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

Companies report that locally-funded contracts lack full transparency. Supplier or foreign government- subsidised financing arrangements appear in some cases to be a crucial factor in the award of government procurements. It is also reported that allegations of corruption persist in the tender processes across ministries.

Ghana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

Section 27 of the Ghana Investment Promotion Centre Act lists the enterprises which are reserved for citizens. These include the printing of recharge scratch cards for the use of subscribers of telecommunication services.

Ghana is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

According to Section 45.1 of the Ghana Procurement Act, international competitive tendering is required effective competition cannot be achieved in national competitive tendering without the participation of foreign firms. In addition, according to the Fifth Schedule of the Act, international competitive bidding must be used for the procurement of goods with a contract value threshold above GHS 10 million (approx 625,000 USD) and for technical services with a contract value threshold above GHS 5 million (approx. 300,000 USD). There are no value thresholds for other types of tendering methods, such as restricted and sole-source tendering, or for technical and consultancy services; however, their use is subject to approval by the Public Procurement Authority.

The Public Procurement Act seeks to increase the competitiveness of domestic businesses by the application of a margin of preference. In accordance with Section 60.3, the Public Procurement Board is required to issue guidelines for implementing margins of preference for domestic contractors and suppliers of goods, works and services. The Guidelines that apply to current tenders open to international competitive bidding give a margin of price preference of 7.5% to 20% to domestic suppliers of goods and services.

According to Art. 59 of the Ghana Public Procurement Act, certain aspects such as technology transfer, countertrade arrangements, and inclusion of local content may be considered when awarding tenders.

Gambian laws do not permit self-certification for telecommunications, radio, and wireless equipment. Both foreign imports and domestic goods are required to obtain certification (the Gambian marking) after being tested by the Gambian Standards Bureau (TGSB). Due to the limitations of local testing laboratories, the TGSB accepts test certificates from foreign laboratories for accreditation. It is reported that local testing is generally required for the certification of electrical products, including audio and video products such as TVs, LCD panels, and similar equipment. These products can only be certified after undergoing conformity assessments by the TGSB. As a result, foreign businesses are not permitted to self-certify their products.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

The ".gm" ccTLD is managed by NIC. In addition, the Information and Communications Act 2009 grants the Public Utilities and Regulatory Authority (the ICT regulator) the authority to lay down rules regarding the electronic addressing of electronic communications services and related services, including allocation and use. It is reported that the organisation/entity applying for a ".gm" domain name must show strong ties to the country, and domain names must reflect registered business names, trademarks, or similar.

The Companies Act and the Single Window Business Registration Act 2013 require all companies to register with the Companies Registry. It is reported that, in practice, the Gambian Companies Registry requires that a foreign director who is not resident in the Gambia appoints an agent to represent him/her in The Gambia. In addition, Section 13 of the Gambia Single Window Business Registration Act 2013 requires all directors to register their personal details with the Business Registry.

The Information and Communication Act and the Gambia Consumer Protection Act provide a comprehensive consumer protection framework that applies to online transactions. The Consumer Protection Act 2014 contains provisions on distance-selling, which include Internet-based commerce, requirements to provide certain information prior to the conclusion of a contract (e.g. the price of the goods including taxes and delivery costs), right of cancellation and the ability for consumers to review orders and correct them, among others. In addition, the Information and Communications Act 2009 contains two sets of provisions granting protection rights with respect to contractual terms and dispute resolutions and consumers of information service societies.