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

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

The Data Protection Act 2012 compels data controllers to appoint a data protection officer, also defined as data protection supervisor. The supervisor is a professional whose role is to monitor the compliance by 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."

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

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

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).

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

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 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 utilize 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.

Ghana has a copyright regime under the Copyright Act, 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 single copy of a computer programme as a back-up, permitted use of copyright material by a library, among others.

Although Ghana has the Patent Act and Copyright Act, enforcement is still regarded as weak and insufficient to guarantee reasonable protection of copyrights.

All companies in which there is foreign participation are required to register with the Ghana Investment Promotion Centre (GIPC). However, the process appears to be transparent and requires only a few days.
On the other hand, Section 28 of the Ghana Investment Promotion Centre Act states that, for the sectors open to foreign investment, an entity requires a certain minimum investment capital. In particular:
- For businesses wholly owned by a non-Ghanaian, the minimum relevant investment amount of foreign equity capital of USD 500,000 in either cash or capital goods;
- For a joint enterprise with a partner who is a citizen, the minimum foreign capital investment should be USD 200,000 in cash or capital goods relevant to the investment or a combination of both by way of equity participation. In addition, the partner who is a citizen should not have less than 10% equity participation in the joint enterprise.

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.

Companies report that locally-funded contracts lack full transparency. Supplier or foreign government- subsidized 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.