Database

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GHANA

Since November 1973, last amended in September 2021

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Standards Authority Act
The Ghana Standards Authority (GSA) is mandated under the Standards Authority Act, 1973 to undertake conformity assessment activities. The Product Certification Department provides assessment and impartial third-party attestation that fulfilment of specified requirement has been demonstrated. Specified requirements for products are generally contained in standards or other normative documents. Product certification is carried out by product certification bodies which should conform to ISO IEC 17065.
Coverage Horizontal

GHANA

Since November 2011
Since February 2012

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Subscriber Identity Module Registration Regulations 2011

National Identity Register Regulations, 2012
The Subscriber Identity Module Registration Regulations 2011 mandates telecom network operators to register subscribers. In addition, Regulation 7(1)(l) of the National Identity Register Regulations 2012 made the National ID card the mandatory identification document for the registration of SIM cards. Use of National ID is applicable to individuals who qualify for citizen and non-citizen National ID Cards, for non-citizens, a valid passport is required.
Coverage Telecommunications sector

GHANA

Since December 2008

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Electronic Transactions Act 2008 - Act 772
Sections 90-95 of the Electronic Transactions Act, provide a framework that does not make intermediaries and service providers liable for data transmission, routing, or storage of electronic records. Intermediaries are not liable for the information stored on their systems “at the request of recipients of their services” on condition that they do not “have actual knowledge that the information or an activity relating to the information is infringing the rights of a third party (a person or the state),” are not aware of the circumstances surrounding the infringement and takes steps to make the information inaccessible upon a take-down notification.
Coverage Internet intermediaries

GHANA

Since December 2020

Pillar Domestic Data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Cybersecurity Act, 2020 - Act 1038
The Cybersecurity Act in December 2020, greatly expanding the government’s legal authority to conduct surveillance, compels telecommunication service providers to hand over data, and control encryption providers. Section 76 empowers the Cybersecurity Authority to compel a service provider to install interception technology, in order to facilitate the government’s surveillance powers under the law. Section 71 authorizes security officers to collect and record communications metadata, either stored or in real time, on receipt of a warrant.
Coverage Telecommunication service providers

GHANA

Since December 2008

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Electronic Transactions Act 2008 - Act 772
Sections 90-95 of the Electronic Transactions Act, provide a framework that does not make intermediaries and service providers liable for data transmission, routing, or storage of electronic records. Intermediaries are not liable for the information stored on their systems “at the request of recipients of their services” on condition that they do not “have actual knowledge that the information or an activity relating to the information is infringing the rights of a third party (a person or the state),” are not aware of the circumstances surrounding the infringement and takes steps to make the information inaccessible upon a take-down notification.
Coverage Internet intermediaries

GHANA

Since March 2012

Pillar Domestic Data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act, 2012
The Data Protection Act 2012 compels data controllers to appoint a data protection officer, also defined as data protection supervisor. The supervisor is a professional whose role is to monitor the compliance by the data controller in accordance with the provisions of the Act, Section 58.
Coverage Horizontal

GHANA

Since January 2009

Pillar Domestic Data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Electronic Communications Act 2008 - Act 775
Under Section 100 of the Electronic Communications Act, the President is permitted to make written requests and issue orders to operators or providers of electronic communications networks or services requiring them to intercept communications, provide any user information or otherwise in aid of law enforcement or national security. The procedure lacks sufficient oversight as the exercise of such powers are exclusively at the President’s discretion.
In addition, under the Electronic Communications Act, the National Communication Authority can at anytime request data collected by data controllers and it is not clear whether a court order is required. Access is spelt out under Section 8 Paragraph 2: "The Authority may authorise a network operator or service provider to disclose lists of its subscribers, including directory access databases, for the publication of directories or for other purposes that the Authority may specify."
Coverage Operators or providers of electronic communications

GHANA

Since 2012

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Data Protection Act, 2012
The Data Protection Act is the legal framework that guides data management in Ghana under the auspices of the Data Protection Commission. Sections 60-74 of the Data Protection Act explain that personal data cannot be accessed without prior consent except for the purposes of the following; natural security, crime and taxation, health education and social work, regulatory activity, journalism, literature and art, research, history and statistics, disclosure required by law or made in connection with a legal proceeding, domestic purposes, confidential references given by data controller, armed forces, public service or ministerial appointment, examination marks, examination scripts, professional privilege.
Coverage Horizontal

GHANA

Since December 2020

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Cybersecurity Act, 2020 - Act 1038
Section 77 of the Cybersecurity Act 2020 mandates that service providers retain subscriber information for at least six years, and metadata and the content of communications for one year. Law enforcement officials can seek a court order to extend either period. In accordance with Section 97 (Interpretation), service provider includes: (a) a public or private entity that provides users the ability to communicate by means of a computer system, electronic communication devices, mobile networks; (b) an entity that processes or stores computer data on behalf of a communication service or a user of a communication service; and (c) an entity that provides services including data and content delivered or executed in full by a technical system involving (i) computer time; (ii) computer output; (iii) data processing; and (iv) the storage or retrieval of a programme or data through multiple platforms and devices such as web or a mobile device.
Coverage Communication services providers

GHANA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Ghana has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

GHANA

Since May 2012

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Data Protection Act, 2012
The Data Protection Act does not contain specific provisions on the transfer of personal data yet the principles relating to data processing are also applicable to the transfer of data. Section 20 requires that a person must not process personal data without the prior consent of the data subject unless the purpose for which the personal data is processed is necessary for the purpose of a contract to which the data subject is a party, authorised or required by law, to protect a legitimate interest of the data subject, necessary for the proper performance of a statutory duty, or necessary to pursue the legitimate interest of the data controller or a third party to whom the data is supplied. On the other hand, Section 27 provides that a data controller who intends to process personal data must register with the Data Protection Commission. An application for registration as a data controller has to be made in writing and must contain, among other things, the name or description of the country to which the applicant may transfer the data (Section 47).
Coverage Horizontal

GHANA

Since September 2016
Since October 2004, until September 2016

Pillar Cross-border data policies  |  Sub-pillar Local storage requirement
Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930)

Banking Act 2004 (Act 673)
Section 79(3) of Act 930 provides that the accounting records of the bank, specialised deposit-taking institution or financial holding company shall be kept at the head office in the country for a period of not less than ten years. Previously, Section 71(2) of Act 673, which was repealed by Act 930, also required a bank to keep its accounting records at the bank's head office in Ghana.
Coverage Financial sector

GHANA

Since April 1997

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Ghana has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GHANA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the National Communication Authority (NCA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

GHANA

Reported 2021

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In April 2021, the government acquired full ownership of AirtelTigo after Airtel and Millcom, AirtelTigo’s parent companies, announced an exit from the Ghanaian market. The government stated that it temporarily operates the assets of the communications company, which served 5.1 million subscribers at the time of the sale. In addition, the government maintains a 30% stake in Vodafone in Ghana, after Vodafone acquired the majority stake in the state-owned Ghana Telecom in July 2008.
Coverage Telecommunications sector