Art. 31 of the Ministerial Order No. 3/2020 requires economic agents operating public networks to facilitate access to their network centres and allow facility sharing.

The government owns shares in certain telecom companies. In particular, the main operator, Guinea Ecuatorial de Telecomunicaciones Sociedad Anónima (GETESA), is fully state-owned, although, in April 2022, the government announced plans for its privatisation. The government also owns 51% of Guinea Ecuatorial de Comunicaciones Sociedad Anónima (GECOMSA).

Equatorial Guinea is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II) as it is not a member of the WTO.

According to Law No. 6/1.990 on Special Regime for Investments of Small and Medium Enterprises (SMEs), several fiscal, customs and administrative benefits are established for Equatoguinean SMEs, including preferential access to public bids in the branch of their activity (Art. 18). According to Art. 6, Equatoguinean SMEs are companies with the following characteristics: (i) natural persons of Equatoguinean nationality own them; (ii) their share capital is represented by at least 51% by nationals and the management functions are effectively exercised by nationals; (iii) the annual turnover does not exceed XAF 500,000,000 (approx. USD 835,000). The special regime only applies to certain sectors, which are listed in Art. 8, including manufacturing and graphics services.

It is reported that there is a lack of clarity about the applicable regulation on public procurement, which makes the procedures opaque, although a draft law on public procurement and contracts is reportedly under discussion. It is unclear whether the Public Procurement Law No. 923/1965 of 8 April (amended by Decree No. 4/1980) is still in force. This older framework is reported to be incomplete, it does not meet international standards, and it does not ensure transparency in the awarding of contracts. As a result, most contracts are awarded directly.

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

Equatorial Guinea's foreign investment is regulated by Law No. 7/1992 and Decree No. 54/1.994, which allow open investment. Some limitations apply to a selected list of sectors listed in Art. 40 of Decree No. 54/1.994, which are not relevant to digital trade.

In accordance with Art. 5.4 of Law No. 7/1992 on the Investment Regime in the Republic of Equatorial Guinea, the Ministry of Planning issues a certificate approving or rejecting foreign investment projects after conducting background checks on the foreign investors involved in the investment projects. The background checks cover: (i) credit references; (ii) commercial background; and (iii) the moral solvency of the investors.

The only article of Decree No. 45/2020 establishes the amount of XAF 100,000 (approx. USD 165) as the minimum share capital for the incorporation of limited liability companies in Equatorial Guinea. Previously, under Art. 311 of the Uniform Act on Commercial Companies and Economic Interest Groups of the OHADA (organisation for the Harmonization of Business Law in Africa), the minimum capital required to register a limited liability company was one million XAF (approx. USD 1,650).

According to the Bangui Agreement, ratified by 17 States, including Equatorial Guinea, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.

It is reported that El Salvador does not restrict self-certification for foreign entities but only requires compliance with ITU standards. Art. 5 of the Telecommunications Law, on technical standards, states telecommunications equipment shall be subject to the norms and standards recommended by the International Telecommunications Union (ITU) or by other international organisations recognised by El Salvador.
In El Salvador, there is no homologation process for equipment that occupies radio frequencies. However, there is a verification and/or analysis of low-power devices (DBP). This process is for all devices that work in any band of the Radio Spectrum, and it is analysed if they are in accordance with the technical conditions stipulated in the National Frequency Allocation Table (CNAF or Cuadro Nacional de Atribución de Frecuencias). The natural or legal person who so requires, since it is not an obligation, may request a review of such devices, attaching the technical documentation necessary for the analysis.
It is reported that the following products need the approval of SIGTEC (Superintendencia General de Electricidad y Telecomunicaciones): RFID devices, WIFI modules, Bluetooth, Zigbee products, and Wireless Gateways.

According to Art. 1 of the Law for the Facilitation of non-commercial online purchases (Decree No. 208), the de minimis threshold, that is, the minimum value of goods below which customs do not charge duties, is USD 300, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This applies to purchases made by individuals under the modalities of postal shipments, express delivery or courier companies, small family shipments, and air parcel managers, who are exempt from the payment of import duties and are not subject to compliance with non-tariff requirements.

Decree No. 776 on Consumer Protection Law provides a comprehensive framework for consumer protection that also applies to online transactions. Art. 4 of the Consumer Protection Law provides a taxative list detailing the basic rights of the subjects benefited by the law. In addition, Arts. 21-A and 21-B refer to the obligations of suppliers in e-commerce.