The Trade Secrets Act provides a framework for the effective protection of trade secrets. According to the Act, a trade secret is information that is not commonly known or easily accessible to those involved in similar fields. It can also pertain to someone's business or professional matters and, if disclosed, would negatively impact their lawful activities. Additionally, a trade secret holds commercial value due to its confidentiality and exclusivity. If a trade secret is acquired, used, or disclosed by a person without the authority of the owner of the trade secret, the owner has the right to apply to the Court for a declaration that the trade secret has been acquired, used, or disclosed without authority. The Court may grant an injunction preventing anyone from dealing with, or otherwise using, the secret in a commercial way; and if it is satisfied that the owner has suffered damage because of the unauthorised disclosure—award damages to the owner.

It is reported that passive infrastructure sharing is not mandated, but it is practised in the market in both the mobile and fixed sectors (based on commercial agreements).

In a joint market announcement in September 2025, the Vanuatu National Provident Fund (VNPF) announced that it acquired a 14% shareholding in Telecom Vanuatu Limited (trading as Vodafone Vanuatu).

It is reported that Vanuatu does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, it is reported that functional separation has been an obligation since 2022.

Vanuatu has appended the World Trade organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Telecommunications and Radiocommunications Regulator, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

According to Art. 35.2 of the Foreign Investment Act No. 25 of 2019, foreign investors must not carry out an investment without a valid certificate. Moreover, Art. 46.1 establishes that foreign investors are subject, among other conditions, to employing locals and capacity building.

Vanuatu is not a party to the Patent Cooperation Treaty (PCT).

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

Pursuant to Art. 12 of the Government Contracts and Tenders Regulation (Consolidation Edition 2021), the head of a government agency must publish an open tender notice outside Vanuatu only where the Board or the head of the agency is satisfied that the relevant goods, services, or works are unlikely to be sourced from within Vanuatu at the best price or quality. Moreover, pursuant to Art. 39, irrespective of whether procurement is conducted through an open tender, a limited tender, or a request-for-quotation process, computer hardware, software, and accessories must be purchased only from a supplier authorised by the Office of the Government Chief Information Officer.

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

Pursuant to Art. 16 of the Vanuatu Foreign Investment Promotion Act No. 25 of 2019, a foreign investor may undertake any investment activity in Vanuatu unless the activity is classified as a prohibited or reserved activity. However, none of the sectors included is relevant for digital trade.

Art. 45.9 of the Foreign Investment Act No. 25 of 2019 stipulates that foreign investors must establish a joint partnership with a citizen of Vanuatu if their business activities are expanded more than three times through variations.

According to Art. 83(5) of the Companies Act, as amended in December 2018, requires companies to ensure that at least one director must be a natural person who ordinarily resides in Vanuatu.