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

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

It is reported that passport registration is required when buying a SIM card in Djibouti, a copy is taken in the shop.

It was reported in 2024 that the government blocks access to social media platforms such as Facebook and Messenger. This restriction has been in place for the past three years, with access limited to individuals who use virtual private networks (VPNs) on their mobile devices.

The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Djibouti for the year 2024. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."

It is reported that Djibouti has import restrictions in place on transceiver devices, which require authorisation from the Ministry of Communication, which is in charge of Posts and Telecommunications. A transceiver is a combination transmitter/receiver in a single package. While the term typically applies to wireless communications devices, it can also be used for transmitter/receiver devices in cable or optical fibre systems. For fibre optic transceivers, the most widely used HS Code is 851762, falling under “Machines for the reception, conversion and transmission or regeneration of voice, image or other data, including switching and routing apparatus”, a code included in the original Information Technology Agreement.

According to Art. L.1211-16 of the Commercial Code, any natural or legal person (of Djiboutian or foreign nationality) wishing to undertake commercial activities, including imports, is subject to registration in the Register of Commerce and must register with the Directorate-General of Taxation to obtain an importer's licence.
In addition, Art. 196 provides the conditions for the issuance or renewal of any import license, which must be subject to the production of the relevant proof of insurance document.

It is reported that there is no regulatory obligation for the sharing of passive infrastructure in Djibouti for the provision of telecommunications services to end-users, and such sharing is not practised in either the mobile or fixed sectors.

According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that foreign investors can acquire in publicly controlled firms. Djibouti Télécom (DT), which is fully state-owned has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".

The Government holds equity in Djibouti Telecom, the state-owned enterprise that operates as the monopoly provider of telecommunications services. The company is wholly owned by the Fonds Souverain de Djibouti (FSD), the national sovereign wealth fund. In 2021, the Government reportedly announced its intention to attract a strategic investor to acquire up to a 49% stake in Djibouti Telecom. To date, this initiative has not yielded any tangible results.

A general requirement for accounting and functional separation for dominant network operators has not been found in the law. Yet, some requirements apply to Djibouti Telecom, which benefits from an exclusive licence and, as of 2023, has a monopoly on national and international telecommunications throughout the country. According to Art. 68 of Law No. 80/AN/04/5th L, the Regulatory Agency may open up the provision of telecommunications services to competition in certain markets and localities, where Djibouti Telecom may only operate through subsidiaries. In this case, pursuant to Art. 70, relations between the operator and its subsidiaries are governed by the principle of financial and accounting separation.

Djibouti Telecom holds the monopoly of national and international telecommunications throughout Djibouti. In this respect, Art. 68 of Law No. 80/AN/04/5th L provides that Djibouti Telecom shall be granted an exclusive licence.
Art. 12 of the Law provides that the establishment and operation of telecommunications networks or services open to the public, using limited resources or using the public highway, is subject to obtaining a licence issued by the Minister. According to Art. 14, licences are granted if minimum conditions of continuity, quality and availability are respected, conditions for infrastructure sharing are met, a contribution is made to the cost of universal access to ICTs, and specific requirements for national defence and public security are met, among others.
Art. 7.e further clarifies that the Minister issues suspends, and withdraws licences on the proposal of the Regulatory Agency under the conditions laid down by the provisions of this law.

Djibouti has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Art. 2 of Law No. 074/AN/20/8ème L provides for the establishment of the Multisectoral Regulatory Authority of Djibouti, which is a legal entity of public law, independent, with financial autonomy and management. The Authority is responsible for inter alia telecommunications and ICT.

It is reported that Djibouti has not joined any agreement with binding commitments to open transfers of data across borders.