Eritrea has not joined any trade or regional agreements with binding commitments to cross-border data flows.

Section 7 of the Investment Proclamation No. 59/1994 addresses the issue of technology transfer agreements. The legislation stipulates that investors, investment projects, and organisations may employ expatriate experts in the absence of national experts, whether technical or managerial. However, they are obliged to train nationals and replace expatriates. Technology transfer agreements must be lodged and registered by the Investment Center and approved by a duly authorised government body. Furthermore, Section 17 stipulates that investors who seek certification in relation to the registration of technology transfer agreements or guarantees for investment and the resolution of disputes are required to complete application forms prepared by the Centre and present all necessary documents requested by the Centre. In issuing certification, the Centre shall ascertain, among other things, the type and amount of investment, the type of business organisation and the signing of a technology transfer agreement. It is reported that in practice the Investment Proclamation No. 59/1994 has been suspended, and that the ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors and defines the terms under which private investment is accepted. There is no transparent government screening mechanism for approving inbound foreign investment in Eritrea. Additionally, it is asserted that the few foreign enterprises operating in Eritrea do so under non-public agreements negotiated directly between the companies or countries and a small group of officials from the government and the PFDJ.

Eritrea’s statistics on patent filing registration show that all its patent application were made abroad, both by residents and non-residents. The country is not a signatory of any of the international treaties on IP, and has no written mechanism to register patents in the country. There is a general lack of data and information on the IP environment in country and a lack of transparency.

There are complaints on the lack of transparency regarding the enforcement of patents, with difficulties of knowing the extent of protection, and with no data on enforcement and judicial actions.

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

Eritrea has a copyright regime under the Civil Code of the State of Eritrea. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 1161-1172 list the exceptions, which include the reproduction of the original works if they are single copies and for private use; analysis and press reviews, for educational and scientific purposes; daily news articles on current events, and if they are “official texts of legislative, administrative or judicial nature; among others.

Eritrea is reported to lack transparency in the area of copyright, in particular there are reported difficulties in knowing the scope of IP protection, and there is a lack of data on enforcement and prosecutions on the ground.

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

Eritrea does not have legislation specifically regulating public procurement, resulting in a lack of transparency in this area.

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

Art. 5 of the Investment Proclamation No. 59/1994 states that all sectors are open to any investors, with the exception of domestic retail, domestic wholesale, import, and commission agency companies, which are excluded unless there is a bilateral agreement of reciprocity. Yet, it is reported that in practice, this law has been suspended and the ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors in which private investment is accepted and defines the terms under which it is permitted. As a result, investment is de facto prohibited in most sectors of the economy, with the exception of mining. It has also been reported that the majority of large enterprises are either wholly or partially owned by the government or the PFDJ.

Canada has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Canada has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Canada has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.