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

Haiti does not have a comprehensive data protection regime in place.

It is reported that the Executive Body of the National Telecommunications Council (CONATEL) has instructed the relevant parties to facilitate the installation of TABS servers for the collection of call data records (CDR) and the generation of traffic reports on time division multiplexing (TDM) by the network operating centre. The head of CONATEL has further ordered that the decryption key enabling access to and interpretation of the CDR be placed at its disposal. These measures were undertaken by the Haitian authorities pursuant to Art. 21 of the Decree of 12 October 1977, which stipulates that all telecommunications services are required to collaborate with the State in the manner defined by the decree and its implementing regulations and to facilitate the supervision incumbent upon the State.

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

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

Under CONATEL Décision No. OE-CNT-DEC20130004, telecom operators must ensure that purchasers of pre-activated SIM cards can be identified, either directly or through a seller accountable for verifying the purchaser’s identity. The identification obligation applies at activation/commissioning, and operators must maintain a database containing the legal identification details of all users or subscribers for each number in service.

Under Arts. 8, 9.1 and 9.2 of CONATEL Administrative Circular No. CNT-CIR20220005, commercial distributors must obtain a licence for each type-approved electronic communications product they wish to import. Art. 8 distinguishes between Category 1 distributors of electronic communications equipment and Category 2 distributors of satellite Internet services and the associated terminal equipment or earth stations.
Imported telecommunications equipment is also subject to inspection and verification by CONATEL, which grants the authorisation required for its release from Customs, in addition to the ordinary customs formalities. The Circular expressly identifies mobile phones, equipment incorporating radio-frequency (RF) or Internet Protocol (IP) modules, optical or laser equipment, commercial Very Small Aperture Terminal (VSAT) equipment and other telecommunications terminals among the equipment subject to homologation fees.

It is reported that businesses and importers have faced lengthy and difficult customs-clearance procedures in Haiti, resulting in significant delays and long waits for imported goods. Earlier reports also identified non-transparent and corrupt customs practices, including requests for unofficial payments to clear shipments and, in some cases, the negotiation of customs duties with inspectors. More recent reporting indicates that systematic physical inspections and the temporary suspension of simplified clearance channels have further prolonged border-clearance times. Off-site inspection arrangements have also been acknowledged as creating corruption risks.

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

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

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

It is reported that there is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users and that passive sharing is practised in both the mobile and fixed sectors based on commercial agreements. The obligation has not been found in the law, although Art. 12 of the Decree-Law of 12 October 1977 states that, in order to obtain maximum efficiency and output for the provision of services, agreements can be concluded for the distribution of networks, equipment and buildings between public services of the same or different nature, subject to of the approval of the State Secretariat of Public Works, and Transport and Communications.

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

Although Haiti’s Public Procurement Law sets open tendering as the default method for procurement (Art. 29), certain restrictions can be found in the Public Procurement Regulation. Art. 60 of the "Order of 26 October 2009 Specifying the Modalities for the Application of the Law Establishing the General Rules Relating to Public Procurement and Public Service Works Concession Agreements" reserves participation in competitive tendering and direct contracting for goods and non-consultancy services financed from Haiti’s own resources to Haitian companies duly authorised to operate and registered with the Direction Générale des Impôts, DGI, General Directorate of Taxes. Foreign suppliers may participate only where an applicable international agreement permits their participation or where Haitian companies are unable to provide the required goods or services.