Tunisia lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them in Art. 138 (Section V – Offenses relating to commerce and industry) and Art. 253 (Section VII – Misappropriation of correspondence, revelation of secrets) of the Tunisian Penal Code.

Art. 38-bis of Law No. 1-2001 (as amended by Art. 2 of Law No. 1-2008) requires operators of public telecommunications networks to allow other operators of public networks and access operators to exploit the components and resources of their networks, the physical co-location and common use of infrastructure. Therefore, there is an obligation for passive infrastructure sharing in Tunisia to deliver telecom services to end users. In addition, it is reported that it is practiced in the mobile sector and in the fixed sector based on commercial agreements.

Tunisia has a copyright regime under Law No. 2009-33, which amended Law No. 36-1994. However, the exceptions do not follow the fair use or fair dealing model, limiting the lawful use of copyrighted work by others. Art. 10 of Law No. 36-1994 provided a list of exceptions, which has been expanded by Law No. 33-2009. The updated list of exceptions includes: reproduction for scientific research purposes; reproduction as part of teaching activities; the communication or reproduction of press articles published in newspapers or periodicals on current economic, political or social topics, among others.

It is reported that the rate of unlicensed software installation in the country was 73% in 2017 (above the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 39 million. Concerns about weak copyright enforcement in Tunisia are also raised in several reports, which cite the country as a thriving market for counterfeit and pirated goods, particularly unlicensed software. This is despite Arts. 51-55 of Law No. 36-1994 on Literary and Artistic Property, last amended and completed by Law No. 33-2009, are devoted to punitive measures against piracy and other copyright offenses.

Tunisia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Tunisia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

According to Art. 20 of Law No. 84-2000, an applicant for a patent domiciled abroad shall appoint an agent established in Tunisia.

Tunisia is a party to the Patent Cooperation Treaty (PCT).

According to Art. 6 of the Investment Law No. 71 -2016, companies are allowed to hire foreign managers up to 30% of their total managerial staff during the first three years after establishment or commencement of effective production, with a mandatory reduction to 10% from the fourth year, and a maximum of four foreign managers. Exceeding these limits requires the approval of the Ministry of Labour under the Labour Law.

Art. 3 of the Decree No. 417-2018 includes the detailed list in Appendix No. 1 of economic activities that require prior obtaining a license from the competent administrative authorities, specifying the deadlines for obtaining the relevant licenses, their conditions, and procedures. The list includes the communications sector, covering telecom and internet services, and commercial activities.
Art. 15-bis of Law No. 71-2016, amended by Art. 11 of Law No. 47-2019, creates, within the Tunisian Investment Authority, a commission called the Commission of Authorisations and Approvals, composed of representatives of the ministries and public bodies concerned, which plays a key role in the approval or rejection of investment projects.

Pursuant to Art. 22 of the Organic Act No. 2004-63, the natural person or the legal representative of the legal entity wishing to carry out the processing of personal data and their agents must meet the following conditions: be of Tunisian nationality; be a resident of Tunisia; and have no criminal record. These conditions also apply to the subcontractor and its agents.

According to Art. 2 of the Decree the activity of expert auditor in the field of IT security must be carried out by a person of Tunisian nationality. If it is a legal entity providing this service cross-border, it must employ at least three national certified auditors.

Art. 31 ter of Law No. 1 of 2001 provides that the operation of a virtual telecommunications network shall be subject to prior authorisation by the Minister responsible for telecommunications after obtaining the opinion of the Instance Nationale des Télécommunications (INT, National Telecommunications Authority). The conditions and procedures for granting this authorisation are laid down by Decree No 2014-412. Art. 5 of the Decree stipulates that any legal entity wishing to obtain a licence to operate a virtual telecommunications network must, inter alia, have a majority Tunisian shareholding. Operator of a virtual telecommunications network is defined in Law No. 1 of 2001 as any legal entity holding an authorisation for the provision of telecommunications services by means of a telecommunications network and radio frequencies that it does not own.

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

According to Arts. 2, 3, 5 and 8 of Decree-Law No. 14-1961, some commercial activities are restricted to Tunisian nationals. Foreigners may hold up to 50% stake in the capital of companies engaged in certain activities, provided that they are managed by Tunisians. These activities are: commission agent, broker, commercial agent, consignee, general representative, general or sales agent, irrespective of the designation under which the activity is carried out; and commercial traveller. Art. 8 prohibits foreigners from engaging in certain specified business activities, such as wholesale distribution and retail trading, except where a waiver is granted by the Minister of Trade. Foreigners wishing to engage in commercial activity are required to obtain a foreigner’s trading permit by the Minister of Commerce. This applies to any form of provision of commerce, including e-commerce. This text has not been revised since 1985.
It is reported that foreigners may, however, set up international trading companies provided that at least 30% of the company's annual turnover is derived from the export of goods of Tunisian origin.