São Tomé e Príncipe has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Arts. 7 and 8 of Decree No. 20/2012 impose that the purchasers of SIM cards register their names and national identity numbers before the telecommunications operators.

São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

São Tomé e Príncipe has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Decree-Law No. 23/2016 - Intellectual Property Code establishes a comprehensive framework for the effective protection of trade secrets in São Tomé e Príncipe, including definitions, penalties, and applicable remedies. According to Art. 278, the disclosure, acquisition, or use of a competitor's business secrets without consent constitutes an offence punishable under this Code, provided the information meets the following criteria:
i) it is secret, meaning it is not generally known or readily accessible, in its entirety or in the specific configuration and assembly of its components, to individuals within circles that typically handle such information;
ii) it possesses commercial value due to its secrecy; and
iii) it has been subject to reasonable measures, under the circumstances, by the lawful holder of the information to maintain its secrecy.
Art. 280 stipulates fines ranging from DBS 5 million to DBS 50 million (approx. USD 200 to USD 2,200) for individuals, and DBS 25 million to DBS 250 million (approx. USD 1,110 to USD 11,150) for corporate entities.

There is an obligation for passive infrastructure sharing in São Tomé e Príncipe to deliver telecom services to end users under Art. 8.8 of Decree No. 6/2013. It is practised in both the mobile and fixed sectors based on commercial agreements.

The government owns 49% of the shares of Companhia Santomense de Telecomunicações, SARL (CST).

São Tomé e Príncipe does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of accounting separation since 2007, according to Arts. 6.1 and 25 of Law No. 24/2007.

São Tomé e Príncipe has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. This is because São Tomé e Príncipe is not a member of the WTO, although it is an observer.

The General Regulatory Authority of the Democratic Republic of São Tomé e Príncipe (AGER) is the executive authority for the supervision and administration of services in the telecommunications sector. The authority is independent from the government in the decision-making process, as confirmed in Art. 5 of Decree-Law No. 14/2005, which states that AGER is a legal person governed by public law, with technical, administrative and financial autonomy and its own assets.

According to Art. 19 of Law No. 03/2016, cross-border transfer of personal data is only permitted to countries considered to provide adequate levels of protection, as determined by the National Data Protection Agency (ANPDP). However, according to Art. 20, the transfer to a legal system that does not ensure an adequate level of protection may be carried out by notifying the ANPDP or is permitted where the data subject has given their consent;
- the transfer is necessary for the performance of a contract between the data subject and the controller;
- the transfer is necessary for the performance of a contract entered into in the interest of the data subject between the controller and third party;
- the transfer is necessary or required by law for the protection of an important public interest or for the declaration, exercise or defence of a right in legal proceedings
- the transfer is necessary to protect the vital interests of a data subject; or
- the transfer is made from a register which, according to the laws or regulations, is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest provided conditions laid down in the law for consultation are fulfilled in each case.
In addition, the ANPDP may authorise a transfer or a set of transfers of personal data to a jurisdiction which does not ensure an adequate level of protection provided that the controller ensures adequate mechanisms to ensure the protection of privacy and the fundamental rights and freedoms of persons and of their performance, in particular by means of appropriate contractual clauses.

São Tomé e Príncipe has not joined any agreement with binding commitments to open transfers of data across borders.

Law No. 03/2016 establishes a comprehensive data protection framework and addresses matters such as data processing notifications, data protection principles, data processor agreements, and essential data subject rights.

A basic legal framework on intermediary liability for copyright infringement is absent in São Tomé e Príncipe's law and jurisprudence.