Tunisia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of Commitments annexed to the Fourth Protocol on Basic Telecommunications.

It is reported that the Instance Nationale des Télécommunications (INT, National Telecommunications Authority), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. Art. 63 (bis) of Law No. 01-2001 provides that the INT shall have legal personality and financial autonomy.

Pursuant to Organic Act No. 2004-63, the transfer of personal data is generally prohibited or subject to strict measures. According to Art. 52, prior authorisation from the Tunisian Data Protection Authority (Instance Nationale de Protection des Données à caractère Personnel, INPDP) is required in all circumstances. In addition, according to Art. 50, it is forbidden to transfer personal data to a foreign country that is likely to harm the public security or vital interests of Tunisia. Lastly, according to Art. 51, the transfer of personal data is not permitted in countries which do not provide an adequate level of data protection. It should be noted that Art. 22 provides that the natural person or the legal representative of the legal entity wishing to carry out the processing of personal data and their agents must meet the following conditions: be of Tunisian nationality; be a resident of Tunisia; and have no criminal record. These conditions also apply to the subcontractor and its agents.

It is reported that the Ministry of Communication Technologies prohibits public companies and institutions from freely transmitting and storing personal data outside of the country.

According to Art. 21 of the Decree-Law No. 2-2022, it is forbidden for companies organising the activity of credit information to transfer their databases outside Tunisia and to host the data in the cloud.

Tunisia lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them in Art. 138 (Section V – offences relating to commerce and industry) and Art. 253 (Section VII – Misappropriation of correspondence, revelation of secrets) of the Tunisian Penal Code.

Art. 38-bis of Law No. 1-2001 (as amended by Art. 2 of Law No. 1-2008) requires operators of public telecommunications networks to allow other operators of public networks and access operators to exploit the components and resources of their networks, the physical co-location and common use of infrastructure. Therefore, there is an obligation for passive infrastructure sharing in Tunisia to deliver telecom services to end users. In addition, it is reported that it is practised in both the mobile and fixed sectors based on commercial agreements.

According to Art. 2 of Decree No. 4773-2014, ISPs must be authorised by the Minister responsible for telecommunications after consultation with the Minister of the Interior and the National Telecommunications Authority. Art. 3 stipulates that any person wishing to be authorised as an Internet Services Provider (ISP) must meet the following conditions:
- In the case of a natural person, be of Tunisian nationality and hold a university degree or equivalent;
- In the case of a legal person, be constituted in accordance with Tunisian law, with a share capital of at least TND 1,000,000 (approx. USD 322,000) held in name and by a majority of Tunisian nationals.
Art. 4 adds that granting of the ISP authorisation is subject to the payment of a fee of TND 150,000 (approx. USD 48,500), payable on the date of granting the authorisation.

Art. 31 ter of Law No. 1 of 2001 stipulates that operating a virtual telecommunications network requires prior authorisation from the Minister responsible for telecommunications, following consultation with the Instance Nationale des Télécommunications (INT). Decree No. 2014-412 outlines the conditions and procedures for obtaining this authorisation, with Art. 5 specifying that any legal entity applying for a licence must ensure majority ownership by Tunisian shareholders. Under Law No. 1 of 2001, a virtual telecommunications network operator is defined as a legal entity authorised to provide telecommunications services using a network and radio frequencies it does not own.

Art. 22 of Organic Act No. 2004-63 mandates that individuals or legal representatives of entities intending to process personal data, along with their agents, must satisfy specific requirements, including Tunisian nationality, residency in Tunisia, and the absence of a criminal record. These criteria also extend to subcontractors and their respective agents.

According to Art. 6 of the Investment Law No. 71 -2016, companies are allowed to hire foreign managers up to 30% of their total managerial staff during the first three years after the establishment or commencement of effective production, with a mandatory reduction to 10% from the fourth year, and a maximum of four foreign managers. Exceeding these limits requires the approval of the Ministry of Labour under the Labour Law.

Art. 3 of Decree No. 417-2018 includes the detailed list in Appendix No. 1 of economic activities that require a license from the competent administrative authorities before any investment can be conducted, specifying the deadlines for obtaining the relevant licenses, their conditions, and procedures. The list includes the communications sector, covering telecom and internet services, as well as commercial activities.
Art. 15-bis of the Investment Law (No. 71-2016), amended by Art. 11 of Law No. 47-2019, creates, within the Tunisian Investment Authority, a commission called the Commission of Authorisations and Approvals, composed of representatives of the ministries and public bodies concerned, which plays a key role in the approval or rejection of investment projects.

According to Art. 20 of Law No. 84-2000, an applicant for a patent domiciled abroad shall appoint an agent established in Tunisia.

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

Tunisia has a copyright regime under Law No. 36-1994. However, the exceptions do not follow the fair use or fair dealing model, limiting the lawful use of copyrighted work by others. Art. 10 of Law No. 36-1994 provided a list of exceptions, which has been expanded by Law No. 33-2009. The list of exceptions includes reproduction for scientific research purposes, reproduction as part of teaching activities, and the communication or reproduction of press articles published in newspapers or periodicals on current economic, political or social topics, among others.