A basic legal framework on intermediary liability for copyright infringement is absent in Mozambique's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Mozambique's law and jurisprudence.

Mozambique has a copyright regime under the Copyright Act. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 9-20 lists the exceptions, which include reproduction for private purposes; reproduction in the form of a quotation; use for educational purposes; among others.

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

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

There is no comprehensive regulatory framework for trade secrets in Mozambique, but the Industrial Property Code covers general principles applicable to trade secrets. Art. 213.3 considers it an offence of unlawful competition to remove, disclose or use confidential data or information relating to the production or use of certain products or processes or relating to the provision of services of a competitor without their consent and in a manner which is contrary to honest commercial practices, provided that such information is secret, in the sense that it is not known or easily accessible to persons in circles that usually deal with the kind of information in question, either as a whole or in the specific configuration and assembly of its components; has a commercial value because it is secret; has been subject to reasonable precautions, taken by the person lawfully in control of the information, under the circumstances, to keep it secret.

It is reported that there is an obligation for passive infrastructure sharing in Mozambique to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.

Tmcel - Moçambique Telecom SA, a state-owned enterprise, was once the monopoly holder in the telecommunications sector but has since lost its dominant position. Despite its state ownership, Tmcel no longer leads the market, with Vodacom SA now commanding the largest market share, holding 49% of subscribers.

It is reported that Mozambique does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

The Telecommunications Regulatory Fees Decree No. 68/2016 sets minimum capital requirements for obtaining a telecom licence, with the specific limits outlined in Annex II as follows:
- 70 million MZN for unified licences (approximately USD 1,090,000);
- 56 million to 86,000 MZN for telecommunications networks (approximately USD 877,000 to USD 1,300);
- 11.25 million to 43,000 MZN for telecommunications services (approximately USD 176,000 to USD 6,700);
- 34,000 to 113,000 MZN for the supply, installation, maintenance, import, distribution, and sale of telecommunications equipment (approximately USD 530 to USD 1,790);
- 25,000 to 55,000 MZN for numbering licences (approximately USD 390 to USD 860).

Mozambique has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Instituto Nacional das Comunicações de Moçambique (INCM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

According to Art. 7 of the Telecommunications Network Security Regulation, personal data of the residents in Mozambican territory must be stored within the boundaries of national borders and governed by the jurisdiction of Mozambique. However, the network and public telecommunications service operators can store consumer data in the cloud outside of the territorial space, provided it ensures that the personal data storage is subject to the national jurisdiction and is made available to the authorities upon request.

Mozambique has not joined any free trade agreement committing to open transfers of cross-border data flows.

Art. 22 of Law No. 8/2023 (which repealed the previus Investment Law No. 3/1993) establishes a screening regime for foreign investment projects considered sensitive due to their potential economic, environmental, security, or public health impacts, as well as for large-scale undertakings. This regime also applies to public-private partnership ventures, business concessions, and projects requiring at least 10,000 hectares of land, among others. According to Art. 16 of Decree No. 8/2024, applicants within this authorisation regime must submit detailed technical, economic, and financial feasibility studies to prove the viability of their projects. In contrast, projects not subject to the authorisation regime are only required to undergo a registration regime, which mandates the submission of an investment proposal without the need for comprehensive feasibility studies.