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%.

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

Section 10 of the Public Procurement and Disposal of Public Assets (Participation by Micro, Small, and Medium Enterprises) Order seeks to promote MSMEs and the marginalized by way of preferences and reservations. The Order sets a minimum threshold of 15% for procurement goods and services and 10% for procurement of works to be granted under preference scheme to marginalized groups. To ensure compliance with this provision, the law requires procuring and disposing entities to submit annual procurement plan indicating the value and percentage of procurement contracts intended for award to MSMEs, and quarterly progress reports.

Section 80 (3b)(ii) of the Public Procurement Regulations of 2004 suggests consideration for: i) the extent of local content in goods; ii) works or services being offered by a supplier; iii) the transfer of technology and the development of managerial, scientific and operational skills, when awarding a tender.

Section 44 (10) of Public Procurement and Disposal of Public Assets Act promotes preference to indigenous black Malawians for 60% of national competitive bidding. This is in support of the 2016 Buy Malawi Strategy.

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

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

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

Law No.14/2015 on guarantees and consumer protection, provides a comprehensive consumer protection framework that applies to online transactions.

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

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

According to Decision No. 01 of the Ministry of Finance and Budget, wholesale trade is to be subjected to authorisation by the Directorate General of Taxes, equivalent to a licence. The decision granting this authorisation does not distinguish between physical trade and online trade, as long as wholesale trade is conducted in Madagascar.

According to Art. 2 of Decree No. 2009-048, e-payments relating to current transactions between a person resident in Madagascar and foreigners or non-residents of Madagascar are free but may only be made through licensed intermediaries. In addition, according to Art. 21 of the law, capital transactions and financial operations between a person resident in the Republic of Madagascar and those residents abroad carried out by holders of foreign currency accounts subscribed in the name of residents remain subject to prior authorization by the Ministry of Finance. Furthermore, pursuant to Art. 22 of the law, transfers from one foreign currency account to another foreign currency account are not authorized between residents, except in limited cases.

According to the Law on Electronic Money and Electronic Money Institutions, only licensed electronic payment institutions may provide online payment services (Arts. 2-3). The limits of the transactions are determined by the agreement between the institution and the user. In practice, access to online payment is therefore limited, with an estimated bank penetration rate of 6% and a financial penetration rate of 17% with mobile money.

Equipments intended to be connected to a network open to the public, terminal equipments must be approved by the Regulatory Agency or by a laboratory recognised or authorised by it (Art. 17 of Law No. 2005-023). The Regulatory Agency publishes and regularly updates a list of approved laboratories whose accreditations is automatically recognised. Once assigned for a particular brand and type of terminal equipment, the accreditation serves to immediately approve the distribution and use of any unit corresponding to that brand and type of equipment. However, in practice, the website recognises ARTEC's exclusive competence for approval and has not yet published the list of approved laboratories. There is a test of the terminal equipment in preparation for approval.