According to Art. 12 of the Public Procurement Regulations, procuring entities may grant a price preference of up to 15% to Eswatini companies in the bidding process. According to Art. 12.2 of the Regulations, an Eswatini company is a company registered in Eswatini and whose controlling shares are 60% owned by Eswatini citizens. In addition, foreign companies can also enjoy a price preference of up to 7.5% if they subcontract to Swazi companies or supply Swaziland-made products.

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

The Eswatini Post and Telecommunications Corporation (EPTC) is entirely owned by the government, with no local or foreign firms holding equity shares in the corporation. Sections 3-5 of the Swaziland Post and Telecommunications Corporation Act establish the corporation and its governing structures in accordance with the Public Enterprises (Control and Monitoring) Act (PEA).
According to Section 53 of the Electronic Communications Act, EPTC shall have the exclusive right of establishing, constructing, maintaining and operating the national telecommunications backbone infrastructure within the country.

Eritrea 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. 5.2 of the Investment Proclamation No. 59/1994, foreign investment in domestic retail and wholesale trade, import, and commission agency is limited. The government sets a precondition of having a bilateral agreement of reciprocity with the country of the investor if the Eritrean government waives this precondition. As a result, it is reported that the government strictly controls all imports and exports, severely limiting foreign investment.

Art. 34 of the Communication Proclamation No. 102/1998 declares that the possession, establishment, and use of radio equipment or a system with interworking radio equipment is provided only by the Communications Department of the Ministry of Transportation and Communications.

Art. 5 of the Investment Proclamation No. 59/1994 states that all sectors are open to any investors, with the exception of domestic retail, domestic wholesale, import, and commission agency companies, which are excluded unless there is a bilateral agreement of reciprocity. Yet, it is reported that, in practice, this law has been suspended. The ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors in which private investment is accepted and defines the terms under which it is permitted. As a result, investment is de facto prohibited in most sectors of the economy (with the exception of mining), including the e-retail sector. It has also been reported that the majority of large enterprises are either wholly or partially owned by the government or the PFDJ.

According to Art. 4 of the Proclamation No. 173 of 2013 and Arts. 33-36 of Proclamation No. 32 of 1993, all payments in the country are required to be in local currency, therefore requiring foreign firms to use local currency and payment methods in local currency.

It is reported that Eritrea’s legislation rigorously regulates capital flows, including the payment for the importation of goods and currency exchange, which results in a significant challenge for organisations in Eritrea to transfer foreign currency into or out of the country and to settle essential overseas bills. The National Bank of Eritrea is responsible for approving and managing all fund transfers into and out of the country and has the authority to disapprove a transfer. Furthermore, local funds are not freely convertible to any world currency. The exchange rate is determined by the government and does not fluctuate. In addition, it has been alleged that the government is in breach of Article VIII of the International Monetary Fund (IMP) with regard to restrictions on payments and transfers for international transactions.

Eritrea does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.

Eritrea does not have any legal provisions regarding consumer protection that are applicable to online commerce.

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

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

The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in Eritrea for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."

Eritrea does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. The Penal Code of the State of Eritrea discusses “Fraudulent Unfair Competition” in its Art. 359, penalising the acts of misappropriating others' “secret of manufacture, organisation or process” and misusing it in a “manner contrary to good faith”, with imprisonment between one and three years.