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

The Data Protection Act provides a comprehensive regime of data protection in Ghana. It protects individuals' privacy and personal data by regulating the processing of personal information and defines the processes to obtain, hold, use or disclose personal information, as well as related matters. The Data Protection Act establishes, among other things, mandatory breach notifications, data processor obligations, registration prior to processing, and a broad range of data subject rights.

Section 77 of the Cybersecurity Act 2020 mandates that service providers retain subscriber information for at least six years, as well as 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), the service provider includes: (a) a public or private entity that provides users with the ability to communicate by means of a computer system, electronic communication devices, or 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.

The Data Protection Act 2012 compels data controllers to appoint a data protection officer, also defined as a data protection supervisor. The supervisor is a professional whose role is to monitor the compliance of the data controller in accordance with the provisions of the Act, Section 58.

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."

The Cybersecurity Act in December 2020 greatly expanded the government’s legal authority to conduct surveillance, compelled 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 authorises security officers to collect and record communications metadata, either stored or in real-time, on receipt of a warrant.

The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. 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.

The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. 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.

The Subscriber Identity Module Registration Regulations 2011 mandates telecom network operators to register subscribers. In addition, Section 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.

Ghana reportedly imposes restrictions on foreign participation in the acquisition of 800 MHz spectrum licences for mobile telecommunications services, requiring engagement through a joint venture or consortium with a minimum of 25% Ghanaian ownership. In contrast, between 2016 and 2018, the minimum requirement for indigenous Ghanaian ownership was reported to be 35%.

In April 2021, the government acquired full ownership of Airtel Tigo after Airtel and Millcom, Airtel Togo’s parent companies, announced an exit from the Ghanaian market. The government stated that it temporarily operates the communications company's assets, 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.

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

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

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.

Section 79.3 of the Banks and Specialised Deposit-Taking Institutions Act (Act 930) provides that the accounting records of banks, specialised deposit-taking institutions or financial holding companies shall be kept at the head office in the country for a period of not less than ten years.