In July 2021, a SIM card registration and limitation of subscriptions per individual and network campaign was launched by the telecommunications regulatory authority ARCEP, supported by leading telecom operators Moov Africa Togo and TogoCom. The SIM registration requirements include a national identity card or passport and the collection of biometric and demographic data.

There is no discrimination in licensing between nationals and foreigners. However, there is the possibility of limiting the number of licenses by decree of the Council of Ministers (Article 5.2 of the Law on Electronic Communications). All individual licenses are issued by order of the minister in charge of the electronic communications sector after authorisation by decree of the Council of Ministers. There is also an authorisation scheme which prevails for the establishment and operation of independent networks and the use of radio frequencies (Article 9). It is also reported that there are minimum capital requirements to obtain a license, although the amount is not specified.

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

Togo has a telecommunications authority: Autorité de Régulation des Communications Électroniques et des Postes (ARCEP). However, it is reported that this entity is not fully independent.

Art. 28 of Law No. 2019-014 on the protection of personal data states that data can only be transferred abroad if the third country ensures an adequate level of privacy protection. Art. 29 permits a transfer of data provided that the transfer is one-off, not massive and that the person to whom the data relates has expressly consented to its transfer, or if the transfer is necessary under specific conditions. Moreover, according to Art. 30, the Data Protection Authority may authorise the transfer of data if the data controller provides sufficient guarantees with regard to the protection of privacy, fundamental rights and freedoms of the persons concerned and the exercise of the corresponding rights.

Art. 21 of Law No. 2019-014 prohibits the processing of sensitive data related to racial or ethnic origin, religious, philosophical, political, or trade union opinions or activities, sex life, health, social measures, prosecutions, or criminal and administrative sanctions (defined in Art. 4). Several exceptions to this prohibition are outlined in Art. 22. These exceptions include cases in which the data has been deliberately made public by the data subject, the data subject has provided explicit written consent in accordance with applicable legal provisions, the processing is necessary to protect the vital interests of the data subject or another person, particularly when the data subject is incapacitated, or the processing is required for the establishment, exercise, or defence of legal claims.
Processing is defined as any operation or set of operations provided for in Art. 2, whether or not carried out using automated processes and applied to data, such as collection, exploitation, recording, organisation, conservation, adaptation, modification, extraction, storage, copying, consultation, use, communication by transmission, dissemination or otherwise making available, alignment or combination, as well as the blocking, encryption, erasure or destruction of personal data (Art. 4).

According to the Bangui Agreement, ratified by 17 French-speaking States, including Togo, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.

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

Togo has a copyright regime under the law Law no. 91-12. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 20-24 list the exceptions, which include communications such as representation, performance, and broadcasting if they are private, performed exclusively within the family circle and do not give rise to any type of income; if they are conducted free of charge for strictly educational or school purposes or during a religious service in premises reserved for that purpose; among others.
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Benin and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.

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

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

Art. 94 of the Electronic Communication Law obliges encryption service providers to comply with lawful interception orders. Refusal to provide secret decryption codes to government agencies is punishable by a fine between USD 3,544 and USD 14,178. However, Art. 628 of Law No. 2015-10 of November 24, 2015 on the New Penal Code refers to the criminal offence against disclosure of information pertaining to a company's business secret.

Togo does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Togo, since 2002.

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

The incumbent telecommunications company in Togo, TogoCom, initially fully owned by the government, underwent partial privatisation under Decree No. 2019-142/PR. This decree permitted up to 51% of the company’s shares to be transferred to the private sector, resulting in a 51% acquisition by Agou Holding consortium, made up of the Madagascan conglomerate Axian (majority) and the capital-investor Emerging Capital Partners (ECP). Although no legal framework restricts foreign capital in the telecommunications sector, the Togolese Government maintains a 49% stake.