According to Art. 176 of the Law No. 2016-029, the Internet Service Providers (ISPs) and any other online service providers are obliged to monitor the content of the websites it supports. They shall notify the National Authority for the Regulation of Media Communication of any illegal activity or content of which they are aware. In the absence of immediate reporting, it is sanctioned by a fine of 1 million to 3 million Ariary (approx. USD 226 to USD 678). The article also states that the clients of a web host or the website owners must provide their real identity and exact contact details.

Art. 176 of the Law No. 2016-029 states that the clients of a web host and the website owners must provide their real identity and exact contact details.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Madagascar's law and jurisprudence.

It is reported that Madagascar imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.

A basic legal framework on intermediary liability for copyright infringement is absent in Madagascar's law and jurisprudence.

According to Art. 51 of the law, any data controller (for all sectors) shall appoint a data protection officer (DPO). The designation of the DPO is notified to the Malagasy Commission on Information Technology and Liberties (CMIL), by any written procedure. The Commission shall keep an updated list of the designated delegates.

Madagascar has not joined any free trade agreement committing to open transfers of cross-border data flows.

Madagascar has a data protection framework, particularly with Law No. 2014 - 038. However, the Malagasy Commission on Information Technology and Liberties (CMIL) an independent authority responsible for monitoring the principles stipulated in the law is still not yet functional.

The processing of sensitive data (racial origin, biometric data, genetic data, political opinions, religious or other beliefs, trade union membership and data relating to health or sex life) is prohibited. Derogations exist when guarantees of appropriate processing are provided to the Malagasy Commission for Computer Liberties (Art. 18).

According to Art. 20, any personal data may be transferred only to countries that have legislation ensuring a level of protection for individuals similar to that provided by Malagasy law. Exceptionally, and with the agreement of the Malagasy Commission on Information Technology and Liberties (CMIL), the transfer of personal data is possible when the data controller presents sufficient guarantees for the protection of privacy and the fundamental rights and freedoms of individuals. In addition, it is also permitted when the individual concerned gives his/her full consent, when it is in his/her interest or for the performance of a contract concerning that individual.

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

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

It is reported that Madagascar does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

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

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