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

Section 35 of the Communications Act mandates an electronic communications licensee (Network and Application Services) to maintain a shareholding by nationals of at least 20%.

It is reported that the government has a 20% share in Malawi Telecommunications Limited (MTL).

It is reported that Malawi does not require accounting separation for operators with significant market power (SMP) in the telecom market. However, functional separation is legally required.

Malawi has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Malawi Communications Regulatory Authority (MACRA), 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 12.4 of the Malawi National Health Information System Policy provides a requirement for any health-related data, whether physical or electronic, to be stored only within the borders of Malawi except for the purpose of continuation of care. Section 14.1 ascribes ownership of any health-related data to the Ministry of Health. This policy was elaborated for the health sector of Malawi, i.e. public and private. The stipulations therein, therefore, apply to all public and private health facilities alike (Section 2).

Malawi is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Section 80 (3b)(ii) of the Public Procurement Regulations of 2004 suggests consideration for i) the extent of local content in goods; ii) works or services being offered by a supplier; iii) the transfer of technology and the development of managerial, scientific and operational skills, when awarding a tender.

Section 44.10 of the Public Procurement and Disposal of Public Assets Act promotes preference to indigenous black Malawians for 60% of national competitive bidding. This is in support of the 2016 Buy Malawi Strategy.

Section 10 of the Public Procurement and Disposal of Public Assets (Participation by Micro, Small, and Medium Enterprises) Order seeks to promote MSMEs and the marginalised by way of preferences and reservations. The Order sets a minimum threshold of 15% for the procurement of goods and services and 10% for the procurement of works to be granted under a preference scheme to marginalised groups. To ensure compliance with this provision, the law requires procuring and disposing entities to submit annual procurement plans indicating the value and percentage of procurement contracts intended for award to MSMEs and quarterly progress reports.

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

Section 35 of the Communications Act mandates an electronic communications licensee (Network and Application Services) to maintain a shareholding by nationals of at least 20%.

Section 162.3 of the Malawi Companies Act requires a company to have at least one director ordinarily resident in Malawi.