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.

State participation remains significant in Fiji’s domestic telecommunications market, where Amalgamated Telecom Holdings Ltd (ATH) holds a dominant position in both the fixed-line and mobile segments. As of June 2024, the Fiji National Provident Fund (FNPF) owns 72.71% of ATH, while the Government of Fiji holds 15.25%, with the remaining 12.05% held by individual and institutional shareholders. In the fixed-line market, Telecom Fiji Ltd (TFL)—a wholly owned subsidiary of ATH—is the leading operator. FINTEL, also fully owned by ATH, is the main provider of international voice and data transmission services. In the mobile segment, Vodafone Fiji is jointly owned by ATH and FNPF, with a 51% and 49% shareholding, respectively. Additionally, the internet service provider Connect operates as a wholly owned subsidiary of TFL.

It is reported that Fiji does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, functional separation has been an obligation since 2012.

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.

According to Art. 7 of the Investment Act 2021, the minister responsible for investment may prohibit a foreign direct investment for the protection of national security interests. A foreign investor intending to invest in a sector that may have potential effects on, inter alia (i) critical infrastructure such as energy, transport, communications, data storage or financial infrastructure; (ii) critical technologies such as artificial intelligence, robotics, semiconductors, technology with potential dual use application, cyber security; (iii) the security of supply of critical inputs; or (iv) access to sensitive information or the ability to control sensitive information, must submit a proposal of the investment to the Minister for an approval to invest in that sector.
According to reports, the Investment Regulation 2022 outline a detailed process for the prior screening system. However, the full legal text is not currently available online.

According to Art. 5 of the Investment Act 2021, the minister responsible for investment, with the approval of Cabinet and following consultations with relevant stakeholders, must prescribe by regulation a comprehensive and exclusive list of reserved and restricted activities. In the case of restricted activities, the regulation may establish a minimum investment threshold, an ownership ceiling, whether general or activity-specific, or any other measure considered effective in achieving its intended objective.
Pursuant to Section 3 of the Investment (Reserved and Restricted Activities) Regulation 2022, the minimum capital requirement for foreign investment is set at FJD 300,000 (approx. USD 134,000). However, certain activities listed under Schedule 1 of the restricted activities are subject to higher thresholds. The current version of the Schedule 1 does not include any activity related to digital trade.

Fiji is not a party to the Patent Cooperation Treaty (PCT).

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.