Tajikistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Tajikistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Tajikistan has a telecommunications authority: Communication Service under the Government of the Republic of Tajikistan. According to Art. 1 of Decree 1026, which established the rule, it is not independent from the government.

According to Art. 18.2 of the Personal Data Act, international transfers of data are permitted to countries that provide adequate protection for personal data. However, the law does not provide a definition or description of what constitutes 'adequate protection'. Moreover, cross-border transfers to countries that do not provide adequate protection are possible in the following cases: with the consent of the data subject, where provided by international treaties binding on Tajikistan; for the protection of the rights and freedoms of persons and citizens, if it is impossible to obtain consent; and where provided by law, if it is necessary for the protection of constitutional order, public order, the rights and freedoms of persons and citizens, the health and integrity of citizens, and state security.

Tajikistan has not joined any agreement with binding commitments to open transfers of data across borders.

Act No. 1537 provides a comprehensive regime of data protection in Tajikistan.

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

Law No. 403 provides a framework for the effective protection of trade secrets.

There is no obligation for passive infrastructure sharing in Tajikistan to deliver telecom services to end users.

Tajikistan is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).

It is reported that corruption in public procurement is prevalent, with tax inspections being the most common form of routine corruption encountered by foreign investors.

Tajikistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, it has had observer status since 2014.

There are no restrictions on foreign ownership in sectors relevant to digital trade. According to Art. 4 of the Investment Law of Tajikistan, foreigners are permitted to establish wholly foreign-owned enterprises. However, Art. 5.1 of Investment Act No. 1299 allows for restrictions on investment in certain sectors based on national interest, though no official documentation specifies which sectors are subject to these restrictions.

It is reported that Tajikistan's State Committee on Investment and State Property Management reviews incoming foreign investments, including investments in its five Free Economic Zones, which involve government interests. In addition, the government pays particular interest to investments that require financial support or state guarantees.
Investors must submit their proposals to the relevant government agencies to solicit their opinions or objections. This process is reported to be lengthy and cumbersome. In most cases, the review includes the financial history of the company, the person representing the company and the identification of the source of funding to comply with anti-money laundering regulations. Moreover, it is reported that the inspector may reject proposals, and applicants may appeal the government's decision.

According to Art. 11 of the Invention Law, natural persons permanently residing outside the territory of the Republic of Tajikistan or foreign legal entities or their representatives may perform activities related to obtaining a protective document and maintaining its validity only through patent representatives registered with the Patent Office.