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

Art. 65 of the Law No. 061-2008/AN established an independent regulatory authority for electronic communications. This institution is known as the Regulatory Authority for Electronic Communications and Posts (Autorité de Régulation des Communications Electroniques et des Postes, ARCEP). It is reported that this authority is independent from the government in the decision-making process.

According to the Art. 42 of Law No. 001-2021/AN, international transfers cannot be made without the respect of the following conditions:
- a request of authorisation of the Commission For Information Technology and Civil Liberties (CIL);
- a signatures of a data confidentiality clause and a data reversibility clause in order to facilitate the complete migration of the data at the end of the contract;
- the implementation of technical and organisational security measures. Additionally, the transfer can only be made to a foreign country or an international organisation if the recipient country or international organisation ensures an adequate level of protection equal to the one ensured in Burkina Faso.

The government owns 28.6% of the shares of Moov Africa Burkina.

Arts. 72 and 81 of Law No. 061-2008/AN stipulate that the regulatory authority can take measures to introduce functional and accounting separation for operators with significant market power (SMP) in the telecom market.

Burkina Faso does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement, which has been ratified by 17 French-speaking States, including Burkina Faso in 2002.

There is an obligation for passive infrastructure sharing in Burkina Faso to deliver telecom services to end users under Arts. 5.k, 74.f, 144 and 145 of the Law No. 061-2008/AN. Moreover, passive infrastructure sharing is practiced in the mobile sector and in the fixed sector based on commercial agreements.

Burkina Faso has a copyright regime under the Law No. 048-2019/AN. The exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 22-29 list the exceptions, which include: reproduction for scientific research purposes; reproduction as part of teaching activities; reporting current events; among others.

In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Burkina Faso and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions.

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

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

According to the Bangui Agreement, ratified by 17 French-speaking States, including Burkina Faso, applicants resident outside the territory of the member States must file through an agent selected in one of those member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organisation (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.

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

Art. 16 of Law No. 80-2015/CNT stipulates that in the field of advertising, any consulting agency governed by foreign law wishing to operate in Burkina Faso, as well as any medium to be broadcast or distributed on Burkina Faso territory, must use the services of an advertising agency governed by Burkina Faso law, subject to reciprocity.

According to Art. 5 of the Law No. 038-2018/AN, certain sectors of activity may be subject to restrictions on foreign direct investment. In such cases, foreign companies wishing to invest in these sectors may be subject to special procedures to be established by decree. However, no decree has yet been issued to implement this article.

Arts. 111-112 of Decree No. 2017-0049/PRES/PM/MINEFID provide a margin of preference of 10% for local enterprises and enterprises established in West African Economic and Monetary Union (WAEMU).