The Bahamas lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to Art. 23 of the Freedom of Information Act 2017, a record is exempt from disclosure to the public if such disclosure relates to information acquired by a public authority from business, commercial or financial undertakings, and (a) the information relates to trade secrets or other matters of business, commercial or financial nature; or (ii) the disclosure of the information would be likely to expose the undertaking to a disadvantage. Moreover, it is reported that trade secrets may be protected by contract or by common law.

According to Art. 2.1 of the Infrastructure Sharing Regulations, upon written request by an infrastructure applicant to an infrastructure provider, the infrastructure applicant shall provide access to its facilities and the infrastructure provider shall not unreasonably refuse or delay such access. In addition, under Art. 2.2, the infrastructure provider shall negotiate in good faith with the infrastructure applicant on matters relating to access to the facilities and, once granted, shall not withdraw or impede such agreed access, except in the following circumstances: (i) where authorised by the Utilities Regulation and Competition Authority (URCA); (ii) under a dispute resolution process under Part 6 of these Regulations; or (iii) by order made by the Public Utilities Appeal Tribunal or a court of law.

The Bahamas Telecommunications Company Limited (BTC) is the largest provider of electronic communications services in the Bahamas and operates fixed, mobile and broadband networks. In April 2011, BTC was partially privatised when Cable and Wireless Communications acquired a 51% stake in the company, while the rest of the shares are state-owned.
The second mobile telecommunications company licensed in The Bahamas is "Be Aliv Limited" (“Aliv”), which is owned by Cable Bahamas Ltd with 48.25% shareholding and HoldingCo2015 Limited with the remaining 51.75% of the shares. The latter is fully owned by the Government of The Bahamas.

According to Art. 39 of the Communications Act, the Utilities Regulation and Competition Authority (URCA) may at any time determine that a licensee is a Significant Market Power (SMP) licensee if the licensee, individually or with others, enjoys a position of economic strength which enables it to hinder the maintenance of effective competition on the relevant market by allowing it to behave to an appreciable extent independently of its competitors, consumers and subscribers. Under Art. 40.1, the URCA may impose specific conditions on licensees determined to have SMP in the relevant market or relevant markets, including obligations relating to (i) cost recovery and price controls, including obligations for cost orientation of prices and obligations concerning cost accounting systems; and (ii) the submission of regulatory accounts or financial statements separating the key business activities of the licensee.

The Bahamas has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, the country is not a member of the WTO.

It is reported that the Utilities Regulation and Competition Authority (URCA), 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. 27 of the Public Procurement Act 2023, where the estimated contract amount in a proposed procurement is below the threshold of BSD 155,000 (approx. USD 155,000), the procurement shall be by open competitive bidding limited to national bidders. On the other hand, when the amount is equal to or higher than BSD 155,000, the procurement shall be open to national and international bidders. However, a procuring entity may apply to the Chief Procurement Officer for approval to open any procurement with a contract value below BSD 155,000 to international bidders. It is reported that international bidders must register with the Public Procurement Department. The Public Procurement Act of 2023 repealed and replaced the Public Procurement Act of 2021, which contained the same restriction in its Art. 31.

Foreign companies have complained about a lack of transparency in government procurement. Companies complain that the tender process for public contracts is inconsistent and allege it is difficult to obtain information on the status of bids.

The Bahamas is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). In fact, the country is not a member of the WTO.

It is reported that in The Bahamas, several business sectors have been reserved for Bahamian nationals. Therefore, foreigners cannot invest, although there are cases in which the National Economic Council (NEC) has made exceptions. These sectors include: (i) commission agencies engaged in import or export; (ii) domestic advertising; and (iii) domestic newspapers and magazine publications. It is not clear whether these restrictions also apply online.

It is reported that all foreigners or permanent residents seeking to do business in The Bahamas must submit a project proposal to the Bahamas Investment Authority (BIA). The BIA serves as a “one-stop shop” to assist investors in navigating the approvals process through various departments and agencies of the Government to ensure that requirements are met before the investment application is submitted to the National Economic Council or Cabinet for approval. The services of the BIA are available to all investors that meet the minimum requirement of an investment exceeding BSD 500,000 (approx. USD 500,000).
The BIA's Project Proposal Guidelines list the type of information and documentation that investors should provide when submitting proposals, consistent with the National Investment Policy. This includes a local representative (attorney, account, or agent) and an environmental impact, among other information.
It has been reported that companies have complained about significant delays in the approval process for FDI, including cases where the government has failed to respond to investment applications.

The Bahamas is not a party to the Patent Cooperation Treaty (PCT).

The Bahamas is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.

According to Art. 52 of the Framework Regional Integration Policy on Public Procurement 2011, CARICOM countries can apply a margin of preference to suppliers from the region. However, the law does not specify the margin of preference.