Data-center law in Madagascar

National jurisdiction · as of 2026-09-05

Madagascar has no data-center-specific siting, permitting, or utility statute; a data-center project is governed by the general investment framework of Law No. 2023-002 on investments, which replaced Law No. 2007-036, and by the sector-specific Law No. 2007-037 on Free Zones and Enterprises for a project structured as an export-oriented free-zone enterprise.

Neither law names information technology or data infrastructure as a distinct priority sector, and no provision addresses electricity grid interconnection or water use specifically; the general law imposes only a broad environmental-responsibility duty on investors, and the free-zone law imposes only a broad duty to protect the environment and comply with applicable law and regulation.

Instruments on record

2 instruments on record, grouped by the family of approval each one governs.

Public agreements

What fiscal agreements attach a data center to its host jurisdiction?

Law No. 2007-037, Free Zones and Enterprises

In force

Loi n° 2007-037, art. 6, 7 et 9 (Zones et Entreprises Franches)

Effective 2008-01-14 · Applies to private

This law sets Madagascar's regime for Free Zones and Enterprises, under which an export-oriented enterprise benefits from customs and tax incentives, including duty and import-tax exemption on construction materials, equipment, and computing and office equipment used to prepare, develop, and operate the zone or enterprise (art. 7.2), and preferential fuel and lubricant pricing for a free-zone enterprise operating in an area not covered by the public electricity network (art. 7.2).

Article 9 requires every enterprise benefiting from the regime to respect public order, hygiene and sanitation rules, protect the environment, and generally comply with the laws and regulations in force on national territory, and ties an enterprise's environmental, hygiene, and sanitation obligations to article 7 of the investment law. Article 12.1 repeals Law No. 89-027 of 29 December 1989 on the Free Zone regime, as amended, and its 1992 implementing decree.

Article 12.4 ties this law's entry into force to its promulgation by the President and its publication by broadcast, posting, or another mode of publication, expressly independent of its insertion in the Journal Officiel.

Source: Full text of law

Law No. 2023-002 on investments in Madagascar

In force

Loi n° 2023-002 sur les investissements à Madagascar

Effective 2023-07-27 · Applies to both

This law replaces Law No. 2007-036 of 14 January 2008 as Madagascar's general investment code and applies to national, foreign, and joint-venture investment generally, without naming information technology or data-center infrastructure as a distinct sector. Article 20 requires that fiscal and customs incentives be granted transparently and non-discretionarily by a law, never by regulation or case by case, with objective eligibility criteria clearly stated in the laws that establish them.

Article 21 commits the State to maintaining a predictable, simple, and growth-friendly fiscal environment for investors, with any stability clause set by specific laws stating its duration clearly.

Article 24 requires every investor and company that is the object of an investment to respect the environment in accordance with applicable legislation, including contributing to environmental improvement for future generations through actions such as reforestation, recycling, and restoring exploited land, fighting climate change, and limiting environmental risk. The law entered into force on its promulgation and publication in the Journal Officiel.

Source: Full text of law

Every entry cites the instrument it describes. None of it is legal advice: verify a citation before relying on it. Full sourcing: read the methodology. The rest of the record: all jurisdictions.