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 Ghana Standards Authority (GSA), under the Standards Authority Act, 1973, is responsible for conducting conformity assessment activities. The Product Certification Department offers assessment and impartial third-party attestation to confirm that specified requirements have been met. These requirements are typically outlined in standards or other normative documents. Product certification is carried out by certification bodies, which must adhere to ISO IEC 17065.
When telecom equipment dealers import ICT devices into Ghana, they are required to declare the shipment details to the National Communications Authority (NCA) through the Customs system. The NCA then conducts a physical inspection at the ports of entry to ensure that the devices are Type Approved. To facilitate this process, the NCA has established NCA Approval Testing Labs, which include laboratories for Specific Absorption Rate (SAR), Electromagnetic Field (EMF) measurements, Digital Terrestrial Television (DTT), and Radio Frequency and Signalling (RF & Sig) testing.

The law prohibits the sale or provision of encryption or authentication services unless it is compliant with the country’s 2008 Electronic Transactions Act. The National Information Technology Agency is charged with certifying and issuing licenses for encryption and authentication services. Law enforcement officers are also entitled to require access to decryption information and “the reasonable technical and other assistance required for investigation or prosecution”.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is GHS 3,200 (approx. 200 USD).

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.

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.