Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Spain, the Directive has been transposed with the Royal Decree-Law 3/2020.

The Law on Public Sector Contracts, Art. 1, applies the principles of freedom of access to tenders and non-discrimination and equality of treatment among bidders. However, Art. 68 stipulates that tenderers may not participate in public procurement procedures when they do not come from countries that are part of the EU, the European Economic Area or the WTO Government Procurement Agreement or countries that admit the participation of Spanish companies in their public procurement procedures (principle of reciprocity).
Additionally, Art. 68(2) stipulates that specific administrative clauses may require non-European companies that are awarded works contracts to open a branch in Spain, with the appointment of proxies or representatives for their operations, and to be registered in the Mercantile Register.

According to the Royal Decree 571/2023, both local and foreign private entities can establish and own businesses with no limits on foreign ownership.

Decree-Law No.20/2022 extended the temporary regime from Royal Decree-Law No. 8/2020, which requires approval from the Ministry for Industry, Trade, and Tourism for certain foreign direct investments (FDI) in Spain. This regime, initially set to end in March 2020, has been extended to December 31, 2024. The General Screening Mechanism applies to FDIs in strategic sectors such as telecommunications, artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, nanotechnologies, advanced materials, advanced manufacturing systems, and activities that may impact national security, public order, and public health. Temporarily, Royal Decree-Law 20/2022 requires FDI transactions to receive authorisation if they involve: (i) listed companies in Spain or unlisted companies where the investment exceeds EUR 500 million; (ii) investors or beneficial owners controlling more than 25% of the investor from other EU or EFTA countries; or (iii) acquisitions where the investor holds at least 10% of the Spanish company's share capital or gains control according to criteria in Art. 7.2 of Law 15/2007 on Competition Defence.

In July 2023, Spain approved Royal Decree 571/2023. The Decree, which entered into effect on 1 September 2023, builds upon Law 19/2003 of July 2003. It further aligns Spain's foreign investment framework with EU Regulation 2019/452 and outlines scenarios where the general liberalised system for foreign investments may be suspended, requiring prior administrative approval if the investment is deemed to have an impact on public order, public security, public health, or national security.
Chapter IV outlines Spain's administrative authorisation regime for FDI subject to suspended liberalisation. This framework requires approval for investments qualifying as FDI in Spain, targeting specific sectors (such as telecommunications, artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, nanotechnologies, advanced materials, and advanced manufacturing systems) or conducted by certain entities. FDI is defined as investments by non-EU/EFTA residents or EU/EFTA-based entities with non-EU/EFTA ultimate beneficial owners, acquiring at least 10% stake or control in Spanish companies. The government can extend screening to other sectors potentially affecting security, public order, or health.

There are reports of concerns about the differences in the treatment of non-Spanish patent applications. According to Art. 152 of the Patent Act 24/2015, non-residents of the EU must act through an intellectual property agent before the Spanish Intellectual Property Office. In addition, residents of an EU State acting on their own behalf must designate an address in Spain for the purpose of notifications or, alternatively, indicate that notifications should be sent to them by email. It is reported that the process for granting and renewing patents may present some complexities and high costs in Spain.

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

There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Spanish Intellectual Property Act indicates that copyright exceptions must be limited to certain special cases and that they must not unreasonably prejudice the legitimate interests of the author. As a result, the Spanish Intellectual Property Act has defined the exceptions to Copyright in Spain. These include, inter alia: provisional reproductions and private copies, copies for security purposes and during administrative or judicial procedures, quotations and reviews and illustrations for educational or scientific research purposes, their use in databases by the legitimate user and limitations to the exploitation rights of the owner of a database, works without a known author, works on official acts and religious ceremonies and parody.

The European Union and Spain have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

South Sudan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

South Sudan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

It is reported that all products imported into South Sudan, including electrical and electronic goods, are subject to the Pre-Export Verification to Conformity (PVoC) program and must be accompanied by a Certificate of Conformity (CoC), which is a mandatory clearance document for each consignment. The program covers all products being imported into South Sudan with a value above USD 2,000 and applies to all countries. The objective of the program is to verify conformity to South Sudan standards or other approved standards and technical regulations.

Section 323.4 of the Companies Act stipulates that small companies shall be exclusively owned by South Sudanese nationals. According to Section 323.3, a company qualifies as a small-sized private company if its turnover for the preceding accounting period is below a threshold specified by the government, it employs no more than seven individuals, and its share capital does not exceed an amount prescribed by the government. Furthermore, Section 323.5 mandates that financially capable South Sudanese nationals must hold a minimum of 31% of the shares in medium and large private companies. Section 323.6 defines a medium or large private company as one with share capital not less than an amount prescribed by the government. These regulatory restrictions reportedly extend to sectors pertinent to digital trade, although it is not clear whether it applies to the e-commerce sector.

According to Art. 15 of the e-money Regulation, the e-money service provider must strictly apply KYC procedures based on a risk-based approach that determines the different risk categories in the application of customer identification; mobile money accounts have been categorised in the following three levels:
- Level 1: basic level accounts with simplified KYC, which are subject to lower transaction limits and limited documentation requirements for account opening. They have a maximum balance limit equal to USD 1.000, a daily transaction limit equal to USD 250, and a monthly transaction limit equal to USD 2.000;
- Tier 2: Partial KYC accounts that have higher limits and stricter account opening requirements. They have a maximum balance limit equivalent to USD 4.000, a daily transaction limit equivalent to USD 1.000, and a monthly transaction limit equivalent to USD 8.000.
- Level 3: accounts with complete KYC requirements. Accounts with full KYC have higher limits for corporate and government payments. They have a maximum balance limit equivalent to USD 10.000, a daily transaction limit equivalent to USD 2.000, and a monthly transaction limit equivalent to USD 20.000.

It is reported that the ability to exchange local currency for foreign currency is severely restricted due to South Sudan’s lack of correspondent banking relationships. Some international businesses have complained that the inability to repatriate proceeds has hurt their businesses.