South Africa has not joined any free trade agreement committing to open transfers of cross-border data flows.

South Africa has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Section 12 of the Copyright Act lists the exceptions, which include private reproduction for personal purposes, reproduction and other utilisation for teaching and scientific non-commercial purposes, reproduction, broadcasting, and other communication to the public for informatory purposes, among others.

Copyright is not adequately enforced online in South Africa. It has been reported that enforcing copyright online in the country is challenging, particularly in the music, film, and software industries. Online piracy and infringement of copyright laws are prevalent in the country, and many entities, locally and internationally, have expressed concerns about inadequate enforcement mechanisms and legal frameworks. In addition, it is reported that South Africa failed to reach the mandated levels of copyright protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), especially regarding the enforcement of online copyright and piracy. Moreover, industry associations such as the Southern African Music Rights Organization (SAMRO) and the Recording Industry of South Africa (RiSA) have also raised concerns about widespread piracy and infringement of copyright laws in the country.

South Africa has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1997, but has not ratified it.

South Africa has signed the World Intellectual Property Organization (WIPO) Copyright Treaty in December 1997, but has not ratified it.

South Africa does not have specific legislation governing trade secrets or know-how, though they can be effectively protected under South African common law.

It is reported that there is no obligation for passive infrastructure sharing in South Africa to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.

The State of South Africa exclusively owns Broadband Infraco, a state-licensed telecommunications company. The State is the only shareholder and member of Infraco, as stipulated in Art. 3 of the Broadband Infraco Act No. 33 of 2007. As a result, the Minister has the power to act on behalf of the State and exercise all the rights and benefits associated with Infraco's ownership, including shareholder and membership rights, to the exclusion of other stakeholders.

It is reported that Telkom, a major wireless telecommunications provider, is largely state-owned, with the South African government holding 40.5% of its shares and an additional 14.8% owned by the Public Investment Corporation (PIC), a state-owned entity closely linked to the government. Additionally, Broadband Infraco, founded in 2007, is fully state-owned and provides wholesale telecommunications infrastructure services to other providers in South Africa. This initiative was part of the government’s strategy to boost competition and broaden access to telecommunications services within South Africa.

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

It is reported that South Africa does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.

According to Art. 64.1 of the Electronic Communications Act, South Africa has imposed restrictions on foreign control of commercial broadcasting services. A foreign entity is prohibited from directly or indirectly exercising control over a commercial broadcasting licensee or holding a financial interest, or any interest in voting shares or paid-up capital, in a commercial broadcasting licensee exceeding 20%.
As defined in Art. 1 of the Act, "broadcasting" refers to any form of unidirectional electronic communication intended for reception by: (a) the public; (b) sections of the public; or (c) subscribers to any broadcasting service. This communication may be conveyed by means of radio frequency spectrum, any electronic communications network, or a combination.
Furthermore, under Art. 4 of the Digital Sound Broadcasting Services Regulation, existing sound broadcasting service licensees are permitted to simulcast their current sound broadcasting programme(s) on both analogue and digital platforms.

The State of South Africa exclusively owns Broadband Infraco, a state-licensed telecommunications company. The State is the only shareholder and member of Infraco, as stipulated in Art. 3 of the Broadband Infraco Act No. 33 of 2007. As a result, the Minister has the power to act on behalf of the State and exercise all the rights and benefits associated with Infraco's ownership, including shareholder and membership rights, to the exclusion of other stakeholders.

According to Art. 64.2 of the Electronic Communications Act, not more than 20% of the directors of a commercial broadcasting licensee may be foreigners. Additionally, according to Art. 4 of the Digital Sound Broadcasting Services Regulation, existing sound broadcasting service licensees may simulcast their existing sound broadcasting programme(s) on analogue and digital platforms.

It is reported that merger and acquisition-related FDI is scrutinised closely for its impact on jobs and local industry. Sections 13-14 of the Competition Act of 1998 set out the approval mechanism for mergers. In addition, Section 14 of the Competition Amendment Act of 2018 amends Section 18A of the Competition Act, adding a screening in case the implementation of a merger involving a foreign acquiring firm may have an adverse effect on the national security interests of the Republic. National security interests are defined broadly, including "critical infrastructure" sectors.