São Tomé e Príncipe does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of accounting separation since 2007, according to Arts. 6.1 and 25 of Law No. 24/2007.

São Tomé e Príncipe has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. This is because São Tomé e Príncipe is not a member of the WTO, although it is an observer.

The General Regulatory Authority of the Democratic Republic of São Tomé e Príncipe (AGER) is the executive authority for the supervision and administration of services in the telecommunications sector. The authority is independent from the government in the decision-making process, as confirmed in Art. 5 of Decree-Law No. 14/2005, which states that AGER is a legal person governed by public law, with technical, administrative and financial autonomy and its own assets.

According to Art. 19 of Law No. 03/2016, cross-border transfer of personal data is only permitted to countries considered to provide adequate levels of protection, as determined by the National Data Protection Agency (ANPDP). However, according to Art. 20, the transfer to a legal system that does not ensure an adequate level of protection may be carried out by notifying the ANPDP or is permitted where the data subject has given their consent;
- the transfer is necessary for the performance of a contract between the data subject and the controller;
- the transfer is necessary for the performance of a contract entered into in the interest of the data subject between the controller and third party;
- the transfer is necessary or required by law for the protection of an important public interest or for the declaration, exercise or defence of a right in legal proceedings
- the transfer is necessary to protect the vital interests of a data subject; or
- the transfer is made from a register which, according to the laws or regulations, is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest provided conditions laid down in the law for consultation are fulfilled in each case.
In addition, the ANPDP may authorise a transfer or a set of transfers of personal data to a jurisdiction which does not ensure an adequate level of protection provided that the controller ensures adequate mechanisms to ensure the protection of privacy and the fundamental rights and freedoms of persons and of their performance, in particular by means of appropriate contractual clauses.

São Tomé e Príncipe has not joined any agreement with binding commitments to open transfers of data across borders.

Law No. 03/2016 establishes a comprehensive data protection framework and addresses matters such as data processing notifications, data protection principles, data processor agreements, and essential data subject rights.

A basic legal framework on intermediary liability for copyright infringement is absent in São Tomé e Príncipe's law and jurisprudence.

In accordance with Arts. 27, 28 and 29 of Decree-Law No. 19/2016, all inbound investment proposals must be screened and approved by the applicable ministry for the economic sector in coordination with the Trade and Investment Promotion Agency (APCI). Following Art. 14, an investment proposal can be rejected if it threatens national security, public health, or ecological equilibrium and if the proposal has a negative effect or insufficient contribution to the country’s economy. The government encourages but does not require the hiring of the local workforce.

Art. 28 of Law No. 4/2001 and Art. 3 of Decree-Law No. 23/2016 establish that legal and procedural actions related to industrial property can only be filed with the National Service of Intellectual Property and Quality of São Tomé e Príncipe (SENAPIQ-STP) and that natural or legal persons who are not established or domiciled in São Tomé e Príncipe must appoint an industrial property agent with residence in São Tomé e Príncipe to represent them. This is also applicable to the filing of patent applications.

São Tomé e Príncipe is a party to the Patent Cooperation Treaty (PCT).

São Tomé e Príncipe has a copyright regime under the Copyright Code of 2017. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 75 lists the exceptions, which include reproduction and making available to the public by means of social communication and for the purposes of information; reproduction for scientific research purposes; reproduction as part of teaching activities; and reporting current events, among others.

São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Decree-Law No. 23/2016 - Intellectual Property Code establishes a comprehensive framework for the effective protection of trade secrets in São Tomé e Príncipe, including definitions, penalties, and applicable remedies. According to Art. 278, the disclosure, acquisition, or use of a competitor's business secrets without consent constitutes an offence punishable under this Code, provided the information meets the following criteria:
i) it is secret, meaning it is not generally known or readily accessible, in its entirety or in the specific configuration and assembly of its components, to individuals within circles that typically handle such information;
ii) it possesses commercial value due to its secrecy; and
iii) it has been subject to reasonable measures, under the circumstances, by the lawful holder of the information to maintain its secrecy.
Art. 280 stipulates fines ranging from DBS 5 million to DBS 50 million (approx. USD 200 to USD 2,200) for individuals, and DBS 25 million to DBS 250 million (approx. USD 1,110 to USD 11,150) for corporate entities.

There is an obligation for passive infrastructure sharing in São Tomé e Príncipe to deliver telecom services to end users under Art. 8.8 of Decree No. 6/2013. It is practised in both the mobile and fixed sectors based on commercial agreements.