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1997, but has not ratified it.

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