According to Art. 20, any personal data may be transferred only to countries that have legislation ensuring a level of protection for individuals similar to that provided by Malagasy law. Exceptionally, and with the agreement of the Malagasy Commission on Information Technology and Liberties (CMIL), the transfer of personal data is possible when the data controller presents sufficient guarantees for the protection of privacy and the fundamental rights and freedoms of individuals. In addition, it is also permitted when the individual concerned gives his/her full consent when it is in his/her interest or for the performance of a contract concerning that individual.

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

Law No. 2014 - 038 provides a comprehensive regime of data protection in Madagascar. The Law declares that the processing of personal data is based on four main pillars, namely the principles of legitimate purpose and fairness of collection and processing, the existence of data subjects' rights, the presence of an independent supervisory authority, and the establishment of an enforcement regime. In relation to its scope of application, the Law covers the processing of personal data carried out by controllers established on the state territory, as well as processing that utilises means that are located on the national territory, even when the controller is not established in Madagascar. The Malagasy Commission on Information Technology and Liberties (CMIL), the independent authority responsible for the compliance with the principles provided in the Law, has not yet been established.

According to Art. 51 of the law, any data controller (for all sectors) shall appoint a data protection officer (DPO). The designation of the DPO is notified to the Malagasy Commission on Information Technology and Liberties (CMIL) by any written procedure. The Commission shall keep an updated list of the designated delegates.

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

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

It is reported that Madagascar imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.

Art. 176 of the Law No. 2016-029 states that the clients of a web host and the website owners must provide their real identity and exact contact details.

According to Art. 176 of Law No. 2016-029, the Internet Service Providers (ISPs) and any other online service providers are obliged to monitor the content of the websites they support. They shall notify the National Authority for the Regulation of Media Communication of any illegal activity or content of which they are aware. In the absence of immediate reporting, it is sanctioned by a fine of 1 million to 3 million Ariary (approx. USD 226 to USD 678). The article also states that the clients of a web host or the website owners must provide their real identity and exact contact details.

Madagascar lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them contained in the Industrial Property (Art. 49-2) and Law No. 2005-020 on Competition.

It is reported that there is an obligation for passive infrastructure sharing in Madagascar to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

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

According to Art. 49-I and II of Law No. 2016-055, any contracting authority may apply a margin of preference not exceeding 15% to a tender submitted by an international tenderer who intends to subcontract at least 25% of the overall value of the contract concerned to a local or community small and medium-sized enterprise (SMEs). Moreover, in awarding a contract with an international scope, preference may be given to the tender submitted by a national company. This preference shall be quantified as a percentage of the tender value.