It is reported that passive sharing is mandated in Estonia, and it is practiced in mobile based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.

The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Estonia transposed the Directive through the Restriction of Unfair Competition and Protection of Business Secrets Act and through a series of amendments to the Penal Code, the Code of Criminal Procedure, and the Code of Civil Procedure.

Estonia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

It is reported that Estonia has high rates of software and content piracy. Several industries benefiting from copyright, and in particular the software industry, are concerned about the weak overall enforcement in Estonia. Moreover, TV piracy is especially common in the three Baltic countries (Latvia, Estonia, Lithuania). It was reported in 2021 that Estonia exhibited the highest number of monthly accesses to pirated content per user.

Estonia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

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

There is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Copyright Act grants exceptions under § 17-27 and 75 provided that there is no commercial use of said rights and that the free use does not harm the legitimate right holders.

It is reported by IP Agency Lasvet that court proceedings for patent litigation are often cumbersome and time-consuming, and that there is a lack of technical know-how on IP issues in the country's court system. This is despite the Directive 2004/48/EC on the enforcement of intellectual property rights states that Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays. Estonia transposed the Directive through a series of amendments to existing legislation in 2006.

Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used. In Estonia, the Directive has been transposed with the Public Procurement Act.

The Public Procurement Act (PPA) 2017 § 11 (1) provides for a general principle (2) that the contracting authority treats the following entities equally: all persons whose place of residence or seat is in: Estonia, in another Member State of the European Union, in another contracting state of the European Economic Area, or signatory of the WTO Government Procurement Agreement. Therefore, other countries are not given the same treatment.
Moreover, subchapter 3 of the Act stipulates that the contracting authority is not required to apply the rules of the Act if the main purpose of awarding a public contract is to provide or exploit public communications networks or to provide to the public an electronic communications service.

It is reported that the lack of transparency is a challenge for public procurement procedures in Estonia, especially for foreign bidders, including with respect to overly narrow definitions of tenders, and implicit biases in favor of local vendors and state-owned enterprises.

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

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

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

The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act on Marketing Practices.