Art. 26:7 of the 2021 Procurement Law stipulates that the procurement of information technology and communications systems considered strategic by the Federal Government may be limited to technologies that are developed and manufactured within Brazil. Although Law No. 14,133 came into effect in April 2021, it did not repeal Law No. 8,666 until 30 December 2023. The latter law had previously included this restriction in Art. 3:12.

Art. 5 of Decree 7.174 of 12 May 2010 requires federal agencies and parastatal entities to give preferential treatment to domestically produced computer products and goods or services with technology developed in Brazil based on a price/technology matrix.

Art. 3 of Law 8,666 establishes that:
- under equal conditions, as a tie-breaking criterion, preference is given, successively, to goods and services produced in the country, produced or provided by Brazilian companies, produced or provided by companies that invest in research and technology development in the country;
- in the bidding processes, a margin of preference may be established for manufactured products and for national services that meet Brazilian technical standards, technological development and innovation carried out in the country. For manufactured products and national services resulting from technological development and innovation carried out in the country, an additional margin of preference may be established for that provided. These margins may be applied to goods and services from the Southern Common Market (MERCOSUR). The Federal Executive Power establishes the margins, and their sum cannot exceed the amount of 25% of the price of foreign-manufactured products and services.

Art. 26 of Law No. 14,133 states that a margin of preference in the bidding process may be established in favour of domestic manufactured goods and services that meet Brazilian technical standards. This margin may be up to 10% on the price of goods and services and also be extended to manufactured goods and services originating in States that are part of the Southern Common Market (Mercosur). The article also mentions that in the case of national manufactured goods and national services resulting from development and technological innovation in the country, the margin of preference may be up to 20%.

According to Section 29 of the Electronic Payments Services Regulations, licensees for electronic payment systems must adhere to transaction limits set in Schedule 3 of the regulations. Operating limits for account-based payment systems (e-money account, execution of card payment, credit transfers and direct debits) have a monthly aggregate transaction limit within the range of BWP 20,000 (approx. USD 1,750) to BWP 30,000 (approx. USD 2,600) for individual customers and BWP 50,000 (approx. USD 4,350) for SMEs, while for retail agents the monthly aggregate transaction limit is BWP 1,000,000 (approx. USD 87,000).

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

The Consumer Protection Act and the Electronic Communications and Transactions Act provide a comprehensive consumer protection framework that applies to online transactions.

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

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

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

With the exception of goods originating in Malawi, import permits – issued by the Department of International Trade in the Ministry of Investment, Trade, and Industry – are required for goods entering Botswana directly from outside the Southern Africa Customs Union (SACU). Any public or private body whose product satisfies all the requirements of a Botswana product standard can apply to the Botswana Bureau of Standards (BOBS) for the product to be certified. Samples of the product are then tested to verify its conformance to the requirements of the product standard, and if the results are acceptable, the product can then obtain the BOBS certification mark.
Regulations 3 and 6 of the Standards (Import Inspection) Regulations of 2008 provide that a compliance certificate should be obtained for all commodities or goods to be imported into Botswana. The imported commodities should either comply with the Bureau standards or international or foreign standards recognised by the Bureau for the compliance certificate to be issued.

According to Art. 5 of the Type Approval Guidelines, type approval applies to anyone who imports, manufactures, uses, or supplies telecommunication or broadcasting equipment for use or sale in Botswana. The person who wants to use or sell this product must register the equipment with Botswana Communications Regulatory Authority (BOCRA), prior to importing, unless the equipment concerned has already been registered in BROCA’s Type Approval Database. According to Art. 6, for registration, the application must be accompanied by a declaration of conformity (DoC) and a full set of test reports confirming compliance with declared conformity. In addition, according to Section 6.5, it is not necessary to submit any other documentation or a sample of the equipment unless requested to do so by BOCRA. As specified in Art. 10, test results must be obtained from a labouratory that has been accredited by a body that is a member of the International labouratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement. Test results should be included with the application unless BOCRA specifically states in writing that test results are not required. The equipment must be tested for compliance with BROCA’s technical specifications (or equivalent) and should cover areas of safety, electromagnetic compatibility (EMC), and technical standards. Reference to such compliance must be included in the declaration of conformity submitted with the application.

Section 10 of the Data Protection Act gives the Commissioner the power to access any personal data that is processed without a requirement for a court order to obtain the information. The Commissioner simply has to request for the information or document in writing. The Commissioner also has to stipulate the timeframes within which information should be provided. A person who does not comply with the Commissioner's request is liable to a sanction.

It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Botswana's law and jurisprudence. Despite Part VIII of the Electronic Communications and Transactions Act protects information service providers from any civil or criminal liability with respect to third-party material stored or transmitted on their platforms if they did not contribute to the material, according to Art. 39 of the Act, nothing in the Act shall affect any liability of the service provider under the Copyright and Neighbouring Rights Act in respect of the infringement of copyright in any work or other subject matter in which copyright subsists.

Part VIII of the Electronic Communications and Transactions Act protects information services providers from any civil or criminal liability with respect to third-party material stored or transmitted on their platforms if they did not contribute to the material. It is also expected that the information service providers should expeditiously remove or disable access to the infringing content upon receiving a take-down notice.