Act No. 18 of 2024 establishes a comprehensive data protection framework in Botswana, repealing and re-enacting the Data Protection Act of 2018 with substantial amendments. While the 2018 Act regulated data controllers and processors, emphasised consent, and introduced data subject rights alongside restrictions on direct marketing, sensitive data, and cross-border transfers, the 2024 Act expands its scope to include both automated and non-automated processing. It introduces specific provisions for handling sensitive personal data and imposes additional conditions for lawful processing, such as data minimisation, accuracy, storage limitation, and accountability. In addtion, it mandates Data Protection Impact Assessments (DPIAs), the appointment of Data Protection Officers (DPOs), and stricter penalties for non-compliance. Although the Act broadly aligns with the EU General Data Protection Regulation (GDPR), it diverges by introducing custodial sentences of three to twelve years for particular offences.

Clause 15.5 of the Service and Application License terms and conditions states that all accounts and records of the licensee providing electronic communication services under the Communications Regulatory Authority Act (No. 19 of 2012) must be kept in secure locations and formats to ensure their preservation. Performance-related data must be retained for at least one year, and all financial records must be retained for at least five years.

Copyright enforcement online in Botswana is inadequate. Reports indicate that piracy and content theft in Botswana primarily take the form of online broadcast piracy, which entails using video and audio content without the permission of the rights holders.

Botswana is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

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

Section 76 of the Public Procurement Act stipulates that, except as otherwise provided under this Act, all works, services, and supplies procurement should be reserved for a citizen or national contractor. In particular, certain procurement activities are reserved for local producers or suppliers. These include:
- Procurement activity offered only by a fully national-owned MSME;
- Goods manufactured locally by a fully national contractor;
- Services provided by a citizen or a fully national contractor;
- A procurement activity intended to promote innovation, local technology, and the commercialisation of the procurement activity; and
- The creation of jobs, capacity-building, and skills transfer.
Further details about reservation schemes can be found in Regulation 88 of the Public Procurement Regulations.
The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a different reservation scheme. Section 71 of the repealed Act provided that reservation schemes applied to procurement of the following nature: low complexity; limited scale; repetitive in nature; having a financial ceiling; open only to citizen contractors; and based only on competition among the eligible contractors in the classification in question.

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

In accordance with Art. 53 of the Public Procurement Act, domestic bidding should be employed, unless otherwise prescribed. Further details regarding selection and procurement methods can be found in Part IV of the Public Procurement Regulations. Open domestic bidding is defined as a procurement method open to participation on equal terms by all service providers domiciled in Botswana.

Botswana does not have any regulation on trade secrets. The area is usually left to common law, usually invoked in the courts. The common way in which trade secrets are protected is through the use of non-disclosure agreements (NDAs) and contracts.

Section 72 of the Public Procurement Act establishes price preference schemes for citizens and citizen contractors in accordance with the government's economic and social objectives. Further details regarding preference schemes can be found in Part X of the Public Procurement Regulations. The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained the same measure in Section 66.

Section 80 of the Public Procurement Act stipulates that a preference may apply for supplies of any product produced in Botswana. The degree of preference may vary depending on the percentage of value addition or local content. The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a similar measure in Section 75.

In accordance with Section 81 of the Public Procurement Act, primary contractors, whether domestic or foreign, may be required to engage citizen subcontractors as part of their bid submission or during the execution of a bid award. Additionally, Regulation 86 of the Public Procurement Regulations stipulates that when a primary contractor enters into a contractual arrangement with a citizen subcontractor under Section 81 of the Act, a margin of preference shall be applied to the evaluated tender price. Furthermore, Section 97 of the Public Procurement Regulations specifies that when a procuring entity considers subcontracting feasible, it should facilitate this to enhance the skills and contracting capacity of fully citizen-owned micro, small, and medium enterprises. In such cases, the primary contractor is required to subcontract a portion of the total value of works, services, or supplies to a citizen, citizen contractor, or local contractor.
The Public Procurement Act repealed the Public Procurement and Asset Disposal Act, which contained a similar measure in Section 76.

According to Art. 92 of the Public Procurement Act, a contractor who intends to bid for a procurement may apply to the Authority to be listed in the Contractors' Register. To do so, the contractor should be licensed under the relevant laws of Botswana and domiciled in the country. The authority shall review the Contractors' Registry every five years and delete any contractor who has not applied for a renewal of the certificate registration.

In accordance with Section 85 of the Public Procurement Regulations, procuring entities must include a mandatory provision in tender documents requiring successful bidders to transfer technological or other skills to citizens or local contractors. This transfer is to be achieved through training, mentoring, and active participation. Additionally, the tender document must reserve employment opportunities for citizens in works, consultancy services, and non-consultancy services, including positions at the professional and management levels.

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