The Intelligence Services Law provides that in the event of a threat to national interests and the absence of any other means, the intelligence services may use intrusive technical surveillance and location procedures to collect information useful for neutralising the threat (Art. 10). To this end, the entities holding the data are obliged to provide the necessary assistance to the intelligence services without delay.

Law No. 2008-8 of 25 January 2008 on Electronic Transactions establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 3.2 of the Law on Electronic Transactions, intermediaries may not be held civilly liable for activities or information stored at the request of a recipient of such services if they did not have actual knowledge of their unlawful nature or of facts or circumstances indicating such a nature, or if, as soon as they became aware of such knowledge, they acted promptly to remove such data or to prevent access to them.

Law No. 2008-8 of 25 January 2008 on Electronic Transactions establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 3.2 of the Law on Electronic Transactions, intermediaries may not be held civilly liable for activities or information stored at the request of a recipient of such services if they did not have actual knowledge of their unlawful nature or of facts or circumstances indicating such a nature, or if, as soon as they became aware of such knowledge, they acted promptly to remove such data or to prevent access to them.

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

Senegal 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 Senegal, since 2002.

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

It is reported that the Government holds a minority stake (27%) in Sonatel-Orange Senegal, the country's largest Internet and mobile communications provider.

It is reported that Senegal mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

Senegal has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Senegal has a telecommunications authority: The Telecommunications and Postal Regulatory Authority (ARTP). However, it is reported that this entity is not fully independent.

In 2021, state agencies in Senegal were reportedly mandated to transfer data in their possession to a government-established data centre located in Diamniadio. However, it was not until November 2023 that these agencies began actively transferring their data to the national storage facility.

According to Art. 49 of the Personal Data Act (Law No. 2008-12), data may only be transferred to a third country if that country ensures a sufficient level of protection for the privacy, freedoms, and fundamental rights of individuals, as assessed under Senegalese law. Additionally, under Arts. 50 and 51, local exporters may transfer data to a third country that does not guarantee an adequate level of protection, provided certain safeguards are in place, such as obtaining the consent of the data subject, or demonstrating the necessity of the transfer.

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

Law No. 2008-12 provides a comprehensive regime of data protection in Senegal. The Law provides an essential data protection framework, including requiring data processing notifications, setting out fundamental data subject rights, and regulating data transfers.

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