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

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

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

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.

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 his/her 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 defense 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 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.

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 is an obligation of accounting separation since 2007, according to Arts. 6.1 and 25 of Law No. 24/2007.

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

São Tomé e Príncipe lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 1 of Law No. 02/2017 states that protected literary and artistic works include computer programs, while Art. 278 of Decree No. 23/2016 states that the disclosure, acquisition or use of business secrets of a competitor without its consent constitutes an offence punishable under the Code. Additionally, Art. 280 establishes that the offences are punishable with fines of Dbs 5 Million to Dbs 50 Million (approx. 200 USD to 2,200 USD) for individuals and Dbs 25 Million to Dbs 250 Million (approx. 1,110 USD to 11,150 USD) 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 practiced in the mobile sector and in the fixed sector based on commercial agreements.

São Tomé e Príncipe is a party to the Patent Cooperation Treaty (PCT).

São Tomé e Príncipe has a copyright regime under the Copyright Code of 2017. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 75 lists the exceptions, which include reproduction and making available to the public by means of social communication and for the purposes of information; reproduction for scientific research purposes; reproduction as part of teaching activities; reporting current events; among others.