In accordance with Art. 52 of the Public Procurement Code, participation in public contracts is reserved for Senegalese and community companies that are regularly licensed (or exempted from licensing) and are registered in the trade register. An exception to this rule is made when the contracts concerned cannot be performed by Senegalese or community companies when the financial scale of the contract or its technical complexity makes it impossible to guarantee transparent competition due to the low level of local competition. In these two cases, foreign companies may bid for public contracts in Senegal. This restriction is found in Art. 52 of all decrees on the Public Procurement Code since September 2010, with the exceptions being added and modified subsequently.

According to Art. 50 of Decree No. 2022-2295, for contracts awarded on the basis of an international call for tenders, preference is given to candidates governed by Senegalese law or West African Economic and Monetary Union (WAEMU) member countries and to candidates whose bids include only products of Senegalese origin or from WAEMU member countries, over candidates governed by non-Community law, provided that their bids are not more than 15% higher than those of the lowest bidder.

According to Art. 6 of Decree No. 2022-2295, contracting entities with an annual budget exceeding an amount defined by the order of the Minister of Finance are obliged to dedicate 5% of the total value of their annual contracts to social economy actors and national SMEs. Within this percentage, 2% is reserved for SMEs led by women.

According to Art. 48 of Decree No. 2022-2295, the holder of a public works or public service contract may subcontract up to 40% of the contract's value. Priority must be given to small and medium-sized enterprises (SMEs) governed by Senegalese law or to SMEs within the Community.

Pursuant to Art. 60 of Decree No. 2022-2295, contracting authorities may incorporate local content requirements among the award criteria in tender documents. These may include (i) employment and vocational training initiatives; (ii) efforts to integrate artisans, social economy structures, and local small and medium-sized enterprises (SMEs); and (iii) specific measures related to sustainable development, such as waste management. These criteria must be clearly outlined in the specifications and quantified either in monetary terms or as evaluation criteria.

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

Senegal's Investment Code places no restrictions on the maximum share of foreign capital in the digital sector. There is no provision prohibiting full ownership in any of the relevant sectors of the digital economy.

Investments in the telecommunications sector are screened through licensing requirements by the regulatory authority. Among the requirements laid down in the Electronic Communications Code for approval or licensing are, for example, national defence and public safety requirements.

According to the Bangui Agreement, ratified by 17 French-speaking States, including Senegal, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.

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

The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Senegal and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Arts. 38-46 of Law No. 2008-09 also provides for limitations on copyrights.

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

São Tomé e Príncipe has not adopted national legislation based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.