All internet and mobile service providers in Zambia are privately owned, with the exception of Zambia Telecommunications Company Limited (ZAMTEL), which was nationalised in 2012 under former president Michael Sata. Sata’s predecessor, Rupiah Banda, had previously privatised the company, but the state reversed this sale, restoring ZAMTEL to 100% government ownership. Despite ZAMTEL's smaller share in the mobile market, it has historically held a larger share of fixed-line subscriptions and is the only mobile operator offering landline telephone services. As of May 2018, MTN is the dominant mobile service provider with a 44% market share, followed by Airtel with 39.7% and ZAMTEL with 15.9%.

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

Pursuant to Art. 10.1 of the Information and Communication Technology Law No. 15 of 2009, the Authority issues the following licenses: (i) Network License: allows for the construction, ownership or provision of an electronic communications network, or the provision of network services; and (ii) Service License: allows for the provision of one or more electronic communications services. Licensees must ensure that all applications submitted comply with the provisions of the 2017 Licensing Guidelines. Statutory Instrument No. 11 establishes a minimum share capital requirement for private telecommunications companies of ZMW 15,000 (approximately USD 860). The licensing requirements include the technical and financial capability of the applicant, a comprehensive business plan, company information on shareholders, relevant company registration documentation, a list of directors, place of domicile and tax clearance, technical plan, roll-out plan, network diagrams and explanations, target customers, pricing for products and services, financial projects, anticipated capital expenditure, value proposition, among others. There are complaints about the licensing process. On the one hand, it is reported that foreign investors in the telecom sector are required to disclose certain proprietary information to the Zambia Development Agency (ZDA) as part of the regulatory approval process. On the other, it is reported that prospective mobile service provider Uzi Mobile stated that licensing issues contributed to its decision to withdraw from Zambia in 2020.

Section 91 of the Public Procurement Act establishes a preference and reservation scheme for citizens or local suppliers, as well as bidders offering goods, works, or services with local content. Certain procurement opportunities are also reserved for target groups, including SMEs, women, youths, and persons with disabilities. Additionally, greater preference is granted to joint ventures or associations involving citizens or local suppliers than to foreign suppliers subcontracting them. The margin of preference to be applied is not predetermined; instead, it is set by the Public Procurement Authority in collaboration with the Citizens' Economic Empowerment Commission and other relevant government departments and statutory bodies in each tender procedure.

According to the National Local Content Strategy 2018-2022, government policy mandates a minimum of 35% utilisation of local inputs and/or products in the production and provision of goods and services across the economy.

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

According to the Companies Act 1994 and its amendment, the Companies Act 2017, there are no restrictions on foreign ownership in sectors relevant to digital trade.

According to Art. 303 of the Companies Act 2017 (No. 10 of 2017), a foreign company is required to appoint at least one local director. This requirement has been in effect since the Companies Act of 1994 (Art. 248).

It is reported that the Zambia Development Agency (ZDA) Board conducts mandatory screening of all foreign investments. Investment applications undergo thorough due diligence to assess factors such as job creation, human resource development, the project's export orientation, its potential environmental impact, the extent of technology transfer, and any other considerations deemed relevant by the Board.

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

Zambia 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 21 of the Copyright Act enumerates a wide range of exceptions, including (i) use for private study or personal research by an individual, provided it is not for profit; (ii) criticism or review of the work, or any other work, with proper acknowledgement; and (iii) reporting of current events, among others.

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

According to Art. 39.4 of the Public Procurement Act, a procuring entity must use open international bidding when goods, works, or non-consulting services are not competitively available from at least three suppliers within the Republic of Zambia. Furthermore, Art. 39.5 stipulates that participation in open international bidding is open to all bidders, including citizen bidders, local bidders, and foreign bidders partnered with citizen bidders or citizen suppliers. Foreign bidders participating under Subsection 5 are required to partner with a citizen supplier or citizen bidder.

According to Art. 41 of the Public Procurement Act, procuring entities must use open national selection as the default method for procuring consulting services. However, open international selection must be used in cases where (i) consulting services are not competitively available from at least three suppliers within the Republic of Zambia; (ii) regional or international participation is required under an agreement entered into by the Government; or (iii) the procuring entity operates in a specialised industry, and the consulting services needed are of a specialised nature.