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

Art. 41 of the Ministerial Order No. 3/2020 states that the judicial authority and other bodies authorised by Equatoguinean legislation can authorise interception by telecom licence holders, subject to public service obligations. Obligated subjects must configure their equipment in such a way as to facilitate access by authorised agents to all communications transmitted, generated for transmission or received by the subject of a lawful interception, as well as to the traffic data associated with these communications. Also, Art. 42.6 provides that where obliged entities apply compression, encryption, digitisation or any other type of encoding to communications subject to lawful interception, they shall hand over those communications without the effects of such processes, provided that they are reversible. In addition, Art. 42.7 stipulates that interception must take place in real-time. Art. 42.3 also stipulates that the obligated parties must communicate to the authorised agent, among other data, the identity or identities of the subject of the interception measure and the other parties involved in the electronic communication.
According to 6 and Art. 34 of the Ministerial Order, the companies subject to public service obligations include fixed telephony, broadband, 2G, 3G, 4G and 5G mobile telephony and data services. In addition, carrier services for the provision of voice, data and broadband, as well as broadcasting services and their respective networks, are also considered essential.

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

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 only article of Decree No. 45/2020 establishes the amount of XAF 100,000 (approx. USD 165) as the minimum share capital for the incorporation of limited liability companies in Equatorial Guinea. Previously, under Art. 311 of the Uniform Act on Commercial Companies and Economic Interest Groups of the OHADA (organisation for the Harmonization of Business Law in Africa), the minimum capital required to register a limited liability company was one million XAF (approx. USD 1,650).

According to the Bangui Agreement, ratified by 17 States, including Equatorial Guinea, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.

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

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