The Gambian Companies Act 2013 and the Gambian Single Window Business Registration Act 2013 require all companies to register with the Companies Registry. It is reported that, in practice, the Gambian Companies Registry requires that a foreign director who is not resident in the Gambia appoints an agent to represent him/her in The Gambia. In addition, Section 13 of the Gambia Single Window Business Registration Act 2013 require all directors to register their personal details with the Business Registry.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

The Gambian standards generally require local testing for electrical products for certification. Audio and video products such as TVs and LCD panels and similar apparatus marketed in The Gambia are required to be tested locally. Audio and video products are certified only after conformity assessments have been carried out by The Gambia Standards Bureau (TGSB). Therefore, self certification by foreign business is not allowed.

The Gambian laws do not allow for self-certification for telecommunications, radio and wireless equipment. Foreign imports and domestic goods are required to get certification (Gambian marking) after testing, for the Gambian Standards Bureau (TGSB). This ensures compliance with the published national standards on electro-technical which follow ISO/ IEC specifications. However, test certificates from foreign laboratories are accepted by the TGSB for accreditation due to the limitations of local testing laboratories.

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

The Gambia has a law requiring user identity and monitoring of the digital space and content through the Gambia SIM Card Registration Regulations 2011. In 2019, the national regulator (Public Utilities Regulatory Authority) fined the country's largest mobile operator, Africell, for breaching the law by selling point-of-sale activated SIM cards to customers without registering their identity details.

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

The Information and Communication Act 2009 empowers the Public Utilities Regulatory Authority (the public authority that supervises ICT in the Gambia) when exercising its powers relating to frequency monitoring to intrude, monitor, intercept and store data communication for surveillance purposes without judicial oversight. (Section 138 ICA 2009). This means that government surveillance can be conducted without court orders. Moreover, it is reported that investigative authorities need only cite suspicious activity to request technology companies to monitor the communications of users.

In December 2019, the Attorney General and Minister of Justice introduced amendments to the Information and Communications Act 2009 to provide judicial oversight/monitoring for government surveillance, but The Gambian parliament rejected the amendments.

The Gambia does not have a general data protection legislation. However, certain data protection requirements can be found in the Gambian Information and Communications Act 2009, and the Gambia Draft Data Protection and Privacy Policy 2019. The latter has no force of law, therefore it is not legally binding. It is only a policy document on data transfer and privacy.

Section 141 (8) of the Information and Communications Act stipulates that information and communications service providers shall retain subscriber data for compliance with the disclosure requirements set out in subsection. In particular, they have to retain:
- the telephone number or other identifier of the subscriber terminal for three years from the date when the contract is terminated; and
- general subscriber data for three years.
In Section 2, information and communications services means a service normally provided for remuneration which consists of the conveyance of signals on information and communications networks, including information and communications services and transmission services in networks used for broadcasting as well as services providing or exercising editorial control over content transmitted using information and communications networks.
On the other hand, Section 181(1) of the Act requires that certain documents, records, or information be retained in the form of electronic records for accessibility that enables the identification and origin of electronic records. The documents that are retained are automated and transaction electronic documents, records and information (Section 176) either in its original form or an unaltered copy. There is no specified timeframe for the retention of electronic records.

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

Section 9 of the Gambia Draft Data Protection and Privacy Policy 2019 allows for cross-border transfer of personal data only where an appropriate level of protection is guaranteed. This is the case when:
- An assessment by the Gambian data controller that the receiving country has protective measures for data received under international agreements or approved standardised and binding safeguards;
- A data subject has given explicit, specific and free consent, after being informed of risks arising in the absence of appropriate safeguards ensuring data protection;
- Legitimate interests such as public interests.
However, being a guideline, this policy has no force of law and therefore is not legally binding.

Gambia has an independent telecom authority, the entity in charge of the regulation of telecommunications is The Gambia Public Utilities Regulatory Authority. Section 15 (Independence of the Authority) of the Gambia Public Utilities Regulatory Authority Act, 2001 establishes that the Authority shall not be subject to the direction or control of any person or authority in the performance of its functions or exercise of its powers under this Act and shall act in all matters and at all times impartially.

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

It is reported that Gambia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.