Tunisia lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them in Art. 138 (Section V – offences relating to commerce and industry) and Art. 253 (Section VII – Misappropriation of correspondence, revelation of secrets) of the Tunisian Penal Code.

Art. 38-bis of Law No. 1-2001 (as amended by Art. 2 of Law No. 1-2008) requires operators of public telecommunications networks to allow other operators of public networks and access operators to exploit the components and resources of their networks, the physical co-location and common use of infrastructure. Therefore, there is an obligation for passive infrastructure sharing in Tunisia to deliver telecom services to end users. In addition, it is reported that it is practised in both the mobile and fixed sectors based on commercial agreements.

According to Art. 2 of Decree No. 4773-2014, ISPs must be authorised by the Minister responsible for telecommunications after consultation with the Minister of the Interior and the National Telecommunications Authority. Art. 3 stipulates that any person wishing to be authorised as an Internet Services Provider (ISP) must meet the following conditions:
- In the case of a natural person, be of Tunisian nationality and hold a university degree or equivalent;
- In the case of a legal person, be constituted in accordance with Tunisian law, with a share capital of at least TND 1,000,000 (approx. USD 322,000) held in name and by a majority of Tunisian nationals.
Art. 4 adds that granting of the ISP authorisation is subject to the payment of a fee of TND 150,000 (approx. USD 48,500), payable on the date of granting the authorisation.

The Order of the Minister of Commerce and the Minister of Development, Investment and International Cooperation of 17 April 2020 establishes specific requirements for practising as a commercial advertising agent in Tunisia, including restrictions on foreign equity participation. Art. 7 stipulates that legal entities must be subject to Tunisian law, managed by Tunisian nationals, and have foreign capital limited to a maximum of 50%. Additionally, natural persons or legal representatives of entities must meet qualifications outlined in Art. 3, including holding a national licence or its equivalent, completing at least two years of higher education, and demonstrating one year of professional experience in an advertising agency. Art. 4 further requires that individuals practising in this field must hold Tunisian nationality. Annex 2 of the specifications identifies digital communication services—such as website and application development, online content management, and social media oversight—as part of the activities carried out by commercial advertising agents.

According to Art. 2 of Decree No. 4773-2014, ISPs must be authorised by the Minister responsible for telecommunications after consultation with the Minister of the Interior and the National Telecommunications Authority. Art. 3 stipulates that any person wishing to be authorised as an Internet Services Provider (ISP) must meet the following conditions:
- In the case of a natural person, be of Tunisian nationality and hold a university degree or equivalent;
- In the case of a legal person, be constituted in accordance with Tunisian law, with a share capital of at least TND 1,000,000 (approx. USD 322,000) held in name and by a majority of Tunisian nationals.
Art. 4 adds that granting of the ISP authorisation is subject to the payment of a fee of TND 150,000 (approx. USD 48,500), payable on the date of granting the authorisation.

Art. 31 ter of Law No. 1 of 2001 stipulates that operating a virtual telecommunications network requires prior authorisation from the Minister responsible for telecommunications, following consultation with the Instance Nationale des Télécommunications (INT). Decree No. 2014-412 outlines the conditions and procedures for obtaining this authorisation, with Art. 5 specifying that any legal entity applying for a licence must ensure majority ownership by Tunisian shareholders. Under Law No. 1 of 2001, a virtual telecommunications network operator is defined as a legal entity authorised to provide telecommunications services using a network and radio frequencies it does not own.

Art. 22 of Organic Act No. 2004-63 mandates that individuals or legal representatives of entities intending to process personal data, along with their agents, must satisfy specific requirements, including Tunisian nationality, residency in Tunisia, and the absence of a criminal record. These criteria also extend to subcontractors and their respective agents.

According to Art. 6 of the Investment Law No. 71 -2016, companies are allowed to hire foreign managers up to 30% of their total managerial staff during the first three years after the establishment or commencement of effective production, with a mandatory reduction to 10% from the fourth year, and a maximum of four foreign managers. Exceeding these limits requires the approval of the Ministry of Labour under the Labour Law.

Art. 3 of Decree No. 417-2018 includes the detailed list in Appendix No. 1 of economic activities that require a license from the competent administrative authorities before any investment can be conducted, specifying the deadlines for obtaining the relevant licenses, their conditions, and procedures. The list includes the communications sector, covering telecom and internet services, as well as commercial activities.
Art. 15-bis of Law No. 71-2016, amended by Art. 11 of Law No. 47-2019, creates, within the Tunisian Investment Authority, a commission called the Commission of Authorisations and Approvals, composed of representatives of the ministries and public bodies concerned, which plays a key role in the approval or rejection of investment projects.

It is reported that high-value joint ventures involving foreign investors require approval from the Tunisian Government, which evaluates the potential benefits of the investment for the national economy.

According to Art. 20 of Law No. 84-2000, an applicant for a patent domiciled abroad shall appoint an agent established in Tunisia.

Tunisia is a party to the Patent Cooperation Treaty (PCT).

Tunisia has a copyright regime under Law No. 2009-33, which amended Law No. 36-1994. However, the exceptions do not follow the fair use or fair dealing model, limiting the lawful use of copyrighted work by others. Art. 10 of Law No. 36-1994 provided a list of exceptions, which has been expanded by Law No. 33-2009. The updated list of exceptions includes reproduction for scientific research purposes, reproduction as part of teaching activities, and the communication or reproduction of press articles published in newspapers or periodicals on current economic, political or social topics, among others.

Art. 26 of Decree No. 1039-2014 provides that offers submitted by Tunisian companies (in public works contracts as well as the Tunisian products in all markets to supply goods) would be preferred to offers from foreign firms and products of any origin other than Tunisian, whenever such services and products are of equal quality, and as long as the price of Tunisian products does not exceed more than 10% the amounts of the offers of foreign companies and the prices of foreign goods.
In addition, Art. 12 of Decree-Law No. 68-2022 provides that an additional preference of 20% of the total price of the contract to bids from Tunisian economic operators for contracts for studies, works and the supply of goods and services over bids, from foreign economic operators.

Decree No. 1039-2014 promotes the participation of national companies alongside foreign bidders in international public procurement. Specifically:
- Art. 22 stipulates that procurement specifications encourage foreign bidders to involve local companies in executing the maximum number of orders, products, equipment, or services, wherever local industry and companies can fulfil a portion of the contract's requirements.
- Art. 23 encourages foreign consulting firms to collaborate with one or more Tunisian consulting firms or experts.
- Art. 24 provides incentives within the procurement specifications for foreign companies specialising in the industrial sector and in developing computer content and software to partner with specialised Tunisian companies, selected based on predefined criteria.

Additionally, Art. 10 of Decree No. 68-2022 requires foreign bidders to engage local companies for at least 20% of the total value of orders or the provision of goods, equipment, and services for these projects.