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

Although Art. 3 of the Law No. 2023-002 of 27 July 2023 on Investment stipulates that any natural or legal person, Malagasy or foreign, is free to invest and settle on the national territory, it is reported that foreign investors can own up to 66% of shares in the telecom sector.

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

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

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.

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.

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. 85, the publication director of a media communication enterprise (including journalistic publication enterprises on the Internet) must have a fiscal residence in Madagascar, be of age, enjoy civil and civic rights, and not have been the target of a judicial conviction.

Madagascar does not have a formal legal mechanism for screening foreign investments entering the country. However, it is reported that the Economic Development Board of Madagascar (EDBM) functions as an informal screening body. The EDBM reviews foreign investment proposals, which are then forwarded to the licensing authority for consideration. Final approval for foreign investments must be obtained from the President’s Office. Consequently, many foreign investment projects require presidential-level approval, with no set timeframe or standard criteria for such endorsement. Some of the largest foreign investment ventures in Madagascar have been awaiting presidential approval for several years, resulting in significant financial losses for foreign investors.

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

According to Art. 49-I and II of Law No. 2016-055, any contracting authority may apply a margin of preference not exceeding 15% to a tender submitted by an international tenderer who intends to subcontract at least 25% of the overall value of the contract concerned to a local or community small and medium-sized enterprise (SMEs). Moreover, in awarding a contract with an international scope, preference may be given to the tender submitted by a national company. This preference shall be quantified as a percentage of the tender value.

It is reported that numerous government procurement deals occur outside the formal tendering process, despite regulations are in place to prevent conflicts of interest in public procurement. Furthermore, despite legal provisions stating that private enterprises engaging in corrupt practices to obtain permits, licenses, or authorisations are barred from government procurement, multiple reports highlight instances of corruption within the public procurement sector that have adversely affected foreign companies. Additionally, contractors involved in government infrastructure projects have expressed dissatisfaction due to delayed payments, which have disrupted their operations.

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