The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Equatorial Guinea and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others.

Equatorial Guinea is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II) as it is not a member of the WTO.

According to Law No. 6/1.990 on Special Regime for Investments of Small and Medium Enterprises (SMEs), several fiscal, customs and administrative benefits are established for Equatoguinean SMEs, including preferential access to public bids in the branch of their activity (Art. 18). According to Art. 6, Equatoguinean SMEs are companies with the following characteristics: (i) natural persons of Equatoguinean nationality own them; (ii) their share capital is represented by at least 51% by nationals and the management functions are effectively exercised by nationals; (iii) the annual turnover does not exceed XAF 500,000,000 (approx. USD 835,000). The special regime only applies to certain sectors, which are listed in Art. 8, including manufacturing and graphics services.

It is reported that there is a lack of clarity about the applicable regulation on public procurement, which makes the procedures opaque, although a draft law on public procurement and contracts is reportedly under discussion. It is unclear whether the Public Procurement Law No. 923/1965 of 8 April (amended by Decree No. 4/1980) is still in force. This older framework is reported to be incomplete, it does not meet international standards, and it does not ensure transparency in the awarding of contracts. As a result, most contracts are awarded directly.

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

Equatorial Guinea's foreign investment is regulated by Law No. 7/1992 and Decree No. 54/1.994, which allow open investment. Some limitations apply to a selected list of sectors listed in Art. 40 of Decree No. 54/1.994, which are not relevant to digital trade.

In accordance with Art. 5.4 of Law No. 7/1992 on the Investment Regime in the Republic of Equatorial Guinea, the Ministry of Planning issues a certificate approving or rejecting foreign investment projects after conducting background checks on the foreign investors involved in the investment projects. The background checks cover: (i) credit references; (ii) commercial background; and (iii) the moral solvency of the investors.

The Electronic Commerce, Electronic Signatures and Data Messages Law and the Organic Law on Consumer Defence provide a comprehensive framework for consumer protection that also applies to online transactions. Arts. 36-39 of the former provides information about administrative entities of regulation, authorisation, and registration. Arts. 41-42 set out the sanctions for the illegal activities of merchants. And Arts. 48-50 clarifies consumers' rights, including the consent to the acceptance of data messages and the protection of consumers' information. In addition, the Organic Law on Consumer Defence also provides additional safeguards for online consumer protection

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

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

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

According to Art. 1 of COMEX Resolution No. 008-2022, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is set at USD 400.

According to Art. 415 of the Companies Law, foreign companies must appoint at least one representative to carry out all legal acts and businesses that are destined to take effect in the national territory. This representative must be able to answer the demands and comply with the obligations. In addition, they must constitute in Ecuador a capital destined for the activity to be developed.