São Tomé e Príncipe does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of accounting separation since 2007, according to Arts. 6.1 and 25 of Law No. 24/2007.

São Tomé e Príncipe has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. This is because São Tomé e Príncipe is not a member of the WTO, although it is an observer.

The General Regulatory Authority of the Democratic Republic of São Tomé e Príncipe (AGER) is the executive authority for the supervision and administration of services in the telecommunications sector. The authority is independent from the government in the decision-making process, as confirmed in Art. 5 of Decree-Law No. 14/2005, which states that AGER is a legal person governed by public law, with technical, administrative and financial autonomy and its own assets.

According to Art. 19 of Law No. 03/2016, cross-border transfer of personal data is only permitted to countries considered to provide adequate levels of protection, as determined by the National Data Protection Agency (ANPDP). However, according to Art. 20, the transfer to a legal system that does not ensure an adequate level of protection may be carried out by notifying the ANPDP or is permitted where the data subject has given their consent;
- the transfer is necessary for the performance of a contract between the data subject and the controller;
- the transfer is necessary for the performance of a contract entered into in the interest of the data subject between the controller and third party;
- the transfer is necessary or required by law for the protection of an important public interest or for the declaration, exercise or defence of a right in legal proceedings
- the transfer is necessary to protect the vital interests of a data subject; or
- the transfer is made from a register which, according to the laws or regulations, is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate legitimate interest provided conditions laid down in the law for consultation are fulfilled in each case.
In addition, the ANPDP may authorise a transfer or a set of transfers of personal data to a jurisdiction which does not ensure an adequate level of protection provided that the controller ensures adequate mechanisms to ensure the protection of privacy and the fundamental rights and freedoms of persons and of their performance, in particular by means of appropriate contractual clauses.

São Tomé e Príncipe has not joined any agreement with binding commitments to open transfers of data across borders.

Art. 14.1 of Law No. 2/93 requires that directors and managers of journalistic companies must be nationals or natural persons in full possession of their civil rights and resident in the country. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.

In accordance with Arts. 27, 28 and 29 of Decree-Law No. 19/2016, all inbound investment proposals must be screened and approved by the applicable ministry for the economic sector in coordination with the Trade and Investment Promotion Agency (APCI). Following Art. 14, an investment proposal can be rejected if it threatens national security, public health, or ecological equilibrium and if the proposal has a negative effect or insufficient contribution to the country’s economy. The government encourages but does not require the hiring of the local workforce.

Art. 28 of Law No. 4/2001 and Art. 3 of Decree-Law No. 23/2016 establish that legal and procedural actions related to industrial property can only be filed with the National Service of Intellectual Property and Quality of São Tomé e Príncipe (SENAPIQ-STP) and that natural or legal persons who are not established or domiciled in São Tomé e Príncipe must appoint an industrial property agent with residence in São Tomé e Príncipe to represent them. This is also applicable to the filing of patent applications.

São Tomé e Príncipe is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II). In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.

According to Art. 43 of Law No. 8/2009, domestic preference margins may be applied in international public tenders, allowing up to 7.5% for works and up to 10% for goods and services produced in São Tomé e Príncipe.

São Tomé e Príncipe is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, São Tomé e Príncipe is not a member of the WTO, although it is an observer.

Art. 13 of Law No. 2/93 states that journalistic companies with a profit motive, based in the country and subject only to São Toméan law, may have foreign capital participation up to 25% and without voting rights. This includes online newspapers. In fact, Art. 10 defines journalistic companies as those whose main purpose is the collection, processing and dissemination of news, comments and images intended for publication in the periodical press.

Pursuant to Schedule 3 of the Customs (Management and Control) Act, the importation of radio and television transmitting equipment, including walkie-talkies, is prohibited unless authorised under a licence issued by the Minister of Communications.