Art. 130 of the Electronic Communication Sector Law requires user identification for telecommunications service providers. This is to record and maintain personal information on mobile telecommunication subscribers. The Decree No. 12524 clarifies that both the national identity card and the full address are required for identification.

A basic legal framework on intermediary liability for copyright infringement is absent in Congo's law and jurisprudence. However, some regulations such as Law No. 9-2009 on Electronic Communication sector and Law No. 29-2019 on the Protection of Personal are relevant to the subject.

Articles 71 and 72 of the Law on Protection of Personal Data require that data managers involved in the processing of personal data set up a procedure to test, analyze, and evaluate the effectiveness of technical and organizational measures to ensure the security of processing.

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

Personal data in the Republic of the Congo is regulated by the Data Privacy Act of 2019 and the Cybersecurity Act of 2020.

Law No. 29-2019 states that the transfer of data abroad is possible if:
- the third country ensures a sufficient level of protection of privacy, fundamental rights and freedoms of people (Art. 23),
- the person to whom the data relates has agreed to their transfer;
- the transfer is necessary to protect that person's life, to safeguard the public interest and the execution of the contract between the interested party and the data manager (Art. 24).

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

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

According to the Electronic Communication Law (Art. 6), the electronic communications activities are exercised freely in Congo. There are no discriminatory conditions for foreign companies. However, the supply of electronic communications networks and services is conditional on obtaining, depending on the case of: licence, authorization, agreement, declaration, experimentation.
It is reported that in the Republic of Congo different minimum capital requirements are established to obtain different types of licenses:
- 10.000.000.000 F.CFA for 3G and 4G (approx. USD 15,196,000);
- 11.000.000.000 F.CFA for 2G (approx. USD 16,716,000).

It is reported that The Republic of Congo has established both functional and accounting separation by law for the operator with significant market power.

Many privates companies operate in electronic communications market. However, the public company, CONGO TELECOM holds the monopoly for the fixed telephone and it is 100% State-owned.

Congo does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Congo since 2002.

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

Art. 145 of the Law on Electronic Communication mandates the persons or suppliers of cryptology service to disclose the technical characteristics of the source code of the software to be used by the National Agency for Information Systems Security (ANSSI).

The Republic of Congo has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.