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

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

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 the 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.

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 marginalised by way of preferences and reservations. The Order sets a minimum threshold of 15% for the procurement of goods and services and 10% for the procurement of works to be granted under a preference scheme to marginalised groups. To ensure compliance with this provision, the law requires procuring and disposing entities to submit annual procurement plans indicating the value and percentage of procurement contracts intended for award to MSMEs and quarterly progress reports.

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

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%.

According to Art. 17 of Law No. 2005-023 of 17 October 2005 on the Institutional Reform of the Telecommunications Sector, all radio-electrical equipment intended for connection to a public network must be approved by the Regulatory Agency (ARTEC) or by a laboratory authorised or recognised by it. The Regulatory Agency is responsible for publishing and periodically updating a list of authorised laboratories whose approvals it automatically recognises. Once approval is granted for a specific brand and type of terminal equipment, any unit of that brand and type is immediately authorised for distribution and use. This approval is mandatory for all radio installations, regardless of whether they will connect to a public network. In practice, however, the website acknowledges ARTEC as the exclusive authority for approvals and has yet to publish a list of recognised laboratories.

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 authorisation 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 authorised 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.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 20, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

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