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

Fiji has a telecommunications authority, the Telecommunications Authority of Fiji (TAF), established under the Telecommunications Act 2008. However, it has been reported that the decision-making processes of TAF are not fully independent from government influence, raising concerns about the regulator’s institutional autonomy.

Fiji has not joined any agreement with binding commitments to open transfers of data across borders.

Fiji does not currently possess a comprehensive legal framework governing all aspects of personal data protection. Instead, it adopts a sector-specific regulatory approach. Various legislative instruments address issues related to electronic transactions, cybercrime, and consumer protection. Notably, the Telecommunications Promulgation 2008 sets out obligations for telecommunications service providers concerning the confidentiality of customer data and the requirement to obtain consent. In addition, the Online Safety Act 2018 seeks, among other objectives, to prevent the misuse of personal information in digital environments. Additionally, the Cybercrime Act 2021 includes provisions that criminalise, inter alia, unauthorised access to computer data.

It is reported that, despite the framework established under Fiji’s Copyright Act 1999, enforcement remains weak and constrained by limited capacity. The unauthorised uploading and downloading of Fijian musical works is reportedly widespread, and effective mechanisms to protect creators and their intellectual property are described as lacking in practice. Stakeholders further report that the Copyright Act 1999 does not incorporate provisions specifically addressing digital piracy.

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

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

Fiji lacks a comprehensive regime for the protection of trade secrets.

There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in the mobile and fixed sectors based on commercial agreements.

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

Lack of transparency in public procurement is reportedly a persistent issue among stakeholders in Fiji. There is a perception among foreign investors that there is a lack of transparency in government procurement and approval processes.

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

Fiji’s foreign investment regime is governed by the Investment Act 2021, which establishes a generally open investment framework. Under Art. 10, investors may invest across all sectors and regions in Fiji. The Act also allows the Government to impose ownership ceilings as a regulatory tool for restricted activities. However, the current Investment (Reserved and Restricted Activities) Regulations 2022 do not list digital trade–relevant sectors as restricted activities.

Pursuant to Art. 91 of the Companies Act 2015, every company other than a private company must have at least three directors, and at least two of those directors must ordinarily reside in Fiji. Furthermore, for private companies, at least one director must ordinarily reside in Fiji.