Section 12.4 of the Malawi National Health Information System Policy provides a requirement for any health related data whether physical or electronic to be stored only within the borders of Malawi except for the purpose of continuation of care. Section 14.1 ascribes ownership of any health related data to the Ministry of Health. This policy was elaborated for the health sector of Malawi, i.e. public and private. The stipulations therein therefore apply to all public and private health facilities alike (Section 2).

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

It is reported that the Malawi Communications Regulatory Authority (MACRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

It is reported that Malawi does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of functional separation.

It is reported that the government has a 20% share in Malawi Telecommunications Limited (MTL).

It is reported that there is an obligation for passive infrastructure sharing in Malawi to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.

Section 35 of the Communications Act mandates an electronic communications licensee (Network and Application Services) to maintain a shareholding by nationals of at least 20%.

The Law in Malawi according to Sections 52 and 53 of the Electronic Transactions and CyberSecurity Act of 2016 requires cryptography services or products to be registered by the Communications Authority. Additionally, the use, importation, and exportation of encryption programs and encryption products is subject to authorisation by the government. In addition, Section 67 of the Act mandates encryption services providers to declare to the Authority the technical characteristics of the encryption means as well as the source code of the software used. Violation of these regulations is a criminal offense punishable by up by imprisonment and a fine.

Malawi has no rules applicable to the protection of trade secrets.

Malawi has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Malawi has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

The enforcement of copyright in Malawi is reported to be inadequate despite the existence of the provision in Part XIV of the Copyright Act. It is reported that the country faces and significant digital piracy.

Malawi has a copyright regime under the Copyright Act of 2016. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 36-53 list the exceptions, which include personal and teaching purposes; reproduction, translation, adaptation, arrangement or other transformation of a work exclusively for the user’s own personal or private use of a work which has already been lawfully made available to the public; among others.

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

Section 162 (2) of the Malawi Companies Act requires a company to have at least one director ordinarily resident in Malawi.