It is reported that the Eswatini Communications Commission (ESCCOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

The Public Enterprises (Control and Monitoring) Act (PEA) has no specific provisions that prohibit the appointment of foreigners as board members or directors in government-owned enterprises. However, there has never been an instance where a foreigner was appointed to be either a chief, director or board member of a government enterprise. It is reported that, when one looks at the architecture of the appointment process for members of the board for government enterprises, it is clear that the intention is not to have foreigners forming part of the boards of these entities. The Board members are appointed by the responsible Minister in consultation with the Standing Committee, which is comprised of Cabinet Ministers (Sections 2 and 6).

It is reported that every foreign investor must obtain a trading licence in line with the Trading Licence Order of 1975. In addition, foreign investors must also acquire residence and work permits prior to their investments and are required to hire local workers wherever possible.

According to Section 12 (c) of the Patents Act, an application for a patent is mandated to state an address for service in Eswatini to which all notices and communications may be sent, including the full postal, residential, and business addresses of the applicant. In terms of Sections 10 and 11 of the Patents Act, there are no restrictions on the application, registration, and recognition of patents for both local and foreign firms. The Registrar of Patents is mandated to register patents where the application is made in accordance with Section 9 of the Act without any distinction on whether the applicant is a foreign or local holder of the patent.

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

Eswatini has a clear regime of copyright exceptions that follows the fair dealing model, allowing others to make lawful use of copyrighted works without obtaining permission. The Copyrights and Neighbouring Rights Act 4/2018 outlines the limitations and permitted acts that align with international standards and regulations. Part IV of the Act specifies that no copyright infringement occurs in several instances, including fair dealing for research or private study, as well as fair dealing for criticism, review, or news reporting. This fair dealing model has been applied since the previous law, The Copyright Act, 1912, which was repealed by the current Act.

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

According to Art. 12 of the Public Procurement Regulations, procuring entities may grant a price preference of up to 15% to Eswatini companies in the bidding process. According to Art. 12.2 of the Regulations, an Eswatini company is a company registered in Eswatini and whose controlling shares are 60% owned by Eswatini citizens. In addition, foreign companies can also enjoy a price preference of up to 7.5% if they subcontract to Swazi companies or supply Swaziland-made products.

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

The Eswatini Post and Telecommunications Corporation (EPTC) is entirely owned by the government, with no local or foreign firms holding equity shares in the corporation. Sections 3-5 of the Swaziland Post and Telecommunications Corporation Act establish the corporation and its governing structures in accordance with the Public Enterprises (Control and Monitoring) Act (PEA).
According to Section 53 of the Electronic Communications Act, EPTC shall have the exclusive right of establishing, constructing, maintaining and operating the national telecommunications backbone infrastructure within the country.

Eritrea has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

According to Art. 5.2 of the Investment Proclamation No. 59/1994, foreign investment in domestic retail and wholesale trade, import, and commission agency is limited. The government sets a precondition of having a bilateral agreement of reciprocity with the country of the investor if the Eritrean government waives this precondition. As a result, it is reported that the government strictly controls all imports and exports, severely limiting foreign investment.

Art. 34 of the Communication Proclamation No. 102/1998 declares that the possession, establishment, and use of radio equipment or a system with interworking radio equipment is provided only by the Communications Department of the Ministry of Transportation and Communications.

Art. 5 of the Investment Proclamation No. 59/1994 states that all sectors are open to any investors, with the exception of domestic retail, domestic wholesale, import, and commission agency companies, which are excluded unless there is a bilateral agreement of reciprocity. Yet, it is reported that, in practice, this law has been suspended. The ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors in which private investment is accepted and defines the terms under which it is permitted. As a result, investment is de facto prohibited in most sectors of the economy (with the exception of mining), including the e-retail sector. It has also been reported that the majority of large enterprises are either wholly or partially owned by the government or the PFDJ.