According to Art. 3 of the Foreign Investment and Technology Transfer Act, no industry operated with foreign investment may make foreign investment of profits earned or in any other manner in any sector referred to in the Schedule of the Act. Pursuant to the Schedule Relating to Sub-section (2) of Section 3, foreign investment in consultancy services is subject to a maximum foreign equity limit of 51%. In addition, according to the Schedule, foreign investment in both computer training services and accounting, engineering, and legal consultancy is prohibited.

According to Art. 185 of the Companies Act, it is mandatory for companies with paid-up capital of more than 10 million rupees (approx. 75,200 USD) to employ a company secretary with Nepali nationality. The company secretary is responsible for keeping and updating company records, calling general meetings, maintaining records of these meetings' decisions, and receiving shareholder grievances, among other things.

According to Section 22 of the Labour Act 2017, employers are prohibited from hiring foreign nationals as labourers without obtaining a work permit from the Department. However, if the required skilled labour is unavailable among Nepali nationals, employers are allowed to hire a foreign worker. This restriction has been in place since the amendment of the Labour Act 1992, introduced by Section 4(A) in 1998. Additionally, the Labour Rules, effective since 2018, provide a slight relaxation of this provision under Section 3.1, allowing foreign-invested enterprises to employ up to three foreign workers without undergoing the labour market test. The labour market test, as specified in Section 22.3 of the 2017 Labour Act, requires publishing the job offer in a daily newspaper.

Namibia lacks a comprehensive framework for consumer protection that applies to online transactions.

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

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

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

The Electronic Transactions Act, Chapter 5, requires accreditation of security services and products including those which are meant to encrypt or decrypt data. This accreditation may involve the technical analysis of the services. The specific requirements for such technical analysis are not listed.

Namibia does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

Namibia does not have a data protection framework, leaving an important void in the country with regard to data governance and digital trade governance. A Data Protection Bill is currently in the consultation phase. This is set to support the Electronic Transactions Act, which does not cover many aspects of data in a digital economy.

Section 119 of the Communications Act stipulates that the Regulator "may prescribe a mandatory period for the retention of records which may not exceed eight years".

The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Chapter 6 of the Act, a service provider enjoys protection from any civil or criminal liabilities concerning third-party material presented in the form of data, to which they merely grant access through information system services for data transmission, routing, or storage within a system under their control. To qualify for this protection, the service provider must adhere to the following conditions: (a) they do not initiate the transmission; (b) they do not select the recipient; (c) they perform functions automatically and technically without data selection; and (d) they refrain from modifying the transmitted data.

The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Chapter 6 of the Act, a service provider enjoys protection from any civil or criminal liabilities concerning third-party material presented in the form of data, to which they merely grant access through information system services for data transmission, routing, or storage within a system under their control. To qualify for this protection, the service provider must adhere to the following conditions: (a) they do not initiate the transmission; (b) they do not select the recipient; (c) they perform functions automatically and technically without data selection; and (d) they refrain from modifying the transmitted data.

Section 17 of General Notice No. 180 requires telecommunications service providers to ensure that customers using a SIM card are registered as the cardholder. For customers who are natural persons, this includes obtaining their name, address, and identification document number. Furthermore, Section 18 stipulates that no SIM card may be distributed or activated unless the customer has been registered as the cardholder.

In Namibia, type approval procedures for telecommunications equipment are regulated by the Communications Regulatory Authority of Namibia (CRAN). The conformity requirements reportedly align closely with those of the European Union. The homologation process does not mandate local laboratory testing or engagement with local representatives, as Namibia currently lacks ISO 17000-certified laboratories for conducting these tests. Instead, the regulations permit acceptance of test results from accredited laboratories abroad, provided the necessary supporting documentation is submitted to CRAN.
Under Section 8 of the Regulations in respect of Type Approval and Technical Standards for Telecommunications Equipment, CRAN may accept a declaration of conformity from an applicant if it is accompanied by a certified copy of test reports and data issued by an accredited test laboratory, confirming that the telecommunications equipment for which type approval is sought meets the applicable technical standards.