Art. 31 ter of Law No. 1 of 2001 requires prior authorisation from the Minister responsible for telecommunications to operate a virtual telecommunications network. This authorisation is granted after consultation with the Instance Nationale des Télécommunications (INT). The conditions and procedures for obtaining the authorisation are detailed in Decree No. 2014-412.
Art. 5 of the Decree specifies the following requirements:
- The legal representative of the applicant must be a Tunisian citizen and hold either a higher education degree, an equivalent qualification, or certified training at the same level in information technology, telecommunications, or multimedia.
- The applicant must be a legal entity established under Tunisian law with a minimum share capital of TND 150,000 (approx. USD 48,500), which must be owned nominally and primarily by Tunisian nationals.

According to Art. 2 of Decree No. 4773-2014, Internet Service Providers (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 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.

Tunisia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of Commitments annexed to the Fourth Protocol on Basic Telecommunications.

It is reported that the Instance Nationale des Télécommunications (INT, National Telecommunications Authority), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. Art. 63 (bis) of Law No. 01-2001 provides that the INT shall have legal personality and financial autonomy.

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

Tunisia has a copyright regime under 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 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.

Enforcement of copyright in Tunisia remains comparatively weak, with rights holders and international firms pointing to inconsistent enforcement actions and a limited deterrent effect. These shortcomings are reportedly relevant in the audio and video markets, where piracy continues to be widespread, and porous borders facilitate smuggling and the circulation of counterfeit and pirated goods. Furthermore, emerging forms of infringement, such as illegal IPTV streaming, place additional strain on already limited enforcement capacity.

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

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

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.

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.

The government owns shares in certain telecom companies. In particular, the Tunisian State owns 65% of Tunisie Telecom's capital, and since 2011, it has owned 10% of the shares of Ooredoo Tunisia and 51% of the shares of Orange Tunisia.

It is reported that Tunisia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. According to Art. 26-bis of Law No. 1-2001 promulgating the Telecommunications Code, operators of public telecommunications networks and access networks undertake to keep analytical accounts distinguishing between each network and each service and to refrain from any anti-competitive practices, in particular cross-subsidisation.