Art. 4 of Law No. 51 establishes that mobile telephone operators, their subsidiaries and authorised agents that commercialise services with activity systems through the prepaid card modality must keep a record of the identity or general information provided by their customers who acquire a telephone unit or smart card (SIM) with such payment modality.

According to Art. 8 of Law No. 17, concessions for cellular mobile telephony services can only be granted to Panamanians and foreign corporations domiciled in the territory of the Republic of Panama.

Panama has not appended the WTO Telecom Reference Paper to its schedule of commitments.

It is reported that the Autoridad Nacional de los Servicios Públicos (ASEP, National Public Service Authority), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Under Art. 5 of Law No. 81, the transfer of personal data of a confidential, sensitive or restricted nature by the company responsible for the database or its custodian shall be permitted, provided that the company and/or its country of residence provide a level of protection comparable to that of Law No. 81; or if the transferring entity takes all necessary steps to ensure that the data will be protected in a manner consistent with the Law No. 81 through contracts, codes of conduct or applicable international standards. Art. 5 lists the following exemptions: when the data subject has given their consent; in the case of bank, money, stock market or securities transfers; when the transfer of the information is required by law or in order to comply with international treaties ratified by the Republic of Panama; and when the transfer is necessary for the conclusion or execution of a contract concluded or to be celebrated by the interested party or in their interest.

There are no foreign ownership limitations in sectors relevant for digital trade.

According to Art. 29 of Law No. 35, a patent applicant shall file the application through a lawyer's office in Panama.

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

Panama has a copyright regime governed by Law No. 64. However, the exceptions do not follow the fair use or fair dealing model, which limits the lawful use of copyrighted works by others. Art. 67 outlines the exceptions, including performances of works made at home, provided that there is no direct or indirect profit-making interest; performances for the general good during official or religious ceremonies; and performances in educational institutions for exclusively didactic purposes, among others.

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

Panama has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.

Law No. 35 provides a framework for the effective protection of trade secrets. Title IV of the Industrial Property Law regulates commercial and trade secrets and holds accountable whoever infringes these provisions.

There is an obligation for passive infrastructure sharing in Panama to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements. As established by Art. 1 of the Resolution AN No. 2848-Telco and Annex A on Regulations for the installation, operation, and shared use of towers and/or structures that support telecommunications service antennas.

The government owns 49% of the shares of Cable & Wireless Panama, SA, which is a Panamanian telecom company governed by private law.

Panama does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation to separate the accounts since 1999. Resolution JD-1334 of 1999 establishes the criteria which determine if a given company has a significant market share. It is calculated in terms of Gross Revenue that exceeds by more than 25% or more than the other competitors of the respective service.