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

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

Law No. 2014 - 038 provides a comprehensive regime of data protection in Madagascar. The Law declares that the processing of personal data is based on four main pillars, namely the principles of legitimate purpose and fairness of collection and processing, the existence of data subjects' rights, the presence of an independent supervisory authority, and the establishment of an enforcement regime. In relation to its scope of application, the Law covers the processing of personal data carried out by controllers established on the state territory, as well as processing that utilises means that are located on the national territory, even when the controller is not established in Madagascar. The Malagasy Commission on Information Technology and Liberties (CMIL), the independent authority responsible for the compliance with the principles provided in the Law, has not yet been established.

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.

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

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.

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.

According to Art. 176 of Law No. 2016-029, the Internet Service Providers (ISPs) and any other online service providers are obliged to monitor the content of the websites they support. 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.

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).

Madagascar is a party to the Patent Cooperation Treaty (PCT).

Madagascar has a copyright regime under Law N. 94-036 of 18 December 1995 on Literary and Artistic Property. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 42-50 list the exceptions, which include personal and teaching purposes; the reproduction and distribution by the press, broadcasting or cable communication to the public of an economic, political or religious article published in newspapers or periodicals, or a broadcast work of the same nature, in cases where the right of reproduction, broadcasting or such communication to the public is not expressly reserved; among others.

It is reported that the intellectual property authorities (OMAPI: Malagasy Industrial Property Office and OMDA: Malagasy Copyright Office) officially protect against intellectual property infringement, but the enforcement capacity is limited due to resource constraints, including low digitisation, a limited judicial system and a lack of awareness of intellectual property rights among businesses and consumers. Due to these constraints, international investors have experienced challenges in defending their interests. Madagascar does not track or report seizures of counterfeit goods, which are readily available on local markets, as are unauthorised copies of famous brands, songs and videos.

Madagascar has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Madagascar has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.