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GHANA

Since November 2011
Since February 2012

Pillar Intermediary liability  |  Indicator 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, 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.
Coverage Telecommunications network operators

GHANA

Since May 2012

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Data Protection Act, 2012
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.
Coverage Horizontal

GHANA

Reported in 2022, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency of import procedures
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.
Coverage Horizontal

GHANA

Since April 1997

Pillar Telecom infrastructure & competition  |  Indicator 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 & competition  |  Indicator Presence of an 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

Since September 2016

Pillar Cross-border data policies  |  Indicator Local storage requirement
Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930)
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.
Coverage Financial sector

GHANA

Since February 1997

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Ghana is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

GHANA

Since June 2005

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Ghana Copyright Act, 2005 (Act 690)
Ghana has a copyright regime under the Copyright Act of 2005. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 19-21 list the exceptions, which include personal and teaching purposes, reproduction of a single copy of a computer program as a backup, and permitted use of copyright material by a library, among others.
Coverage Horizontal

GHANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate protection of copyright online
It is reported that IP enforcement in the Ghana is weak, with unreasonable delays in infringement proceedings discouraging rights holders from pursuing claims in local courts.
Coverage Horizontal

GHANA

Since November 2006

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Ghana has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

GHANA

Since February 2013

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Ghana has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

GHANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Ghana does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to Section 5.1 of the Protection Against Unfair Competition Act of 2000, any act or practice in the course of industrial or commercial activities that results in the disclosure, acquisition or use by another person of secret information (Secret information is defined in Section 5.3) without the consent of the rightful owner of that information and in a manner contrary to honest commercial practices constitutes an act of unfair competition. In addition, pursuant to Section 5.4, any act or practice in the course of industrial or commercial activities is considered an act of unfair competition if it consists or results in unfair commercial use of the secret test or other data, the origin of which involves considerable effort and which has been submitted to a competent authority for the purposes of obtaining approval of the marketing of pharmaceutical or agricultural chemical products which utilise new chemical entities; or the disclosure of such data, except where it is necessary for the protection of the public; and steps are taken to ensure that the data are protected against unfair commercial use.
Coverage Horizontal

GHANA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Ghana to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

GHANA

Reported in 2016, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Reported restrictions on foreign equity in the telecommunications sector
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%.
Coverage Mobile telecommunications services

GHANA

Reported 2021, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator 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 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.
Coverage Telecommunications sector

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