Ghana has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Ghana has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Ghana has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

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.

Section 27 of the Data Protection Act provides that a data controller who intends to process personal data must register with the Data Protection Commission (DPC). The application must be made in writing and must contain (Section 47.1):
- the business name and address of the applicant;
- the name and address of the company's representative where the company is an external company;
- a description of the personal data to be processed and the category of persons whose personal data are to be collected;
- an indication as to whether the applicant holds or is likely to hold special personal data;
- a description of the purpose for which the personal data is being or is to be processed;
- a description of a recipient to whom the applicant intends to disclose the personal data;
- the name or description of the country to which the applicant may transfer the data;
- the class of persons or, where practicable, the names of persons whose personal data is held by the applicant;
- a general description of measures to be taken to secure the data; and
- any other information that the DPC may require.
If the data controller intends to keep personal data for two or more purposes, it has to make separate applications for each purpose. Art. 50 stipulates that a registration shall be renewed every two years.

It is reported that Ghanaian customs practices and port infrastructure continue to pose significant obstacles to trade. Despite the introduction of risk-management approaches by officials, the majority of imports still undergo inspection upon arrival. Reports suggest that between 60%-80% of imports are subject to either physical inspection or scanning, resulting in delays and increased costs for local companies. Additionally, importers report irregular enforcement of customs and other import regulations, prolonged clearance procedures, and instances of corruption. These delays contribute to unnecessary demurrage charges and product deterioration.

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. Previously, Section 71.2 of Act 673 of 2004, which was repealed by Act 930, also required banks to keep their accounting records at the bank's head office in Ghana.

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).

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.