According to Art. 20, any personal data may be transferred only to countries that have legislation ensuring a level of protection for individuals similar to that provided by Malagasy law. Exceptionally, and with the agreement of the Malagasy Commission on Information Technology and Liberties (CMIL), the transfer of personal data is possible when the data controller presents sufficient guarantees for the protection of privacy and the fundamental rights and freedoms of individuals. In addition, it is also permitted when the individual concerned gives his/her full consent when it is in his/her interest or for the performance of a contract concerning that individual.

The processing of sensitive data (racial origin, biometric data, genetic data, political opinions, religious or other beliefs, trade union membership and data relating to health or sex life) is prohibited. Derogations exist when guarantees of appropriate processing are provided to the Malagasy Commission for Computer Liberties (Art. 18).

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

Law No. 2014 - 038 provides a comprehensive regime of data protection in Madagascar. The Law declares that the processing of personal data is based on four main pillars, namely the principles of legitimate purpose and fairness of collection and processing, the existence of data subjects' rights, the presence of an independent supervisory authority, and the establishment of an enforcement regime. In relation to its scope of application, the Law covers the processing of personal data carried out by controllers established on the state territory, as well as processing that utilises means that are located on the national territory, even when the controller is not established in Madagascar. The Malagasy Commission on Information Technology and Liberties (CMIL), the independent authority responsible for the compliance with the principles provided in the Law, has not yet been established.

Madagascar has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Madagascar has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Madagascar lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them contained in the Industrial Property (Art. 49-2) and Law No. 2005-020 on Competition.

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

Although Art. 3 of the Law No. 2023-002 of 27 July 2023 on Investment stipulates that any natural or legal person, Malagasy or foreign, is free to invest and settle on the national territory, it is reported that foreign investors can own up to 66% of shares in the telecom sector.

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

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

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

Madagascar has a copyright regime under Law N. 94-036 of 18 December 1995 on Literary and Artistic Property. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 42-50 list the exceptions, which include personal and teaching purposes; the reproduction and distribution by the press, broadcasting or cable communication to the public of an economic, political or religious article published in newspapers or periodicals, or a broadcast work of the same nature, in cases where the right of reproduction, broadcasting or such communication to the public is not expressly reserved; among others.

It is reported that the intellectual property authorities (OMAPI: Malagasy Industrial Property Office and OMDA: Malagasy Copyright Office) officially protect against intellectual property infringement, but the enforcement capacity is limited due to resource constraints, including low digitisation, a limited judicial system and a lack of awareness of intellectual property rights among businesses and consumers. Due to these constraints, international investors have experienced challenges in defending their interests. Madagascar does not track or report seizures of counterfeit goods, which are readily available on local markets, as are unauthorised copies of famous brands, songs and videos.

Madagascar does not have a formal legal mechanism for screening foreign investments entering the country. However, it is reported that the Economic Development Board of Madagascar (EDBM) functions as an informal screening body. The EDBM reviews foreign investment proposals, which are then forwarded to the licensing authority for consideration. Final approval for foreign investments must be obtained from the President’s Office. Consequently, many foreign investment projects require presidential-level approval, with no set timeframe or standard criteria for such endorsement. Some of the largest foreign investment ventures in Madagascar have been awaiting presidential approval for several years, resulting in significant financial losses for foreign investors.