Gambia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

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

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

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

Gambia has an independent telecom authority, the entity in charge of the regulation of telecommunications is The Gambia Public Utilities Regulatory Authority. Section 15 (Independence of the Authority) of the Gambia Public Utilities Regulatory Authority Act, 2001 establishes that the Authority shall not be subject to the direction or control of any person or authority in the performance of its functions or exercise of its powers under this Act and shall act in all matters and at all times impartially.

Section 9 of the Gambia Draft Data Protection and Privacy Policy 2019 allows for cross-border transfer of personal data only where an appropriate level of protection is guaranteed. This is the case when:
- An assessment by the Gambian data controller that the receiving country has protective measures for data received under international agreements or approved standardised and binding safeguards;
- A data subject has given explicit, specific and free consent after being informed of risks arising in the absence of appropriate safeguards ensuring data protection;
- Legitimate interests such as public interests.
However, as a guideline, this policy has no force of law and, therefore, is not legally binding.

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

The Gambia does not have a general data protection legislation. However, certain data protection requirements can be found in the Gambian Information and Communications Act 2009 and the Gambia Draft Data Protection and Privacy Policy 2019. The latter has no force of law; therefore, it is not legally binding. It is only a policy document on data transfer and privacy.

Section 141.8 of the Information and Communications Act stipulates that information and communications service providers shall retain subscriber data for compliance with the disclosure requirements set out in the subsection. In particular, they have to retain:
- the telephone number or other identifier of the subscriber terminal for three years from the date when the contract is terminated; and
- general subscriber data for three years.
In Section 2, information and communications services means a service normally provided for remuneration which consists of the conveyance of signals on information and communications networks, including information and communications services and transmission services in networks used for broadcasting as well as services providing or exercising editorial control over content transmitted using information and communications networks.
On the other hand, Section 181(1) of the Act requires that certain documents, records, or information be retained in the form of electronic records for accessibility that enables the identification and origin of electronic records. The documents that are retained are automated and transaction electronic documents, records and information (Section 176) either in their original form or an unaltered copy. There is no specified timeframe for the retention of electronic records.

The Information and Communication Act 2009 empowers the Public Utilities Regulatory Authority (the public authority that supervises ICT in the Gambia) when exercising its powers relating to frequency monitoring to intrude, monitor, intercept and store data communication for surveillance purposes without judicial oversight. (Section 138 ICA 2009). This means that government surveillance can be conducted without court orders. Moreover, it is reported that investigative authorities need only cite suspicious activity to request technology companies to monitor users' communications.
In December 2019, the Attorney General and Minister of Justice introduced amendments to the Information and Communications Act 2009 to provide judicial oversight/monitoring for government surveillance, but The Gambian parliament rejected the amendments.

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

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

Section 1 of the Subscriber Identity Module (SIM) Registration Regulations, 2011, stipulates that a network operator or service provider shall not activate a SIM card unless the subscriber has completed the SIM registration process. Section 2 outlines the requirements for SIM registration, specifying that the network operator or service provider must collect (a) the subscriber's name and residential or occupational address, (b) the date of (i) birth, in the case of an individual; (ii) incorporation, in the case of a body corporate; or (iii) registration, in the case of a partnership or an unincorporated body of persons; and (c) an identification document.

Gambia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Gambia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.