National Information Technology Authority (Amendment) Bill
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Watch an AI-generated discussion breaking down this bill in plain language, exploring its key provisions and potential impacts on Ghana's digital innovation sector.
Executive Summary
The National Information Technology Authority (Amendment) Bill establishes a comprehensive regulatory framework for Ghana's ICT sector by creating the National Information Technology Authority (NITA) as an independent statutory body with extensive powers over licensing, certification, standards-setting, and enforcement. The bill replaces the previous National Information Technology Agency and introduces mandatory licensing for all ICT businesses and certification for ICT professionals working in both public and private sectors.
Regulatory Structure and Requirements: The bill requires mandatory licensing for anyone conducting ICT-related business, including infrastructure installation and service development (34). All ICT professionals must obtain certification from the Authority (44), and public institutions must secure technical clearance before starting major ICT projects (49). The Authority establishes a National Digital Architecture to standardize how government ICT systems operate and interconnect (50) and maintains an ICT Project Registry requiring public institutions to register all technology projects before commencement (51). These requirements create a formalized regulatory environment that enhances sector professionalism and coordination but significantly increases compliance obligations and operational costs for ICT businesses.
Innovation and Business Environment: The bill includes progressive provisions designed to balance regulation with innovation. It establishes a regulatory sandbox allowing innovators to test new ICT products and services under supervision with temporary regulatory relief (56) and adopts a risk-based and principles-oriented regulatory approach that prioritizes consumer protection while encouraging flexibility (57). The Authority must create regulations that are technology-neutral and regularly update rules to accommodate emerging technologies like artificial intelligence and blockchain (58). A Multi-Stakeholder Advisory Forum provides policy input from industry, civil society, and academia (60), and regulations must be reviewed every five years with public consultation (61). However, the mandatory licensing regime, certification requirements, and technical clearance processes create substantial barriers to entry and may slow innovation despite these flexibility mechanisms. The bill also mandates digital inclusion initiatives targeting people with disabilities, women, rural populations, and marginalized groups (59).
Enforcement Powers and Penalties: The Authority possesses extensive enforcement powers that raise proportionality concerns. Inspectors can enter and investigate premises, inspect records, and seize ICT products or equipment suspected of illegal use (65). The Authority can close businesses or facilities that pose risks to public health, safety, or the environment, or fail to meet service standardsâtypically with 15 days' notice but immediately in cases of danger (46). Criminal penalties include fines between 2,000 and 5,000 penalty units and imprisonment between 6 months and 2 years for offenses such as operating without a license, providing false information, or obstructing inspectors (84, 86, 66). The Authority can impose administrative penalties between 20,000 and 50,000 penalty units for non-compliance, with power to suspend or revoke licenses if fines remain unpaid (90). While these enforcement mechanisms aim to ensure compliance and protect consumers, the combination of criminal sanctions including imprisonment for regulatory violations, broad seizure powers, and substantial administrative penalties creates a heavy-handed enforcement regime that may disproportionately impact smaller businesses and stifle entrepreneurship.
Governance and Accountability: The bill establishes governance mechanisms including a Board of Directors appointed by the President with at least three women members (8), operational independence from external direction except as specified in the Act (16), and a Dispute Resolution Committee and National Information Technology Tribunal for appeals (72, 76). The Authority must maintain transparency through annual reports, public engagement, and a public Register of Interests for Board members (29, 97, 94). Funding sources include Parliamentary allocations, customs duties on ICT equipment, service fees, communications service tax portions, and regulatory fees (23). The bill creates an e-government ICT infrastructure company to manage government technology systems and reduce reliance on external contractors (31). These provisions establish institutional checks and balances, though the concentration of regulatory, enforcement, and adjudicatory powers within a single Authority raises questions about separation of functions and potential for regulatory overreach.
Impact Analysis
Digital Innovation
The National Information Technology Authority (Amendment) Bill creates a fundamentally restrictive environment for digital innovation in Ghana, despite including some progressive regulatory mechanisms. The bill's core framework establishes mandatory licensing for all ICT businesses (34) and mandatory certification for all ICT professionals...
Freedom of Speech
The National Information Technology Authority (Amendment) Bill poses significant indirect risks to freedom of speech through its enforcement mechanisms, though it does not directly regulate content or expression. The primary concern stems from the broad enforcement powers granted to the Authority under 67, which enable officials to require...
Privacy & Data Rights
The National Information Technology Authority (Amendment) Bill creates a comprehensive data collection infrastructure with concerning implications for privacy rights. The Authority must establish and maintain a Register of ICT products and service providers (45) containing names, particulars, license categories, applications, equipment...
Business Environment
This bill fundamentally transforms Ghana's ICT business environment by establishing a comprehensive mandatory regulatory framework that creates substantial barriers to entry and ongoing operational burdens. Every ICT business must obtain a license to operate (34), all ICT professionals must secure certification (44), and...
Critical Issues with This Bill
These concerns pose significant risks to Ghana's digital innovation ecosystem
Imprisonment for License Transfers Criminalizes Business
This provision imposes 5-10 years imprisonment for transferring an ICT license without Authority approvalâtreating a routine business transaction as a serious criminal offense. Comparable democracies (UK, Australia, Canada) impose administrative penalties or modest fines for license transfer violations, not lengthy imprisonment. The provision provides no defined approval criteria or timeline, creating uncertainty for legitimate business activities like mergers, acquisitions, succession planning, or corporate restructuring. Unlike 41 which provides 15 days' notice and opportunity to remedy for suspension, this provision offers no procedural protections before imposing criminal penalties and mandatory license revocation, violating due process standards.
Criminal Penalties Stifle Digital Innovation
This provision imposes criminal imprisonment of up to 7 years for regulatory violations like hosting data without accreditation and up to 5 years for negligent cybersecurity breachesâpenalties that far exceed international norms where such violations typically incur administrative fines. The immediate suspension of ICT operations for obstruction (97.7) bypasses the procedural fairness requirements in 93, allowing businesses to be shut down without notice or hearing. Combined with catastrophic financial penalties (10% of turnover or 10,000 penalty units, whichever is higher) and permanent license revocation for undefined "repeated violations," this creates a chilling effect on digital innovation by making regulatory experimentation and rapid iterationâessential to tech startupsâlegally perilous.
Disproportionate Penalties Threaten Business Survival
This provision imposes catastrophic penalties that could destroy businesses for regulatory violations. Immediate suspension of operations (97.7) without notice or hearing can shut down businesses instantly, destroying customer relationships and business value before any appeal. Financial penalties include up to 10% of annual turnover for gross negligence (97.9)âpotentially bankrupting smaller enterprisesâplus monthly fines that escalate indefinitely for audit delays (97.5). Permanent license revocation (97.8) for undefined "repeated violations" creates permanent market exclusion, while up to 7 years imprisonment for hosting data without accreditation (97.4) creates personal criminal liability for business decisions. These penalties far exceed international norms (GDPR uses administrative fines, not imprisonment) and create existential risks that will deter investment and entrepreneurship in Ghana's ICT sector.
Revenue-Driven Enforcement Chills Innovation
The Authority's funding depends on regulatory fees (1% of gross revenue) from all ICT businesses and administrative penalties it imposes, creating a direct financial incentive to maximize licensing requirements, compliance burdens, and enforcement actions. This revenue-dependent structure disproportionately burdens startups and innovators with thin margins while encouraging aggressive regulation that contradicts the bill's stated commitment to innovation support through the regulatory sandbox and risk-based approach. The enforcer profits from enforcementâa fundamental conflict of interest that will systematically discourage market entry and entrepreneurship.
Regulator Profits from Enforcement Actions
The Authority's funding includes administrative penalties it imposes (23(d)) and 1% of all ICT businesses' gross revenue (23(h)), creating a direct financial incentive to maximize enforcement and expand regulation. This violates separation of powers principlesâthe enforcer profits from enforcementâand will systematically burden smaller businesses unable to absorb compliance costs. The provision lacks safeguards requiring penalty revenue be directed to the Treasury or subject to independent oversight, creating perverse incentives for revenue-driven rather than proportionate enforcement.
Regulator Controls Government Competitor
This provision creates a government-owned ICT infrastructure company that will compete with private businesses in data centers, cloud hosting, and digital identity platforms (32). Critically, NITA has board representation in this company while simultaneously serving as the licensing authority for all private ICT businesses (34). This structural conflict means private innovators must obtain licenses from a regulator that has a direct stake in their government-owned competitor's success, creating an uneven playing field that discourages private investment and innovation in ICT infrastructure.
Regulator Governs Market Competitor
This provision requires NITA to have board representation in a government-owned ICT infrastructure company that will compete with private businesses in data centers, cloud hosting, and digital identity services (32). This creates a fundamental conflict of interest: the same Authority that licenses and regulates private ICT businesses under 34 will govern their government-owned competitor. Private companies face asymmetric treatment where the regulator has a vested interest in favoring its own infrastructure entity, undermining fair competition and deterring private investment in ICT infrastructure.
Regulator Operates Competing ICT Company
The provision establishes a government-controlled e-government infrastructure company tasked with reducing "dependence on external contractors" while the Authority simultaneously regulates and licenses all ICT businesses under 34. This creates a fundamental conflict of interest: the Authority both operates an ICT company AND licenses its private sector competitors, with power to impose criminal penalties (6 months to 2 years imprisonment) on unlicensed operators. The Authority also conducts "technical audits and performance reviews" of its own company, eliminating independent oversight. This structure creates perverse incentives against approving competing licenses, systematically advantages the government company through regulatory power, and establishes barriers to entry that will stifle private sector digital innovation.
Government Company Funded to Displace Contractors
The provision directs the government-controlled ICT company to "reduce dependence on external contractors for critical ICT systems" (33(1)(c)) while being regulated, licensed, and audited by the same Authority that licenses all private sector competitors. This creates a structural conflict of interest where the Authority has financial incentives to favor its own company through licensing decisions, technical clearance requirements, and regulatory enforcement. Private ICT businesses must compete for government contracts against a publicly-funded entity while seeking licenses from the regulator that operates that competing entityâfundamentally distorting market competition and deterring private sector investment in Ghana's ICT sector.
Criminal Penalties Chill Innovation Experimentation
This provision requires mandatory licensing before any ICT business activity and imposes criminal imprisonment (6 months to 2 years) plus fines for operating without a license. This creates a severe barrier for digital innovators, particularly startups and student entrepreneurs who typically experiment and iterate rapidly. Unlike OECD democracies where software developers and digital service providers operate without general business licenses, this provision criminalizes innovation experimentation unless licensing is obtained first. The discretionary "mode of operations" language creates legal uncertainty about compliance requirements, and the criminal penalties are grossly disproportionate to the low public risk posed by digital innovation activities. This contradicts the bill's regulatory sandbox (56) by requiring licensing before the sandbox can provide regulatory relief.
Mandatory Licensing Blocks Market Entry
This provision requires all ICT businesses to obtain licenses before operatingâcovering everything from software development to infrastructure installationâand imposes criminal imprisonment (6 months to 2 years) for operating without a license. This creates disproportionate barriers to market entry that exceed norms in OECD democracies, where general ICT activities are typically unregulated. The Authority's discretionary power to "determine the mode of operations" creates operational uncertaintyâbusinesses cannot know compliance requirements in advance, violating legal certainty principles essential for business planning and investment.
Catch-All Licensing Stifles Innovation
The provision establishes seven mandatory license categories for ICT businesses, including a catch-all "any other categories" provision (36.1(g)) that the Authority can expand unilaterally through regulations (36.3). This creates regulatory uncertainty about what activities require licensing, as innovators cannot predict whether new products or services will trigger licensing requirements. Combined with 34's criminal penalties (imprisonment for unlicensed operation), this framework creates severe risk for innovators testing new technologies. The citizenship-only requirement (36.4) further restricts innovation by excluding foreign entrepreneurs and investors entirely from Ghana's ICT sector.
Citizenship Requirement Blocks Foreign Investment
Section 36.4 restricts all ICT business licenses to Ghanaian citizens or wholly citizen-owned entities, categorically excluding foreign investors, joint ventures with foreign partners, and international ICT companies from Ghana's digital economy. This protectionist barrier contradicts ECOWAS free movement principles and potentially violates WTO commitments, isolating Ghana's ICT sector from global capital, expertise, and technology transfer. Combined with the catch-all licensing category (36.1(g)) and the Authority's unilateral power to create new license categories through regulations (36.3), this creates both a citizenship wall and regulatory uncertainty about what activities require citizen-only licensingâdeterring both domestic and foreign investment in Ghana's digital sector.
Vague Licensing Refusal Criteria
The Authority can refuse ICT business licenses based on undefined grounds including "public interest," "public safety," or "public security"âhighly discretionary terms that could be applied arbitrarily to reject innovative business models or new market entrants. Combined with the bill's requirement that all ICT businesses must obtain licenses (34), this creates significant uncertainty for startups and innovators who cannot predict whether their business will be approved. The provision also allows refusal for "failure to comply with a directive of the Authority"âa circular ground that could be used to reject applications without clear standards, effectively giving the Authority gatekeeping power over digital innovation in Ghana.
Discretionary Licensing Blocks Market Entry
The Authority can refuse ICT business licenses based on undefined criteria like "public interest" or "public safety"âterms that lack objective standards and enable arbitrary decisions blocking market entry. The provision allows refusal for "failure to comply with a directive," creating circular reasoning where applicants may not know what directives apply before licensing. Combined with 41's extensive renewal grounds, this creates ongoing operational uncertainty throughout the business lifecycle, disproportionately burdening smaller businesses and startups with compliance costs and unpredictable licensing outcomes.
Investigation Alone Blocks License Renewal
The Authority can refuse to renew licenses based on ten grounds, including merely "an offence...being investigated" without conviction or charges (ground h). This violates the presumption of innocence and creates extreme business uncertainty for innovators. Combined with vague grounds like "poses a risk to public...security" and "fails to comply with a directive" (grounds f, j), the provision grants broad discretionary power without objective criteria. The lack of specified notice, hearing, or proportionality requirements before refusal, coupled with 40's severe criminal penalties for unauthorized transfer, traps businesses in an unpredictable licensing regime where they cannot easily restructure or exitâfundamentally undermining the flexibility essential for digital innovation and startup growth.
Vague Renewal Standards Threaten Businesses
The Authority can refuse license renewal on broadly worded grounds including "poses a risk to public health, public safety or public security," "deteriorated below the required standards," or failure to comply with undefined "directives"âwithout specifying objective criteria, notice requirements, or opportunity to respond. Ground (i) allows the Authority to enforce its own penalties through license revocation by linking renewal to "financial obligations" to the Authority or other public institutions, concentrating enforcement power without independent review. Combined with 40's severe criminal penalties for unauthorized transfer, businesses face existential uncertainty and cannot easily exit or restructure when facing discretionary refusal.
Criminal Penalties Block Business Transactions
This provision imposes 5-10 years imprisonment for transferring an ICT license without Authority approval - treating a regulatory matter as a serious crime. In functioning democracies, license transfers are handled administratively with modest fines, not criminal imprisonment. This creates a severe chilling effect on innovation ecosystems by criminalizing normal business transactions essential for startup growth: acquisitions, mergers, succession planning, and corporate restructuring. The provision provides no procedural safeguards (unlike 41 which requires notice and opportunity to remedy) and lacks defined approval criteria, creating uncertainty that will deter investment and entrepreneurship in Ghana's ICT sector.
Mandatory Certification Blocks Tech Talent
This provision requires all ICT professionals in both public and private sectors to obtain government certification before employment, with the Authority unilaterally determining criteria and procedures. Unlike OECD countries that certify only high-risk roles, this captures everyone from junior developers to support staff, creating a significant barrier to entry for Ghana's digital innovation ecosystem. The lack of defined criteria, appeal mechanisms, or timeframes creates regulatory uncertainty that chills career transitions into tech and disadvantages startups needing to hire quickly. By extending mandatory government certification to private sector employmentâunusual in democratic jurisdictionsâthis provision gives the Authority gatekeeping power over the entire ICT workforce without procedural safeguards.
Government Controls Private Sector Hiring
Section 46 requires mandatory government certification for all ICT professional employment in both public and private institutions, with the Authority unilaterally determining criteria and procedures. This extends government control into private hiring decisions in a manner atypical of democratic jurisdictions, where professional certification is usually managed by independent bodies. The provision creates significant barriers to business operations: hiring delays, compliance costs, and legal uncertainty about who qualifies as an "ICT professional." Critically, it lacks procedural safeguards - no appeals process, no defined timeframes, no transparency requirements for certification criteria - leaving businesses vulnerable to arbitrary decisions that could block critical hires.
Undefined Data Collection Without Privacy Safeguards
The provision grants the Authority discretion to record "any other information that the Authority may determine" in the ICT register without specifying limits, violating data minimization principles fundamental to privacy protection. The register contains no data protection safeguards regarding retention periods, access controls, data subject rights, or permissible uses of collected information. When combined with 46's enforcement powers, this creates a surveillance infrastructure enabling the Authority to collect extensive personal and business data and use it for enforcement action without adequate privacy protections or transparency about who can access the register.
Arbitrary Closure Powers Threaten Startups
The Authority can immediately seize equipment and close ICT businesses without prior hearing when operations are deemed "injurious to the public interest"âa vague standard lacking objective criteria. Even for standard closures, businesses receive only 15 days' notice before shutdown based on undefined "required standards" that won't exist until performance standards are published under 47. For startups and innovators operating with limited resources, immediate seizure of equipment destroys intellectual property and eliminates the business entirely. The provision permits closure for mere regulatory non-compliance without requiring demonstration of actual harm, creating existential risk that deters innovation investment and market entry in Ghana's ICT sector.
Vague Closure Standards Undermine Business Certainty
The Authority can close ICT businesses based on undefined "required standards" (48.1(b)) that won't be established until 47 publishes performance standards, creating a compliance vacuum where businesses operate without knowing what triggers closure. The provision permits closure for mere license non-compliance without requiring actual harm, and allows immediate seizure and closure when operations are "injurious to the public interest"âa vague standard granting unfettered discretion. With only 15 days' notice before standard closures and no independent review before emergency action, businesses face existential risk from discretionary enforcement that will deter investment and distort competition.
Certification Barrier Blocks Startup Market Access
Section 58(3) mandates that public institutions procure ICT services only from Authority-certified providers, creating a fundamental market access barrier for startups and emerging innovators. While 55 promises support for "start-ups" and "indigenous ICT innovation," this provision effectively locks them out of government procurementâoften the most accessible market for local tech companies. The tiered certification system (reflecting "security, interoperability, reliability, and user accessibility") may be prohibitively expensive for small firms, and the provision contains no exemptions for regulatory sandbox participants or innovation pilots, directly contradicting the bill's stated innovation objectives.
Mandatory Certification Gatekeeps Government Contracts
This provision restricts all public sector ICT procurement exclusively to Authority-certified providers, creating a mandatory gatekeeper system that divides the market into businesses that can serve government (certified) and those that cannot (non-certified). Combined with mandatory licensing (34) and professional certification (44), businesses face three separate compliance hurdles just to access government contractsâthe largest institutional buyer in Ghana's ICT sector. The provision contains no exemptions for innovation pilots, emerging technologies, or startups, even those supported under the Authority's own capacity-building programs (55), and grants the Authority unilateral discretion to prescribe certification tiers without visible criteria or appeal mechanisms, creating uncertainty and potential for arbitrary application that disproportionately impacts SMEs and new entrants.
Warrantless Seizure Powers Threaten Innovation
Inspectors can enter ICT business premises and seize equipment based only on "reason to believe" unlicensed activity existsâwithout prior judicial authorization. While tribunal validation is required within 7 days, seizure occurs first, potentially disrupting product development and operations. Combined with 66's criminal penalties for obstruction (up to 2 years imprisonment), this creates a chilling effect on innovation: startups and innovative businesses face operational uncertainty and compliance costs that deter experimentation and rapid iteration. This exceeds typical OECD practice requiring judicial warrants for such intrusive inspections.
Warrantless Data Access Without Judicial Oversight
Inspectors can enter premises, vehicles, and aircraft to examine "records or documents related to ICT transactions" without requiring a warrant or judicial authorization beforehand. This permits access to potentially sensitive customer data, communications records, and personal information held by ICT service providers based only on "reason to believe" unlicensed activity exists. While 69(4) requires tribunal validation within 7 days after seizure, the data examination occurs before any judicial oversight. This approach departs from GDPR and ECHR standards requiring judicial authorization before accessing private records, creating significant privacy risks for data subjects whose information is held by ICT businesses.
Broad Inspection Powers Burden Businesses
Inspectors can enter business premises and seize equipment based on mere "reason to believe" unlicensed activity existsâwithout judicial pre-authorization or warrant. Combined with 66's criminal penalties for obstruction (up to 2 years imprisonment), this creates unpredictable operational disruptions and compliance costs. Businesses can lose critical ICT equipment before any independent tribunal review occurs, with particularly severe impact on startups and smaller businesses lacking resources to manage inspection risk and equipment seizure.
Criminal Penalties Deter Innovation Challenges
This provision imposes criminal imprisonment of 6 months to 2 years for "obstructing" an inspector, without defining what constitutes obstruction. For digital innovators and startups, this creates severe risk: questioning an inspector's authority over novel technologies, requesting clarification of ambiguous requirements, or refusing requests that exceed inspector powers could theoretically constitute "obstruction" leading to criminal prosecution. This disproportionate criminalization of regulatory disputesâfar exceeding international norms where such matters warrant administrative penaltiesâwill deter entrepreneurs from asserting legitimate rights and chill innovation in Ghana's ICT sector, particularly harming resource-constrained startups who cannot afford legal defense against ambiguous criminal charges.
Imprisonment Risk for Inspector Obstruction
This provision makes obstructing an inspector a criminal offense punishable by 6 months to 2 years imprisonment and fines of 2,000-5,000 penalty units. The term "obstructs" is undefined, creating uncertainty about what conduct triggers criminal liability - potentially including questioning inspector authority, requesting proper authorization, or refusing requests that exceed legal powers. Combined with the broad inspector powers in 65 to enter premises and seize equipment, this creates a chilling effect on legitimate business operations where companies may comply with unlawful requests rather than risk criminal prosecution. International practice treats regulatory obstruction as an administrative matter with fines, not imprisonment - this provision's criminal sanctions are disproportionate and create significant operational risk, particularly for startups and SMEs lacking legal resources to confidently navigate inspector interactions.
Broad Police Powers Chill Innovation
The Authority can exercise police investigative powers under the Criminal and Other Offences (Procedure) Act without explicit limitations (section 71(3)), creating regulatory uncertainty about what enforcement actions ICT businesses might face. Combined with the power to immediately restrain businesses from operating (71(1)(d)) and assess damages against providers (71(1)(e))âquasi-judicial functions typically reserved for courtsâthis creates a high-stakes compliance environment that will deter experimentation and innovation. Startups and smaller innovators, who cannot afford extensive legal compliance infrastructure, face particularly acute risks from this unpredictable enforcement regime that can halt operations through license suspension or restraint orders without explicit procedural safeguards.
Police Powers Over Speech Platforms
The Authority can exercise police investigative powers over ICT service providers, including platforms and services that facilitate expression, without explicit content-neutrality safeguards. Section 71(3) delegates powers under the Criminal and Other Offences (Procedure) Act to Authority officers, enabling police-like investigations of content platforms, news websites, and communications services. Combined with restraint orders that can shut down providers for license breaches (section 71(1)(d)) and 72's license revocation powers, this creates enforcement pathways that could target speech-facilitating services without the heightened procedural protections typically required for content-related enforcement. The provision lacks explicit prohibitions on content-based investigations or requirements that enforcement actions affecting expression be content-neutral and subject to strict necessity testing.
Investigations Lack Data Protection Safeguards
The Authority's enforcement powers include police-like investigative capabilities and custody of seized ICT equipment, but the provision contains no explicit data protection safeguards for personal information accessed during investigations. When investigating ICT service providers who hold vast amounts of user data, the Authority can exercise police powers under Act 30 (section 71(3)) and seize equipment containing personal data (section 71(2)), yet the Act establishes no requirements for data minimization, user notification, retention limits, or independent oversight of data handling. This creates significant privacy risks where regulatory investigations could expose sensitive personal information, communications records, and user data without the procedural protections typically required for law enforcement access to such information.
Regulator Assesses Damages Without Court
The Authority can assess and award damages against ICT businesses in favor of third parties without judicial processâa quasi-judicial function that creates unpredictable financial liability. Combined with police-like investigative powers delegated under Act 30 and business restraint orders for license breaches, this establishes a cascading enforcement regime where regulatory violations trigger investigations, damage awards, and operational shutdowns without clear procedural safeguards or proportionality requirements. The lack of explicit notice, hearing, or appeal rights before damages are assessed undermines business certainty and investment confidence.
Undefined Enforcement Powers Chill Innovation
The Authority can take "any other action necessary to ensure compliance" beyond explicitly listed enforcement measures, creating regulatory uncertainty that directly chills innovation. This undefined catch-all clause means startups and innovators cannot predict what enforcement actions they may face for novel technologies or business models. The provision lacks procedural safeguardsâno explicit requirements for notice, hearing, or proportionality assessment before severe actions like license suspension/revocation that could destroy early-stage ventures. Combined with 67's broad investigative powers and 69's random audit mandate, this creates a pervasive enforcement regime where entrepreneurs face unpredictable regulatory actions without clear compliance boundaries, deterring innovation and investment in Ghana's ICT sector.
Undefined Enforcement Powers Threaten Business Viability
The Authority can "take any other action necessary to ensure compliance" beyond the listed enforcement tools, creating unpredictable regulatory risk for businesses. More critically, the provision allows license suspension or revocation without requiring notice, hearing, or proportionality assessment before actionâpenalties that can immediately destroy a business. Combined with the investigative powers in 67, the Authority investigates, determines violations, and imposes severe penalties without independent oversight at the enforcement stage, leaving businesses to appeal only after potentially fatal damage has occurred.
Criminal Penalties for License Non-Compliance
This provision criminalizes failure to comply with license terms, imposing fines of 2,000-5,000 penalty units and/or imprisonment of 6 months to 2 years for administrative violations. In the context of mandatory licensing for all ICT businesses (34), this transforms routine regulatory non-compliance into criminal offenses. Startups and innovators face imprisonment risk for technical violations like missing reporting deadlines or using technology in unanticipated ways, creating a severe chilling effect on market entry and experimentation. The bill already provides administrative penalties (90) and license revocation for non-complianceâadding criminal sanctions including imprisonment is disproportionate and undermines the bill's innovation provisions like the regulatory sandbox (56).
Vague Criminal Standards for Businesses
The provision criminalizes "fail or neglect to comply with the terms and conditions of a licence" without defining which violations are criminal versus administrative or what constitutes criminal "neglect." Given the mandatory licensing regime applies to all ICT businesses, this creates unquantifiable legal riskâbusinesses cannot determine which compliance failures might result in criminal prosecution and imprisonment (6 months to 2 years) versus administrative penalties. The vagueness gives the Authority broad discretion to pursue criminal charges for routine regulatory violations, deterring market entry and investment as businesses cannot conduct meaningful risk assessments or implement adequate compliance programs.
Criminal Penalties for Licensing Violations
This provision criminalizes regulatory non-compliance by imposing imprisonment of 6 months to 2 years for operating ICT services without a valid license, falsely representing certification status, or submitting false information. The provision treats inadvertent licensing violations the same as deliberate fraud, creating severe barriers to market entry for startups and small businesses. Unlike OECD democracies where licensing violations typically result in administrative penalties, this provision makes regulatory non-compliance a criminal offense punishable by imprisonment, creating a chilling effect on innovation and entrepreneurship in Ghana's ICT sector.
Imprisonment for Licensing Non-Compliance
This provision criminalizes operating ICT services without a license with imprisonment of 6 months to 2 years, treating regulatory non-compliance the same as deliberate fraud. In OECD democracies, licensing violations typically result in administrative penalties (fines, license suspension) rather than criminal imprisonment, which is reserved for serious fraud or safety violations. The provision lacks intent requirements, meaning even inadvertent violations (license renewal delays, administrative errors) could trigger criminal liability. This creates substantial barriers to market entry, increases compliance costs, and makes Ghana's ICT sector less competitive internationally compared to jurisdictions with proportionate administrative penalties.
Criminal Penalties Deter Innovation
This provision criminalizes obstruction of compliance inspections with imprisonment of 12-24 months for refusing information, delaying access, or altering documentation. Combined with 89's reverse burden extending liability to directors and officers, this creates existential legal risk for startups and innovators who may inadvertently obstruct inspections due to informal documentation practices or technical complexity. The vague definitions of "lawfully requested information" and "relevant documentation" create legal uncertainty that discourages experimentation with cutting-edge technologies, while the threat of criminal prosecution for administrative non-compliance is disproportionate compared to innovation-friendly jurisdictions that treat obstruction as an administrative matter.
Imprisonment for Inspection Delays
This provision criminalizes obstruction of compliance inspections with imprisonment of 12-24 months for refusing information, delaying access to systems, or concealing documentation. Combined with 89, which extends personal criminal liability to corporate officers with a reverse burden of proof, this creates severe operational risk. The vague standards ("lawfully requested," "relevant documentation") and disproportionate penalties exceed OECD norms, where administrative obstruction typically results in fines, not imprisonment. This creates substantial barriers to business operations and discourages entrepreneurship, particularly for smaller firms.
Automatic Criminal Liability Deters Innovation
This provision makes every director, manager, officer, and shareholder automatically criminally liable for any corporate ICT offense unless they prove due diligenceâreversing the burden of proof. For digital startups, this means founders and investors face criminal prosecution and imprisonment for regulatory violations they may not have caused or known about. Combined with 86's penalties (up to 2 years imprisonment) and 90's business prohibition powers, this creates a severe chilling effect on entrepreneurship and investment. Investors cannot reasonably accept criminal liability for portfolio companies' compliance, while founders must divert resources from innovation to extensive compliance documentation. This directly undermines the bill's innovation goals, including the regulatory sandbox.
Vague Penalties Threaten Innovation
The Authority can impose administrative penalties of 20,000-50,000 penalty units for "failing to comply with a directive"âbut the bill never defines what constitutes a "directive" or what standards govern their issuance. For digital innovators and startups, this creates legal uncertainty about compliance obligations and existential financial risk from penalties that could force business closure. Worse, the Authority can suspend licenses or prohibit business operations merely for failure to pay penalties, without requiring criminal conviction or judicial oversight. This enforcement regime chills experimentation and disproportionately impacts early-stage companies that lack capital reserves to absorb penalties or survive license suspension.
Business Shutdown Without Fair Hearing
The Authority can impose administrative penalties of 20,000-50,000 penalty units for failing to comply with any "directive"âa term left undefined in the bill. If businesses cannot pay these substantial fines, the Authority may immediately suspend licenses or prohibit ICT business operations without requiring a hearing or independent judicial review before taking this coercive action. This creates existential risk for small and medium enterprises, where a single penalty could force business closure, while the vague compliance triggers make it impossible for businesses to predict what conduct will trigger enforcement.
Criminal Penalties for Data Breaches
This provision imposes up to 7 years imprisonment for hosting critical data without accreditation and up to 5 years imprisonment for negligently causing cybersecurity breachesâtreating data protection failures as serious crimes rather than regulatory violations. International standards like GDPR impose administrative fines, not criminal imprisonment, for negligent data protection failures. The provision also creates legal uncertainty by criminalizing "gross negligence" without defining the term, leaving data controllers uncertain about what conduct triggers criminal liability. The immediate suspension mechanism (97.7) allows ICT operations to be shut down without notice or hearing, potentially forcing abrupt cessation of data processing that could itself cause data protection failures.
Key Provisions
Establishment of the National Information Technology Authority
Plain Language Summary
This provision creates the National Information Technology Authority as a legal entity. The Authority has the power to own property, make contracts, and manage its affairs. The Authority can acquire land needed for its operations, with the Authority responsible for covering the costs.
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- (1) There is established by this Act, the National Information Technology Authority as a body corporate.
(2) The Authority may, for the performance of its functions acquire and hold property, dispose of property and enter into a contract or any other related transaction.
(3) Where there is a hindrance to the acquisition of land, the land may be acquired for the Authority under the Land Act, 2020 (Act 1036) and the cost shall be borne by the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Object of the Authority
Plain Language Summary
The Authority aims to guide the growth of technology and digital services in Ghana to support the country's progress. It will focus on making sure that the country has quality technology, efficient services, and well-trained ICT professionals working for the government. This will be achieved through regulation, coordination, and promotion of the ICT sector.
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The object of the Authority is to regulate, coordinate, promote, and develop information and communications technology and digital services in Ghana in line with national development goals and to
(a) ensure the provision of quality information and communications technology,
(b) promote standards of efficiency and ensure high quality of service in the Information and Communications Technology ecosystem, and
(c) coordinate the management and development of information and communications technology personnel or practitioners in the public services
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Functions of the Authority
Plain Language Summary
This section details the Authority's broad responsibilities in Ghana's ICT sector. It is responsible for licensing, regulating, and setting standards for ICT infrastructure, services, and professionals. The Authority also coordinates ICT policy, promotes fair competition, resolves disputes, and protects consumer interests, ensuring responsible and secure technology use across the country.
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(1) To achieve the object under section 2, the Authority shall
- license and regulate ICT infrastructure, products and service providers; - develop and enforce standards to ensure consistency and accountability across the people, technology, and processes involved in ICT systems, services, and architectures - provide technical clearance for ICT procurement, investments and projects undertaken by public institutions; - maintain a national repository of ICT assets, investments and public digital infrastructure; - act as the exclusive government body empowered to coordinate the development, capacity building, and certification of ICT professional serving public institutions to ensure a skilled and well-managed ICT workforce in the public service; - advise the Minister on ICT development and regulation in Ghana and lead the review of the national ICT policy; - regulate the use of emerging technologies; - maintain a register of ICT personnel in the public service; - regulate ICT associations and related professional bodies; - coordinate the development and enforcement of safeguards to ensure the responsible and secure use of technology in the country; - coordinate the implementation of anti-trust policies to safeguard fair competition and prevent monopolies within the ICT ecosystem in Ghana; - perform the functions of the certifying Agency established under the Electronic Transactions Act, 2025 (Act âŠ); - coordinate the systematic implementation and monitoring of the national information and communications technology policy; - coordinate the implementation and enforcement of the provisions of this Act, the Electronic Transactions Act, 2025 (Act âŠ);and regulations made under this Act; - resolve matters that involve domain names between the Domain Name Registrar under the Electronic Transactions Act 2025 ( ActâŠ.) in accordance with the provisions of this Act; - maintain registers for approvals given for equipment under the Electronic Transactions Act 2025 ( ActâŠ.); - provide access to registers for licences, applications for licences and approvals for equipment except where commercial confidentiality does not allow for access; - collect fees and other charges to be paid to the Authority under this Act; - investigate and resolve disputes between licence holders under the Electronic Transactions Act 2025 ( ActâŠ.) referred to the Authority by licence holders; - investigate complaints by users who fail to obtain redress from a licence holder; - carry out investigations on the conduct of persons at the Authority's own initiative or at the request of another person to determine whether any person is engaging in acts contrary to the provisions of this Act; - establish quality of service indicators and reporting requirements that apply to licence holders under the Electronic Transactions Act 2025 ( ActâŠ.); - aa. issue and publish on its website and in the Gazette necessary guidelines and standards; - bb. obtain from persons the necessary information for the performance of its functions; - carry out investigations and determine complaints that involve anticompetitive, price-fixing and unfair trade practices by persons under the Electronic Transactions Act 2025 ( ActâŠ.); - formulate the strategy of the Authority; - ee. ensure that the policy directions given by the Minister are implemented; - ff. ensure high standards of propriety within the Authority; - jj. perform any other function necessary to achieve its object.
In discharging its functions, the Authority shall take into account the following:
- (a) the principle that regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; - (b) any other principle that represents best regulatory practice; - (c) the protection of the interests of consumers under the Electronic Transactions Act 2025 ( ActâŠ.) as regards the choice, price, quality of service and value for money; - (d) the needs of persons who are physically challenged, the elderly and those on low incomes; - (e) the opinions of consumers and of members of the public generally; and - (f) the different interests of persons living in rural and urban areas.
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Powers of the Authority
Plain Language Summary
The Authority has the power to contract for necessary goods and services. It can also invest its funds with the Finance Minister's approval. Additionally, the Authority can publish information, fund training for people in the ICT industry, and conduct or promote research and development related to its functions.
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The Authority may exercise the following powers
- (a) enter into a contract for the supply of goods and services; - (b) invest the funds of the Authority that are not immediately required for - the performance of its functions and ensure the judicious use of the funds, with the prior written approval of the Minister responsible for Finance; - (c) publish information that is relevant to its functions and activities in a manner that it considers appropriate; - (d) promote and where necessary fund the training of persons for the information and communications technology industry; - (e) undertake research and development work related to its functions; and - (f) promote research and the development by other persons of the ICT industry.
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Regulatory and best practice of the Authority
Plain Language Summary
This provision directs the Authority to operate with transparency, accountability, and consistency, while also following best practices in ICT regulation. It emphasizes protecting the rights and interests of digital service users, including data protection and value for money. The Authority must also consider the environmental impact of ICT infrastructure and promote competition and innovation, especially for Ghanaian tech companies. Finally, the Authority needs to consider both urban and rural communities and adhere to international ICT standards.
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The Authority shall in the performance of its functions have regard to
- (a) the principles of transparency, accountability, proportionality, innovationenablement, and consistency in ICT regulation; - (b) best regulatory practices relevant to information and communications technology and digital governance; - (c) the protection of the rights and interests of users of public digital services, with particular attention to user choice, data protection, quality of service, and value for money; - (d) the environmental impact of ICT infrastructure, digital devices, and e-waste management in the deployment of public ICT systems; - (e) the promotion of inclusive competition and local innovation, including incentives for Ghanaian technology firms and start-ups in the ICT ecosystem; - (h) the interests of both urban and rural communities in the planning and deployment of ICT infrastructure; - (i) any applicable international ICT standards and best practices, including those developed by the International Organization for Standardization (ISO), International Telecommunication Union (ITU), World Wide Web Consortium (W3C), and relevant multilateral conventions ratified by Ghana.
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Governing body of the Authority
Plain Language Summary
This provision establishes the Board of Directors for the Authority, specifying its members. The board includes representatives from government ministries, ICT professionals, and experts in fields like digital innovation, law, and economics. The President appoints the board members, and the board must include at least three women.
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( 1 ) The governing body of the Authority is a Board of Directors consisting of
- (a) a chairperson nominated by the President; - (b) one representative of the Ministry responsible for Communication, Digital Technology, and Innovations, not below the rank of Director; - (c) one representative of the Ministry of Finance, not below the rank of Director; - (d) the Director-General of the Authority; - (e) one representative from a recognised ICT professional body, nominated by the executive body of that professional association; - (f) two persons with expertise in digital innovation, ICT, governance, or law, nominated by the President; - (g) one person with expertise in digital innovation, ICT, governance, or IT law nominated by the Minister responsible for Gender or Social Protection; - (h) one lawyer with expertise in digital economy or ICT law. - (i) one representative of the National Security Council; and - (j) three other persons with knowledge or expertise in electronic engineering, law, economics, business or public administration and at least one of whom is a woman.At least three (3) members of the Board of Directors shall be women.
The President shall, in accordance with article 70 of the Constitution, appoint the chairperson and other members of the Board of Directors.
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Functions of the Board of Directors
Plain Language Summary
The Board of Directors is responsible for guiding the Authority's strategic direction. They must also make sure the Authority achieves its goals and operates efficiently. This ensures the Authority is well-managed and meets its intended purpose.
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The Board of Directors shall
- (a) exercise general oversight responsibility for the strategic direction of the Authority; - (b) ensure the achievement of the object of the Authority; and - (c) ensure the effective and efficient performance of the functions of the Authority.
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Duties and liabilities of a member of the Board of Directors
Plain Language Summary
This provision defines the responsibilities and potential liabilities of Board members. Board members must act in the best interest of the Authority, similar to company directors, and avoid conflicts of interest or misusing information. They are generally prohibited from daily management and can be held liable for damages resulting from their actions.
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8 (1) A member of the Board of Directors has the same fiduciary relationship with the Authority and the same duty to act with loyalty and in good faith as a director of a company incorporated under the Companies Act, 2019 (Act 992).
Without limiting subsection (1), a member of the Board of Directors has a duty (a) to act honestly and in the best interest of the Authority in the performance of the functions of the Authority;
- (c) not to disclose information acquired in the capacity of the member as a member of the Board of Directors to any person or make use of that information, except in the performance of functions; - (d) not to abuse the position of the office; and - (e) not to pursue personal interests at the expense of the Authority.
(3) A member of the Board of Directors, other than the Director General, shall not participate in the day-to-day running of the Authority.
(4) Where a court determines that the Authority has suffered a loss or damage as a result of the act or omission of a member of the Board of Directors, the court may, in addition to imposing a fine, order the member to pay appropriate compensation to the Authority.
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Tenure of office of members of the Board of Directors
Plain Language Summary
Members of the Board of Directors serve four-year terms and can be reappointed for one additional term. A member may resign or be removed under certain conditions, such as missing three consecutive meetings. If a vacancy occurs, the President will appoint a replacement to serve the remainder of the term.
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9 (1) A member of the Board of Directors shall hold office for a period of four years and is eligible for reappointment for another term only.
Subsection (1) does not apply to the Director General.
A member of the Board of Directors may, at any time, resign from office in writing, addressed to the President through the Minister.
A member of the Board of Directors, other than the Director General, who is absent from three consecutive meetings of the Board of Directors without sufficient cause ceases to be a member of the Board of Directors.
The President may, by letter addressed to a member, revoke the appointment of that member.
Where a member of the Board of Directors is, for a sufficient reason unable to act as a member, the Minister shall determine whether the inability of the member to act would result in the declaration of a vacancy.
Where there is a vacancy
- (a) under subsection (3), (4), (5), or subsection (2) of section 11, - (b) as a result of a declaration under subsection (6), - (c) under subsection (3) of section 12; or - (d) by reason of the death of a member,10 (1) The Board of Directors shall meet at least once every three months for the conduct of business at a time and place determined by the chairperson.
(2) The chairperson shall, at the request in writing of not less than one-third of the membership of the Board of Directors, convene an extraordinary meeting of the Board of Directors at a time and place determined by the chairperson.
(3) The quorum for a meeting of the Board of Directors is seven members.
(4) The chairperson shall preside at meetings of the Board of Directors and in the absence of the chairperson, a member of the Board of Directors elected by the members present from among their number shall preside.
(5) Matters before the Board of Directors shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.
(6) The Board of Directors may co-opt a person to attend a meeting of the Board of Directors but that person shall not vote on a matter for decision at the meeting.
(7) The proceedings of the Board of Directors shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member
(8) Subject to this section, the Board of Directors may determine the procedure for the meeting of the Board of Directors.
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Disclosure of interest
Plain Language Summary
This section requires board members to disclose any personal interest they have in a matter being discussed by the board. If a board member has a conflict of interest, they cannot participate in the board's discussion or vote on the matter. Failure to disclose a conflict or participating despite having one will result in removal from the board and recovery of any benefits gained.
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11.(1) A member of the Board of Directors who has an interest in a matter for consideration by the Board
- (a) shall disclose in writing the nature of that interest and the disclosure shall form part of the record of the consideration of the matter; and
- (b) is disqualified from being present at or participating in the deliberations of the Board of Directors in respect of that matter.
(2) A member ceases to be a member of the Board of Directors if that member has an interest in a matter before the Board of Directors and
(a) fails to disclose that interest; or
(b) is present at or participates in the deliberations of the Board of Directors in respect of that matter.
(3) Without limiting any further cause of action that may be instituted against the member, the Board of Directors shall recover any benefit derived by a member who
contravenes subsection (1), in addition to the revocation of the appointment of the member.
- (1) Each member of the Board shall, prior to taking office, submit to the Authority a written declaration of that member's registrable interest whether directly or indirectly owned by the member.
(2) A member of the Board shall inform the Authority of any change in respect of that member's registrable interest from the date of the change.
(3) A member who without reasonable excuse fails to declare a registrable interest, or knowingly makes a false declaration, contravenes subsections (1) and (2), ceases to be a member of the Board and the appointment of the member to the Board shall be revoked by the President
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Establishment of committees
Plain Language Summary
This section allows the Board of Directors to create committees, which can include both members of the board and outside advisors. Committees with non-board members must be chaired by a board member. The board is required to establish a Technical Committee, Audit Committee, and Risk Committee, and will define what these committees do and who serves on them.
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- (1) The Board of Directors may establish committees or advisory bodies consisting of members of the Board of Directors, non-members, or both, to perform a function of the Board of Directors.
(2) A committee composed of members and non-members of the Board of Directors shall be chaired by a member of the Board of Directors.
(3) A committee composed exclusively of non-members may only advise the Board
- Without limiting subsection (1), the Board of Directors shall establish the following committees:
- (a) Technical Committee;
- (b) Audit Committee; and
- (c) Risk Committee.
(5) The Board of Directors shall determine the composition and functions of the committees established under subsection (3).
- Section 11 applies to a member of a committee of the Board of Directors
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Allowance
Plain Language Summary
This provision states that members of the Board of Directors and its committees will receive allowances and benefits. The specific allowances and benefits must be approved by the Minister, who will consult with the Minister responsible for Finance. This ensures that board members are compensated for their service in a manner deemed appropriate by the government.
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14.A member of the Board of Directors and members of a committee of the Board of Directors shall be paid allowances and benefits approved by the Minister in consultation with the Minister responsible for Finance.
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Policy directives
Plain Language Summary
This section allows the Minister to provide written policy guidance to the Authority's Board of Directors, ensuring alignment with the Authority's goals. The Board is required to follow these directives. However, the Minister cannot dictate specific technical or operational details to the Authority.
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15.(1) The Minister may give written directives to the Board of Directors on matters of policy in line with the object and functions of the Authority, and the Board of Directors shall comply in a manner consistent with the effective performance of the functions of the Authority.
(2) Subsection (1) shall not be construed to confer on the Minister the power to instruct the Authority on specific technical or operational mattera in relation to the object and functions of the Authority.
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Independence of the Authority
Plain Language Summary
This provision ensures the Authority's independence. It states that the Authority is not subject to direction or control from other entities when it carries out its duties and regulatory functions. This independence is meant to allow the Authority to operate without external influence, except where the Act specifies otherwise.
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16.Except as otherwise provided in this Act, the Authority shall not be subject to the direction or control of any person or authority in the exercise of its mandate and regulatory functions.
Administrative Provisions
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Appointment of Director General and Deputy Director General
Plain Language Summary
This section describes how the Director-General and Deputy Director-General are appointed to the Authority. The President appoints these positions, and their specific job conditions are detailed in their appointment letters. The Director-General can serve a term of up to four years and may be reappointed.
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17.(1) The President shall, in accordance with article 195 of the Constitution, appoint a Director-General and one Deputy Director-General for the Authority.
(2) The Director-General and the Deputy Director-General shall hold office on the terms and conditions specified in the letters of appointment
(3) The Director-General shall hold office for a period of not more than four years and is eligible for re-appointment.
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Functions of the Director-General and Deputy Director-General
Plain Language Summary
The Director-General manages the Authority's daily operations and carries out the Board's decisions. They can delegate tasks but are still responsible. The Deputy Director-General fills in for the Director-General when needed and takes on other responsibilities assigned by the Board.
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18.(1) The Director General
(a) is responsible for the day-to-day administration of the affairs of the Authority and is answerable to the Board in the performance of the functions under this Act; and
(b) shall ensure the implementation of the decisions of the Board of Directors.
(2) The Director General may delegate a function to an officer of the Authority but shall not be relieved of the ultimate responsibility for the performance of the delegated function.
The Deputy Director-General shall act in the absence of the Director-General.
The Deputy Director-General shall be assigned other responsibilities as the Board may determine.
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Secretary
Plain Language Summary
The President will appoint a Secretary of the Board of Directors based on the Board's recommendation. The Secretary must be at least a Deputy Director and will be responsible for tasks like taking minutes, managing records, creating meeting agendas, and advising the Board. The Secretary attends all Board meetings but does not have voting rights.
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19.(1) The President shall, on the recommendation of the Board of Directors, and in accordance with article 195 of the Constitution appoint an employee, not below the rank of a Deputy Director of the Authority, as Secretary of the Board of Directors.
(2) The Secretary shall hold office on the terms and conditions specified in the letter of appointment.
(3) The Secretary shall be responsible for -
- (a) recording and keeping minutes of meetings of the Board;
- (b) maintaining records and correspondence of the Board;
- (e) formulating agenda for meetings with the chairperson and the Director-General;
- (f) advising the Board on
- (i) content,
- (ii) organisation of memoranda, or
- (iii) presentations for Board meetings.
(4) The Secretary shall attend all meetings of the Board but shall not have a right to vote on any matter before the Board.
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Appointment of other staff
Plain Language Summary
This section describes how the Authority will acquire its staff. The President will appoint staff according to the Constitution. Public officers can be transferred to or assist the Authority, and the Authority can hire advisors and consultants if the Board of Directors approves.
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20.(1) The President shall, in accordance with article 195 of the Constitution, appoint other staff of the Authority that are necessary for the effective and efficient performance of the functions of the Authority.
(2) Other public officers may be transferred or seconded to the Authority or may otherwise give assistance to the Authority.
(3) The Authority may, for the effective and efficient performance of the functions of the Authority, engage the services of advisors and consultants on the recommendations of the Board of Directors.
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Offices, divisions, directorates, departments and units of the Authority
Plain Language Summary
This provision allows the Authority to organize itself internally by creating offices, divisions, departments, and other units. The Board of Directors has the power to decide what internal structures are needed. This organizational flexibility is intended to help the Authority operate efficiently and achieve its goals.
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21.The Authority may establish offices, divisions, directorates, departments and units of the Authority as determined by the Board of Directors for the effective and efficient performance of the functions of the Authority.
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Internal Audit Unit
Plain Language Summary
This section mandates the creation of an Internal Audit Unit within the Authority to ensure financial oversight. The unit, led by an appointed Internal Auditor, will conduct regular audits. The auditor will then report their findings and recommendations to the Board of Directors and other key figures quarterly. This process aims to improve the Authority's operations through regular internal checks.
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22.(1) The Authority shall have an Internal Audit Unit in accordance with section 83 of the Public Financial Management Act, 2016 (Act 921).
(2) The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).
(3) The Internal Auditor is responsible for the internal audit of the Authority.
(4) The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), at intervals of three months
(a) prepare and submit to the Board of Directors a report on the internal audit carried out during the period of three months immediately preceding the preparation of the report; and
(b) make recommendations in each report with respect to matters necessary for the conduct of the affairs of the Authority.
(5) The Internal Auditor shall, in accordance with subsection (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this section to the Director General and the chairperson of the Board of Directors.
Financial Provisions
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Funds of the Authority
Related Key Concerns
Plain Language Summary
The Authority receives funding from several sources. These include money approved by Parliament, a percentage of customs duties on imported ICT equipment, service fees and charges, and penalties collected. Additional funds come from a portion of the communications service tax, the Ghana Infrastructure Investment Fund, fees from the government.gov portal, regulatory fees on ICT businesses, loans, grants, donations, fees under the Electronic Transactions Act, and investment income.
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- The funds of the Authority include -
(a) moneys approved by Parliament;
(b) a percentage of customs duties paid on imported ICT equipment, as approved by Parliament;
(c) fees and charges that accrue to the Authority in the performance of its functions under this Act;
(d) administrative penalties imposed and collected under this Act;
(e) a portion of the communications service tax, as approved by Parliament;
(f) a portion of the funds of the Ghana Infrastructure Investment Fund, as approved by Parliament;
(g) a portion of fees generated from the use of the government.gov portal, as approved by Parliament;
(h) one percent (1%) of regulatory fees on gross revenue of all ICT businesses;
(i) loans, grants, and donations;
(j) fees and charges payable under this Act or the Electronic Transactions Act, 2025(Act âŠ); and
(k) income derived from the investment of the funds of the Authority.
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Bank account of the Authority
Plain Language Summary
This provision mandates that the Authority must have a bank account for its funds. The account needs approval from the Controller and Accountant-General. This ensures proper management and oversight of the Authority's finances.
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- Moneys for the Authority shall be paid into a bank account opened for the purpose with the approval of the Controller and Accountant-General.
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Expenses of the Authority
Plain Language Summary
The Authority's operating costs are paid from its own funds. If the Authority has surplus funds after covering its expenses, these funds are typically transferred to the Consolidated Fund. However, the Minister for Finance, after consulting with the relevant Minister, can permit the Authority to retain some or all of the surplus.
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25.(1) The expenses of the Authority shall be charged on the funds of the Authority.
(2) Where after having defrayed the outstanding expenses, the Authority has an excess amount, the Authority shall transfer that amount to the Consolidated Fund unless the Minister for Finance in consultation with the Minister approves the retention by the Authority of a part or the whole of that excess amount.
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Exemption from tax
Plain Language Summary
This provision exempts the Authority from paying certain taxes. The specific taxes that are exempt will be determined in writing by the Minister responsible for Finance. This exemption is subject to constitutional limitations, the Exemptions Act, and requires prior approval from Parliament.
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26.Subject to article 174 of the Constitution and the Exemptions Act, 2022 (Act 1083), the Authority is exempt from the payment of taxes that the Minister responsible for Finance may, in writing, determine with the prior approval of Parliament.
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Borrowing powers
Plain Language Summary
This section allows the Authority to borrow money from organizations or individuals, provided they get written permission from the Minister. To secure these loans, the Authority can use its assets as collateral, but again, they need the Minister's approval. This ensures oversight and control over the Authority's borrowing activities.
Show Original Legal Text
27.(1) Subject to article 181 of the Constitution and section 76 of the Public Financial Management Act, 2016 (Act 921), and with the prior consent in writing of the Minister, the Authority may borrow money from a body corporate or any other person.
(2) For the purposes of securing the money borrowed, the Authority may, with the prior consent in writing of the Minister mortgage, charge or pledge a right, title or an interest in any of the properties of the Authority.
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Accounts and audit
Plain Language Summary
This section requires the Authority to maintain financial records according to the Auditor-General's standards. It mandates an annual audit of the Authority's accounts by the Auditor-General, with a report submitted to the Minister and Board of Directors. The Authority's financial year must match the government's.
Show Original Legal Text
- (1) The Authority shall keep books, records, returns of account and other documents relevant to the accounts in the form approved by the Auditor-General.
(2) The Board of Directors shall submit the accounts of the Authority to the AuditorGeneral for audit within six months at the end of the financial year.
(3) The Auditor-General shall, within six months after the end of the immediately preceding financial year, audit the accounts of the Authority and forward a copy of the report to the Minister and the Board of Directors.
(4) The financial year of the Authority shall be the same as the financial year of the Government.
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Annual report and other reports
Plain Language Summary
The Board of Directors must submit an annual report to the Minister within 30 days of receiving the audit report, detailing the Authority's activities, audit findings, target assessments, stakeholder feedback, and recommendations. This report must follow a specific format. The Minister then has 30 days to submit the report to Parliament, along with any necessary statements. The Board must also provide any other reports requested by the Minister.
Show Original Legal Text
- (1) The Board of Directors shall, within thirty days after the receipt of the audit report, submit an annual report to the Minister, covering the activities and operations of the Authority for the year to which the report relates.
(2) The annual report shall include -
- (a) the report of the Auditor-General;
- (b) an assessment of the targets of the Authority; and
- (c) a summary of challenges and feedback from stakeholders and recommendations to improve the efficiency and effectiveness of the Authority.
(3) The annual report shall be prepared in accordance with the format and content set out in the Schedule to this Act.
(4) The Minister shall, within thirty days after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary. (5) The Board of Directors shall submit to the Minister any other report that the Minister or the Minister responsible for Communication, Digital Technology, and Innovations may require in writing
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Budget Estimates
Plain Language Summary
This provision mandates that the Board must present its yearly budget to Parliament for approval. The budget details the Authority's operational plans for the next financial year. This budget submission must be made within the first three months of the financial year, routed through the relevant Minister.
Show Original Legal Text
- The Board shall submit a budget for the operations of the Authority for the following year to Parliament for approval through the Minister within three months after the commencement of the financial year.
e-government ICT infrastructure operator
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Establishment of the e-government ICT infrastructure company
Related Key Concerns
Plain Language Summary
This provision requires the creation of a government-run company to manage the country's e-government technology infrastructure. This company will be licensed by the Authority and overseen by a diverse board. The board will include representatives from the Ministry, the Authority, the private sector, civil society, and academia.
Show Original Legal Text
- (1) The Minister shall ensure the incorporation of a company to be licensed by the Authority as the Government e-government ICT infrastructure operator within six months of the coming into force of this Act.
(2) The company shall be governed by an independent board consisting of representatives from:
- (a) the Ministry,
- (b) the Authority,
- (c) the private sector, and
- (d) civil society and academia with expertise in digital infrastructure.
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Object of the Company
Plain Language Summary
The company's main goal is to set up, keep running, and oversee the technology and systems needed for e-government services for the public sector. This includes managing government data centers and providing cloud hosting for public institutions. It also involves creating platforms for digital IDs, shared government systems, and specialized software for e-government use.
Show Original Legal Text
32 (1) The object of the Company is to deploy, maintain, and manage e-government infrastructure and platforms for the public sector, including -
- (a) government data centers;
- (b) cloud hosting environments for public institutions;
- (c) platforms for national digital identity services;
- (d) shared government systems and digital services; and
- (e) enterprise software solutions deployed solely for e-government purposes.
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Use of Funds
Related Key Concerns
Plain Language Summary
This provision directs the Company to use its funds to improve government technology infrastructure. This includes building secure digital systems, investing in cloud computing and cybersecurity, and decreasing reliance on outside contractors for essential IT functions. The Company will also provide IT services to public institutions according to agreed-upon service standards.
Show Original Legal Text
33 (1) The Company shall apply its funds to
(a) develop and maintain secure and interoperable digital infrastructure for government use,
(b) invest in cloud computing, cybersecurity systems, and business continuity solutions,
(c) reduce dependence on external contractors for critical ICT systems, and
(d)provide services to public institutions under agreed service level agreements (SLAs).
34The Company shall:
(a) submit quarterly financial and operational performance reports to the Authority;
(b) undergo annual audits by the Auditor-General or an auditor approved by the Authority, and
(c) be subject to technical audits and performance reviews conducted by the Authority.
Licensing Provisions
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Requirement for licence
Related Key Concerns
Plain Language Summary
This provision requires anyone conducting ICT-related business, including infrastructure installation and service development, to obtain a license from the Authority. The Authority will set the operational guidelines for these licensed activities. Operating without a license can result in fines and/or imprisonment.
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- (1) A person shall not engage in a business or a related activity in the ICT sector unless that person has been granted a licence by the Authority.
(2) For the purpose of subsection (1), a business or a related activity in the information and communications technology sector includes
- (a) the installation of ICT infrastructure;
- (b) the development or provision of ICT products and services; and
- (c) all activities requiring licensing or certification under this Act.
(3) The Authority shall determine the mode of operations for the activities permitted under this section.
(4) A person who engages in a business or other related activity under this Act or Regulations made under this Act without a licence commits an offence and is liable on summary conviction to a fine of not less than two thousand penalty units and not more than five thousand penalty units or to a term of imprisonment of not less than six months and not more than two years, or to both.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Categories of licences
Related Key Concerns
Plain Language Summary
This section specifies the different types of licenses the Authority can grant to businesses in the ICT sector, including licenses for infrastructure, cloud services, and data centers. The Authority is responsible for publishing the terms of each license. It can also change or remove license categories through regulations.
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(1) The Authority may issue the following categories of licences to a person engaged in a business or related activity in ICT sector
- (a) Public/commercial ICT Infrastructure Licence; - (b) Cloud Hosting Service Licence; - (c) Software as a Service (SaaS) Provider Licence; - (d) Government Digital Services Partnership Licence; - (e) National Digital Platform Operator Licence; - (f) Data Centre Operator Licence; - (g) Any other categories of licences as determined by the Authority.
(2) The Authority shall publish the terms and conditions of each licence category in the Gazette.
- The Authority may, by regulations, expand, modify or repeal any category of licence as may be necessary.
- (1) A person qualifies to apply for a licence under this Act if that person is
- (a) a citizen of eighteen years or above; or
(b) a company, a partnership, an association or other body, whether incorporated or unincorporated, which is wholly owned by a citizen.
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Application for licence
Plain Language Summary
To get a license, eligible individuals must apply to the Authority using the correct form and follow all instructions. A fee must be paid along with the application. This process ensures that licenses are obtained in a consistent and regulated manner.
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38.(1) A person who qualifies under section 37 shall
- (a) apply for a licence to the Authority in the prescribed form; and
- (b) comply with the prescribed requirements.
- An application under subsection (1) shall be accompanied with the prescribed fee.
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Consideration of an application for licence
Plain Language Summary
This provision mandates that the Authority must review a license application within ten days of receiving it. This sets a time limit for the Authority's initial consideration of the application. The purpose is likely to ensure timely processing of license applications.
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- The Authority shall, within ten days of receipt of an application, consider the application.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Grant of licence
Related Key Concerns
Plain Language Summary
This section describes how the Authority grants licenses. If an applicant qualifies, the Authority will issue a license within 60 days. The Authority can refuse a license if it is against public interest or if the applicant doesn't comply with Authority rules, and they must provide a reason for the refusal.
Show Original Legal Text
40.(1) Where the Authority is satisfied that an applicant has met the requirements for the grant of a licence, the Authority shall
- (a) approve the application and issue the applicant with a licence in the prescribed form; and - (b) within sixty days, communicate the decision in writing to the applicant.Despite subsection (1), the Authority may refuse an application for a licence where
- (a) it is against the public interest, public safety or public security; or - (b) the applicant fails to comply with a directive of the Authority- The Authority shall communicate the reason for the refusal of an application to the applicant.
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Validity and renewal of licence.
Related Key Concerns
Plain Language Summary
Licenses issued under this law are valid for a set time and can be renewed. To renew a license, applicants must apply to the Authority in the manner prescribed. The Authority can refuse renewal if the ICT service provider violates the license terms, fails to pay fees, uses falsified documents, or poses a risk to public safety, among other reasons.
Show Original Legal Text
41.(1) A licence issued under this Act is valid for the period specified in the licence and may be renewed.
(2) An application for renewal of a licence shall
- (a) be made to the Authority in the prescribed manner;
(3) The Authority may refuse to renew a licence where
(a) the ICT service provider fails to comply with the terms and conditions of the licence;
(b) the ICT service provider fails to pay in full the prescribed fee for the renewal of the licence;
(c) the ICT service provider fails to use the licence for the intended purpose one year after issuance;
(d) the ICT service provider uses falsified documents in an application for the licence;
(e) the ICT service provider fails to comply with the provisions of this Act or Regulations made under this Act;
(f) the continued operation of the business or related activity in the ICT sector poses a risk to public health, public safety or public security;
(g) the services provided by the ICT service provider have deteriorated below the required standards;
(h) an offence under this Act or Regulations made under this Act is being investigated in relation to the ICT service provider;
(i) the ICT service provider fails to honour a financial obligation to the Authority or another public institution regarding sanctions, penalties, levies and taxes; or
(j) the ICT service provider fails to comply with a directive of the Authority.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Non-transferability of licence
Related Key Concerns
Plain Language Summary
A license issued under this law cannot be transferred to someone else unless the Authority gives written permission first. If a license is transferred without approval, the person responsible may face a fine or jail time. Additionally, the Authority has the power to revoke the illegally transferred license.
Show Original Legal Text
- (1) A licence granted under this Act is not transferable except with the prior written approval of the Authority.
(2) A person who transfers a licence contrary to subsection (1) commits an offence and is liable on summary conviction to a fine of not less than fifty thousand penalty units and not more than two hundred thousand penalty units or to a term of imprisonment of not less than five years and not more than ten years or to both and in addition the Authority shall revoke the licence of that person.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Suspension of licence
Plain Language Summary
This section allows the Authority to suspend an ICT service provider's license for reasons such as not following the license terms, failing to meet service standards, or not paying required fees. Before suspending a license, the Authority must notify the service provider in writing, explain the reasons for the suspension, and give them a chance to respond or fix the problem. This ensures that service providers are given an opportunity to address any issues before their license is suspended.
Show Original Legal Text
- (1) The Authority may suspend a licence issued under this Act where
(a) the ICT service provider fails to comply with the terms and conditions of the licence;
(b) the ICT service provider fails to use the licence for the intended purpose one year after the issuance of the licence;
c) the ICT service provider uses a falsified document in an application for the licence;
(d)the ICT service provider fails to comply with the provisions of this Act or Regulations made under this Act;
(f) the services provided by the ICT service provider have deteriorated below the required standards;
(g) an offence under this Act or Regulations made under this Act in relation to the ICT service provider is being investigated;
(h) the ICT service provider fails to honour a financial obligation to the Authority or another public institution regarding sanctions, penalties, levies and taxes;
(i) the ICT service provider fails to comply with a directive of the Authority; or
- (i) the ICT service provider
- (i) becomes insolvent or bankrupt;
(ii) enters into an arrangement or scheme of composition with the creditors of the ICT service provider; or
(iii) takes advantage of an enactment for the benefit of the debtors of the ICT service provider or goes into liquidation, except as part of a scheme for an arrangement or amalgamation.
(2) The Authority shall, before suspending a licence,
(a) give the ICT service provider fifteen days' notice in writing of the intention to suspend the licence;
(b) specify in the notice the reasons for the intended suspension; and
(c) give an opportunity to the ICT service provider to make a written representation within ten days of receipt of the notice or remedy the breach if the breach is capable of remedy.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Restoration of suspended licence
Plain Language Summary
This provision describes how an ICT service provider can have their suspended license restored. If the provider fixes the problem that led to the suspension, the Authority has the option to restore the license. The Authority must restore the license within 60 days of the issue being resolved and must also put the provider back on the official register.
Show Original Legal Text
- (1) The Authority may restore a suspended licence if the ICT service provider remedies the breach in the manner specified by the Authority.
(2) The Authority shall restore a licence of a ICT service provider within sixty days of the ICT service provider remedying the breach that resulted in the suspension.
(3) Where the Authority restores the licence of a ICT service provider, the Authority shall reinstate the name of the ICT products and service provider in the register of ICT products and service providers.
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Revocation of licence
Plain Language Summary
This provision describes how the Authority can take away an ICT service provider's license. If a provider's license is suspended and they don't fix the problem that caused the suspension, the Authority can revoke the license. Before doing so, the Authority must notify the provider in writing, explain why they intend to revoke the license, and give the provider a chance to respond or correct the issue.
Show Original Legal Text
- (1) The Authority may revoke the licence of a ICT service provider, where the licence of the ICT service provider has been suspended and the ICT service provider fails to remedy the breach that resulted in the suspension.
(2) The Authority shall, before revoking a licence,
(a)give the ICT service provider fifteen days' notice in writing of the intention to revoke the licence;
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Certification of ICT Professionals
Related Key Concerns
Plain Language Summary
This provision mandates that all ICT professionals working in public and private institutions must be certified by the Authority. The Authority is responsible for defining the specific requirements and process for obtaining this certification. This aims to ensure a standard level of competence and professionalism among ICT professionals.
Show Original Legal Text
46.(1) A person shall not be appointed as an ICT professional in a public or private institution unless that person is certified by the Authority.
(2) The Authority shall determine the criteria and procedure for the certification of ICT professionals.
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Register of ICT products and service providers
Related Key Concerns
Plain Language Summary
This provision requires the Authority to create and maintain a registry of ICT product and service providers. The registry will contain information about licensed providers, license types, applications, equipment approvals, and infrastructure providers. The Authority is required to update this registry every six months to ensure the information is current.
Show Original Legal Text
47.(1) The Authority shall establish and maintain a register of ICT products and service providers in which the Authority shall record
(a) the names and particulars of ICT products and service providers issued with licences under this Act;
(b) the categories of licences issued to ICT products and service providers;
(c) licence applications;
(d) equipment approvals;
(e) infrastructure service providers; and
(f) any other information that the Authority may determine.
(2) The Authority shall update the register of ICT products and service providers every six months.
Closure of Premises or Facility by the Authority
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Closure of premises or facility
Related Key Concerns
Plain Language Summary
This provision allows the Authority to shut down ICT businesses or facilities if they pose a risk to public health, safety, or the environment, or if they fail to meet service standards or comply with regulations. Generally, the business will receive a 15-day notice before closure, but in cases of immediate danger, the Authority can take immediate action. The Authority must also provide guidelines on how it will use this power.
Show Original Legal Text
48.(1) The Authority may close down the operations of any premises or a facility used for a business or related activity in the ICT sector where
(a) the continued operation of the business or related activity poses a risk to public health, public safety, public security or the environment;
(b) the services provided by the ICT provider have deteriorated below the required standard;
(c) the ICT service provider fails to comply with any of the terms and conditions of the licence; or
(d) the provisions of this Act or Regulations made under this Act are not being complied with.
(2) The Authority shall, before closing down the operations of any premises or facility
(a) give the ICT service provider fifteen days' notice in writing of the intention to close down the operations of the premises or facility; and
(b) specify in the notice the reason for the intended closure.
(3) Despite subsection (2), where the operation of premises or a facility poses imminent danger to public health, public safety, public security or is injurious to the public interest, the Authority may take necessary interim measures including
(a) the immediate seizure of ICT products or equipment;
(b) the suspension of the business or related activities; or
(c) the closure of the premises or facility.
(4) The Authority shall issue guidelines to govern the exercise of the powers of the Authority under this section.
Sale, Merger, Amalgamation and Alteration of the Nature of Business
(c) the alteration of the business of the ICT service provider, except with the prior written approval of the Authority.
(2) Despite the provisions specified in the Companies Act, 2019 (Act 992) a sale, merger, amalgamation or the alteration of the nature of a business which involves an ICT service provider shall not take effect unless approved by the Authority.
(3) A person who acquires shares of a ICT service provider in connection with a sale, merger, or amalgamation shall meet the requirements of this Act before applying for approval under the Securities Industry Act, 2016 (Act 929).
(4) An agreement or arrangement entered into in contravention of subsection (1) is null and void.
Performance Standards and Specifications
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Performance standards
Plain Language Summary
The Authority is responsible for creating performance standards for the ICT sector. These standards will be officially announced to the public. The Authority will also be in charge of making sure that the ICT sector adheres to these standards.
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50.The Authority shall
(a) develop performance standards in the ICT sector;
(b) publish the performance standards in the Gazette; and
(c) enforce the performance standards in the ICT sector.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Specifications for ICT products and services
Plain Language Summary
This provision tasks the Authority with creating standards for ICT products and services. The Authority is then required to publish these standards in the Gazette, which makes them official and accessible to the public. This ensures that ICT products and services meet certain requirements.
Show Original Legal Text
The Authority shall
(a) set specifications for ICT products and services; and
(b) publish the specifications in the Gazette.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Compliance Monitoring and Technical Clearance
Plain Language Summary
This provision tasks the Authority with ensuring that licensees and certified individuals comply with the law. Public institutions must also obtain technical clearance from the Authority before starting major ICT projects. The Authority has the power to define what constitutes a major project that requires this clearance.
Show Original Legal Text
- (1) The Authority shall monitor the activities of licensees and certified persons to ensure compliance with this Act.
(2) A public institution shall obtain technical clearance from the Authority before undertaking any major ICT procurement or deployment.
(3) The Authority may issue guidelines to define the thresholds for what constitutes a major ICT project requiring technical clearance.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
National Digital Architecture
Plain Language Summary
This provision requires the Authority to create a National Digital Architecture. This architecture will establish standards for how government ICT systems operate and connect with each other. The standards will cover areas like data sharing, security, and user access. The goal is to ensure that government digital systems work together effectively.
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53(1) The Authority shall develop and maintain a National Digital Architecture to guide the deployment and integration of ICT systems across the public sector.
(2) The architecture shall include standards for data exchange, interoperability, cybersecurity, user authentication, and shared platforms.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
ICT Project Registry
Related Key Concerns
Plain Language Summary
This provision establishes an ICT Project Registry to track all technology projects in the public sector. Public institutions must register their projects before starting any work. The Authority will review these projects to ensure they meet national standards and priorities.
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54.(1) The Authority shall establish and maintain an ICT Project Registry to record all public sector ICT projects.
(2) A public institution shall register a project before initiating procurement or implementation.
(3) The Authority may review registered projects to ensure alignment with national priorities and standards.
(3) A public institution shall use shared services designated by the Authority unless otherwise exempted in writing.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Audit and Standards for Public ICT
Plain Language Summary
The Authority will regularly audit public ICT systems to ensure they meet required standards. If an audit reveals issues, the Authority can issue improvement plans to public institutions. Institutions that fail to implement these plans will face a fine.
Show Original Legal Text
- (1) The Authority shall conduct periodic audits of public ICT systems to assess compliance with prescribed standards.
(2) The Authority may issue improvement plans to public institutions based on audit findings. (3) An institution that fails to implement an improvement plan commits an administrative breach and shall pay to the Authority an administrative penalty of not less than five thousand and not more than ten thousand penalty units.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Performance Monitoring and Reporting
Plain Language Summary
This section requires the Authority to track and report on digital governance performance. Public institutions must regularly submit ICT reports to the Authority. The Authority will then create an annual Public Sector Digital Index Report. The Authority will also manage a registry of certified professionals and can revoke certifications for misconduct.
Show Original Legal Text
57.(1) The Authority shall develop a framework for monitoring performance indicators for digital governance.
(2) Each public institution shall submit periodic ICT performance reports in a manner directed by the Authority.
(3) The Authority shall compile an annual Public Sector Digital Index Report for submission to the Minister and publication.
(4) The Authority shall maintain a register of certified professionals and may suspend or revoke certification for misconduct or breach of standards.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
ICT Performance Standards and Certification Tiers
Related Key Concerns
Plain Language Summary
This provision tasks the Authority with creating and enforcing ICT performance standards and certifications for infrastructure, services, and professionals. These certifications will be tiered to reflect different levels of security, interoperability, reliability, and accessibility. Public institutions are required to obtain ICT services from providers that have achieved the Authority's certification.
Show Original Legal Text
- (1) The Authority shall prescribe and enforce ICT performance standards and certification tiers for infrastructure, services, and professionals.
(2) Certification tiers shall reflect levels of security, interoperability, reliability, and user accessibility.
(3) A public institution shall procure ICT services and systems only from providers certified by the Authority at a prescribed tier.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Capacity Building and Local Innovation Support
Plain Language Summary
The Authority will provide training programs to enhance the skills of government ICT staff. It will also encourage collaborations between tech companies, new businesses, and educational institutions to boost local innovation in the ICT sector. These efforts aim to improve the government's technological capabilities and support the growth of the local tech industry.
Show Original Legal Text
- (1) The Authority shall implement programmes for the training and professional development of ICT officers in the public sector.
(2) The Authority shall promote partnerships with technology firms, start-ups, and academia to support indigenous ICT innovation.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Regulatory Sandbox for ICT Innovation
Plain Language Summary
This provision creates a regulatory sandbox for innovators to test new ICT products and services under supervision. The Authority will provide temporary regulatory relief to participants. However, participants must still adhere to data protection and consumer protection laws.
Show Original Legal Text
60.(1) The Authority shall establish a Regulatory Sandbox Framework to allow eligible innovators to test new ICT products, services, business models, or delivery mechanisms in a controlled environment, subject to defined parameters and duration.
(2) A person or entity that qualifies for participation in the sandbox shall receive temporary regulatory reliefs as determined by the Authority.
(3) The Authority shall issue guidelines governing the eligibility, application, monitoring, exit, and evaluation criteria for participation in the Regulatory Sandbox.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Risk-Based and Principles-Oriented Approach
Plain Language Summary
The Authority will regulate ICT activities based on risk and principles, prioritizing consumer protection and innovation. They will create a system to categorize risks based on the size and impact of different activities. Regulations will be proportionate to the risks involved, encouraging flexibility and new ideas in the ICT sector.
Show Original Legal Text
61.(1) The Authority shall exercise its regulatory functions using a risk-based and principlesoriented approach, focusing on the outcomes of compliance, consumer protection, security, and innovation facilitation.
(2) The Authority shall develop a risk categorisation model to differentiate regulatory oversight based on the scale, nature, and impact of the ICT activity or service.
(3) In applying this Act or Regulations, the Authority shall adopt regulatory measures that are proportionate to the risks posed and shall promote flexibility and innovation within the ICT ecosystem.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Future Technologies and Adaptive Regulation
Plain Language Summary
This provision directs the Authority to create regulations that don't favor specific technologies or stifle innovation. It also requires the Authority to regularly update its rules and procedures to keep pace with new and emerging technologies like artificial intelligence and blockchain. This ensures that regulations remain relevant and adaptable in the face of technological advancements.
Show Original Legal Text
62.(1) The Authority shall ensure that regulatory instruments under this Act are technologyneutral and do not unduly constrain innovation.
(2) The Authority shall periodically review its rules, standards, and procedures to accommodate emerging technologies, including but not limited to artificial intelligence, blockchain, the Internet of Things, cryptocurrency and cross-border cloud services.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Digital Inclusion and Accessibility
Plain Language Summary
This provision mandates the Authority to make ICT services accessible to everyone, with a focus on people with disabilities, women, rural populations, and marginalized groups. It requires the development and implementation of national standards for ICT accessibility based on international best practices. The Authority must also collaborate with other organizations to implement digital literacy programs and empowerment initiatives.
Show Original Legal Text
63.(1) The Authority shall promote universal and inclusive access to ICT services, with particular focus on persons with disabilities, women, rural populations, and marginalized groups.
(2) The Authority shall develop and implement national standards for ICT accessibility based on international best practices, including the Web Content Accessibility Guidelines (WCAG).
(3) The Authority shall collaborate with relevant agencies and civil society organizations to implement digital literacy programs and gender-responsive digital empowerment initiatives.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Multi-Stakeholder Advisory Forum
Plain Language Summary
This provision creates a Multi-Stakeholder Advisory Forum to give policy advice to the Authority. The forum will be made up of representatives from the ICT sector, civil society, academic institutions, and other relevant groups. The forum must meet at least once a year and its discussions will be summarized in the Authority's annual report.
Show Original Legal Text
64.(1) There is established by this Act a Multi-Stakeholder Advisory Forum to provide policy and strategic advice to the Authority.
(2) The Forum shall comprise representatives from:
(a) the private ICT sector;
(b) civil society organizations;
(c) academic and research institutions;
(d) certified ICT professionals;
(e) international development partners; and
(f) any other stakeholder the Authority may determine.
(3) The Forum shall meet at least once a year and submit recommendations to the Board of Directors.
(4) The Authority shall publish a summary of the Forum's deliberations and responses in its annual report.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Periodic Review of Regulatory Instruments
Plain Language Summary
This provision requires the Authority to review all regulations made under the Act at least every five years. The review will assess if the regulations are still relevant and effective, considering changes in technology and the market. The Authority must also consult with the public and publish a report after each review.
Show Original Legal Text
- (1) The Authority shall undertake a comprehensive review of all regulatory instruments made under this Act at least once every five (5) years.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Collaboration with Other Agencies
Plain Language Summary
The Authority is required to work with public institutions, regulatory agencies, private companies, and international partners. This collaboration will help the Authority in carrying out its duties and responsibilities. This ensures a coordinated approach involving different sectors and organizations.
Show Original Legal Text
- The Authority shall collaborate with public sector institutions, regulatory bodies, private sector actors, and international development partners and organisations in the discharge of its mandate.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Submission of reports by ICT service providers
Plain Language Summary
ICT service providers must submit annual reports to the Authority about their business activities. These reports are due shortly after the end of each year. The Authority can also ask for more information and must review the reports within 30 days.
Show Original Legal Text
- (1) A ICT service provider shall submit annual reports on the business and related activities of the ICT service provider to the Authority.
A report under subsection (1) shall be submitted within
(a) fifteen days after the end of month ending December 31 in any year; or
(b) a period specified in guidelines issued by the Authority.
The Authority may request additional information from a ICT service provider on the following
(a) the conduct, practices and management of the business of the ICT service provider;
(b) the transactions related to the operations of the ICT service provider; and
(c) financial and operational compliance with applicable enactments.
(4) The Authority shall, within thirty days after receipt of the report, consider the report and take necessary action.
Investigation and Enforcement
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Inspector
Plain Language Summary
The Director General can appoint officers as inspectors to check if businesses in the ICT sector are following the law. Before an inspection, the inspector needs written permission from the Director General, which they must show to the person in charge if asked. Inspectors must follow a code of conduct and can be penalized for any misconduct.
Show Original Legal Text
- (1) The Director General, in consultation with the Board of Directors, may for the purpose of this Act, designate an officer as an inspector to, subject to strict ethical guidelines, inspect premises or a facility engaged in a business or related activity in the ICT sector to ensure compliance with this Act.
(2) An inspector shall, before conducting an inspection, obtain prior written authorisation from the Director General, and if required, produce the authorisation to the person in charge of the premises or facility.
(3) An inspector shall be subject to a code of conduct with penalties for misconduct.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Power of an inspector
Related Key Concerns
Plain Language Summary
Inspectors have the authority to enter and investigate premises or facilities if they suspect unlicensed ICT business activities. They can inspect licenses, premises, and records, as well as seize ICT products or equipment suspected of being used illegally. The Authority must then validate any seizures within seven days, and the inspector must submit a report of the inspection to the Director General within 48 hours.
Show Original Legal Text
- (1) An inspector may, at any reasonable time, enter premises or a facility to investigate activities if there is reason to believe the premises or facility is being used for an unlicensed business or related activity in the ICT sector.
The inspector shall, upon entry into the premises or facility, inspect
(a) the licence of the ICT service provider;
(b) the premises of the ICT service provider; and
(c) any records relevant to compliance with this Act.
(3) An inspector may, at any reasonable time, enter premises, a vehicle, a vessel or an aircraft to
(a) examine records or documents related to ICT transactions;
(b) search for evidence of illegal ICT transactions or unlicensed operations;
(4) Upon the seizure and detention of ICT products or equipment by an inspector of the Authority, the Authority shall within seven (7) days after the seizure and detention, apply to the Tribunal under section 77 of this Act for validation or otherwise of the seizure and detention.
(5) An inspector may be accompanied by a police officer or any other security personnel in the exercise of powers under this section.
(6) An inspector who conducts an inspection under this section shall, within forty-eight (48) hours of the conduct of the inspection, submit a written report of the inspection to the Director General.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Obstruction of an inspector
Related Key Concerns
Plain Language Summary
This provision makes it a crime to interfere with an inspector who is carrying out their duties as authorized by law. Individuals who obstruct an inspector can face a fine, jail time, or both. The penalties are a fine between 2,000 and 5,000 penalty units or imprisonment between 6 months and 2 years.
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- A person who obstructs an inspector in the exercise of a power under section 67 commits an offence and is liable on summary conviction to a fine of not less than two thousand penalty units and not more than five thousand penalty units or to a term of imprisonment of not less than six months and not more than two years or to both.
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Enforcement powers of the Authority
Related Key Concerns
Plain Language Summary
This section details how the Authority can enforce the law. It can demand documents, get warrants to search locations and seize evidence, and call witnesses for investigations. The Authority can also stop ICT service providers who violate their license terms from conducting business and award damages to those harmed by their actions. The Authority will also be responsible for holding any confiscated ICT products and equipment.
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- (1) The Authority may
(a) require an applicant for a licence or a ICT service provider to produce a document or other relevant information;
(b) apply to a court of competent jurisdiction for a warrant to
(i) search premises and seize evidence; or
(ii) seize any materials related to a contravention of this Act·
(c) require the attendance of a witness for investigation;
(d) restrain a ICT service provider who has breached a condition of the licence from engaging
in a business or a related activity in the ICT sector; and
(e) assess and award damages against a ICT service provider in favour of an injured third party.
- The Authority shall have custody of all confiscated ICT products and equipment.
(3) For the purpose of subsection (1), an officer authorised by the Authority may exercise the power of search or investigation conferred on a police officer under the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
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Other powers of the Authority
Related Key Concerns
Plain Language Summary
This section details the actions the Authority can take if someone violates the ICT Act or its regulations. These actions include issuing warnings, confiscating illegally obtained equipment, ordering the violator to stop the activity, suspending or revoking licenses, and any other action to ensure the law is followed. These powers are in addition to the general powers of the Authority.
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72.Without limiting section 69, where a person contravenes a provision of this Act or Regulations made under this Act, the Authority may
- (a) issue a warning to the violator;
(b) order the forfeiture of ICT products or equipment obtained illegally;
(c) issue a cease-and-desist order;
(d) suspend or revoke a licence in accordance with this Act; and
(e) take any other action necessary to ensure compliance with this Act.
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Other enforcement measures
Plain Language Summary
This provision allows the Authority to conduct random audits of ICT infrastructure and service providers. It also grants the Authority the power to seize ICT equipment if it lacks proper documentation, is used to bypass regulations, or violates financial laws related to money laundering or terrorism. This enforcement power ensures compliance with ICT regulations and helps prevent illegal activities.
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73(1) The Authority shall, in collaboration with relevant institutions conduct a random ICT audit of a public/commercial ICT infrastructure or an ICT service provider.
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Negotiation
Plain Language Summary
This provision requires ICT service providers to first negotiate any disputes related to their licensed activities. If negotiation doesn't resolve the issue, either party can escalate the dispute to a formal Dispute Resolution Committee. This ensures that disagreements are addressed initially through amicable discussion before involving a formal resolution process.
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74.(1) Where a dispute arises between ICT service providers regarding licensed activities, the ICT service providers shall resolve the dispute amicably through negotiation.
(2) Where the parties are unable to resolve the dispute through negotiations, either party to the dispute may refer the dispute to the Dispute Resolution Committee established under section 75.
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Dispute Resolution Committee
Plain Language Summary
This provision creates a Dispute Resolution Committee to resolve conflicts between ICT service providers. The committee will investigate disputes, conduct fair hearings, and issue decisions within 30 days. This aims to provide a swift and transparent process for resolving disagreements in the ICT sector.
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(l) There is established by this Act a Dispute Resolution Committee.
The Dispute Resolution Committee shall
(a) investigate and hear disputes between ICT service providers without delay;
(b) conduct proceedings fairly and transparently; and
(c) deliver decisions within thirty days from the date of receipt of a dispute.
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Composition and procedure of the Dispute Resolution Committee
Plain Language Summary
This provision describes how the Dispute Resolution Committee is organized. The Board of Directors decides who sits on the committee and how it functions. However, the committee must be headed by a lawyer with at least 10 years of experience in alternative dispute resolution. The Authority is required to publish the committee's operating rules for public access.
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- (1) The Board of Directors shall determine the composition and the rules of procedure of the Dispute Resolution Committee.
(2) Despite subsection (1), the Dispute Resolution Committee shall be chaired by a lawyer with at least ten years' experience in the practice of alternative dispute resolution.
- The Authority shall publish the rules of procedure of the Dispute Resolution Committee in the Gazette.
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Decisions of the Dispute Resolution Committee
Plain Language Summary
The Dispute Resolution Committee has several powers when resolving disputes. It can determine the rights and responsibilities of involved parties, issue temporary or short-term orders, and guide the dispute process. The committee can also dismiss claims that are without merit and require a party to pay costs in certain situations. Finally, it can issue any other necessary instructions to resolve the dispute.
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The Dispute Resolution Committee may, in resolving a dispute
(a) declare the rights and obligations of the parties;
(b) make a provisional order or an interim order;
(c) provide directions to facilitate the proceedings;
(d) dismiss a frivolous or a vexatious claim;
(e) award costs against a party, where appropriate; and
(f) issue any other directive necessary to resolve the matter.
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Appeal against the decision of the Dispute Resolution Committee
Plain Language Summary
This provision allows individuals who disagree with a decision from the Dispute Resolution Committee to formally challenge it. They can appeal the decision to the National Information Technology Tribunal. This process provides a way to review and potentially overturn decisions made by the Committee.
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- A person who is aggrieved by a decision of the Dispute Resolution Committee may appeal to the National Information Technology Tribunal established under this Act.
National Information Technology Tribunal
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Establishment of the National Information Technology Authority Tribunal
Plain Language Summary
This provision creates the National Information Technology Tribunal. The Tribunal will handle appeals related to decisions from the National Information Technology Authority, licensing issues, and resolutions from the Dispute Resolution Committee. This establishes a formal process for appealing decisions related to information technology.
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80.(1) There is established by this Act, the National Information Technology Tribunal.
The Tribunal shall be constituted to consider appeals regarding
(a) a decision made by the Authority;
(a) a chairperson, who is
(i) a retired Justice of the Superior Courts of Judicature, or
(ii) a lawyer with at least fifteen years' experience in the regulation of the ICT sector or the practice of alternative dispute resolution; and
(b) two other members with expertise in ICT.
The Minister shall appoint the chairperson and other members of the Tribunal
Sections 9 and 11 on disclosure of interest and allowances apply to a member of the Tribunal.
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Administration of the Tribunal
Plain Language Summary
This provision states that the Minister will appoint a Registrar to manage the Tribunal's administrative tasks, as well as other staff to help the Tribunal operate efficiently. The Registrar will be in charge of the Tribunal's day-to-day operations. This ensures the Tribunal has the staff it needs to function properly.
Show Original Legal Text
82.(1) The Minister shall appoint
(a) a Registrar to manage the administrative affairs of the Tribunal; and
(b) other staff necessary for the efficient and effective operation of the Tribunal.
The Registrar shall oversee the day-to-day operations of the Tribunal.
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Expenses of the Tribunal
Plain Language Summary
The Tribunal's operational costs will be covered by the Authority's funds. Each year, the Tribunal's chairperson must propose a budget to the Authority's Board of Directors. The Board is then responsible for providing the Tribunal with the necessary funds within the first three months of the financial year.
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(1) The expenses of the Tribunal shall be a charge on the funds of the Authority.
The chairperson of the Tribunal shall submit an annual budget for approval by the Board of Directors.
The Board of Directors shall release funds for the operations of the Tribunal no later than the first quarter of the financial year.
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Allowances
Plain Language Summary
This provision states that members and staff of the Tribunal will receive allowances when they are hearing cases. The amount of these allowances will be decided by the Minister, after consulting with the Minister responsible for Finance. This ensures that individuals are compensated for their time and effort when the Tribunal is in session.
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- The members and staff of the Tribunal shall be paid such allowances determined by the Minister in consultation with the Minister responsible for Finance as and when the Tribunal hears cases.
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Rules of procedure of the Tribunal
Plain Language Summary
This provision directs the Board of Directors to create rules for how the Tribunal operates within 90 days after this law takes effect. The Board must then publish these rules in the official government publication, the Gazette, making them accessible to the public. This ensures the Tribunal has a defined process and that the public is informed of these procedures.
Show Original Legal Text
(1) The Board of Directors shall, within ninety days of the coming into force of this Act, prescribe rules of procedure for the Tribunal.
(2)The Board of Directors shall publish the rules in the Gazette.
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Right of appeal
Plain Language Summary
This provision grants individuals the right to appeal decisions made by the Authority or the Dispute Resolution Committee to a Tribunal. Appeals must be filed within 21 days of the decision and include specific information. The Tribunal is then required to hear the appeal within 30 days.
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(1) A person aggrieved by a decision of the Authority or the Dispute Resolution Committee may, within twenty-one days of the date of the decision, appeal to the Tribunal.
A notice of appeal under subsection (1) shall specify
(a) the decision being appealed against;
(b) the legal provisions under which the decision was made; and
(c) the grounds for appeal.
The Tribunal shall convene to hear the appeal within thirty days of receipt of the notice of appeal.
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Decisions of the Tribunal
Plain Language Summary
After an appeal, the Tribunal has the power to overturn, partially allow (with modifications), or dismiss the original decision. If the appeal is partially allowed, the Tribunal can change the original decision with specific conditions. The Tribunal's final decision is legally binding, equivalent to a High Court judgment.
Show Original Legal Text
87(1) The Tribunal may, after hearing an appeal,
(a) overturn the decision being appealed;
(3) The decision of the Tribunal shall have the same effect as a judgment of the High Court.
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Appeal against a decision of the Tribunal
Plain Language Summary
If someone disagrees with a Tribunal's decision, they can appeal to the Court of Appeal. However, the appeal must be based on a legal error made by the Tribunal, not just disagreement with the facts. The appeal must be filed within 30 days of the Tribunal's decision.
Show Original Legal Text
(1) A party who is dissatisfied with a decision of the Tribunal on a matter may appeal to the Court of Appeal.
An appeal under subsection (1) shall be
(a) on a point of law only; and
(b) filed within thirty days of the decision of the Tribunal.
Offence, Penalties and Administrative Penalty
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General offences and penalties
Related Key Concerns
Plain Language Summary
This provision outlines several offenses related to the ICT sector, including damaging equipment, providing false information, violating license terms, bribing officials, and fraudulently obtaining licenses. Individuals who commit these offenses will face fines between two thousand and five thousand penalty units, imprisonment between six months and two years, or both. This aims to protect ICT infrastructure and ensure fair practices within the sector.
Show Original Legal Text
- (1) A person shall not
(a) unlawfully destroy, damage, or interfere with equipment, installations, or facilities used in the ICT sector ;
(b) provide false information or fraudulent documentation related to ICT transactions;
(c) fail or neglect to comply with the terms and conditions of a licence;
(d) offer a bribe or incentive to an officer of the Authority to circumvent this Act or Regulations made under this Act;
(e) front or connive to acquire a licence under this Act or Regulations made under this Act.
(2) A person who contravenes a provision of subsection (1) commits an offence and is liable on summary conviction to a fine of not less than two thousand penalty units and not more than five thousand penalty units or to a term of imprisonment of not less than six months years and not more than two years or to both.
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Embezzlement, misappropriation or diversion of funds
Plain Language Summary
This provision makes it illegal to steal or misuse funds that are meant for the Authority or the Republic as defined by this law. If someone is found guilty of doing so, they could face a fine, a prison sentence, or both. The fine ranges from five thousand to ten thousand penalty units, and the prison sentence ranges from five to twenty years.
Show Original Legal Text
90.(1) A person shall not embezzle, misappropriate or divert funds meant for the Authority or the Republic under this Act.
(2)A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than five thousand penalty units and not more than ten thousand penalty units or to a term of imprisonment of not less than five years and not more than twenty years or to both.
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Offences Relating to Licensing and Certification
Related Key Concerns
Plain Language Summary
This provision makes it illegal to operate ICT services or infrastructure without the proper license, to falsely claim ICT certification, or to provide false information when applying for a license or certification. Violators may face fines, imprisonment, or both. This aims to ensure that ICT services are provided by qualified and authorized individuals or entities.
Show Original Legal Text
91.(1) A person who
(a) provides ICT services or operates ICT infrastructure without a valid licence,
(b) falsely represents themselves as a certified ICT professional, or
(c) submits false information to obtain a licence or certification, commits an offence and is liable on summary conviction to a fine of not less than one thousand penalty units and not more than two thousand penalty units or to a term of imprisonment of not less than six months years and not more than two years, or to both.
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Obstruction of Compliance Reviews
Related Key Concerns
Plain Language Summary
This provision makes it a crime to obstruct compliance reviews. It prohibits refusing information requests, blocking access to computer systems, and destroying or altering documents. Violators may face fines between two thousand and five thousand penalty units, imprisonment between twelve and twenty-four months, or both.
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- A person who
(a) refuses to provide information lawfully requested by a Compliance Inspector of the Authority,
(b) prevents or delays access to ICT systems or facilities during an inspection, or
(c) conceals, alters, or destroys relevant documentation, commits an offence and is liable on summary conviction to a fine of not less than two thousand penalty units and not more than five thousand penalty units or to imprisonment for a term of not less that twelve months and not more than two years, or to both.
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Offence by a body corporate
Related Key Concerns
Plain Language Summary
This provision makes directors, managers, officers, and responsible shareholders liable if their company commits an offense under this law. However, they can avoid responsibility if they prove they tried to prevent the offense. This encourages those in charge to take proactive measures to ensure the company complies with the law.
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94.Where a body corporate commits an offence under this Act, every director, manager, officer and shareholder responsible for the operations of the body corporate is considered to have committed the offence unless the director, manager, officer or shareholder proves that the director, manager, officer or shareholder exercised due diligence to prevent the commission of the offence.
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Administrative penalty
Related Key Concerns
Plain Language Summary
This provision allows the Authority to fine ICT service providers or regulated entities between 20,000 and 50,000 penalty units if they don't follow the Authority's instructions or provide necessary information. If the fine isn't paid, the Authority can suspend or cancel their license or stop them from working in the ICT sector. This ensures compliance with regulations and directives.
Show Original Legal Text
95.(1) A ICT service provider or any other entity regulated under this Act or Regulations made under this Act who
(a) fails to comply with a directive issued by the Authority, or
(b) refuses or neglects to provide required information to the Authority, is liable to pay to the Authority an administrative penalty of not less than twenty thousand penalty units and not more than fifty thousand penalty units.
(2) Where a person fails to pay an administrative penalty imposed under subsection (1), the Authority may
(a) suspend or revoke the licence of the person; or
(b) prohibit the person from engaging in a business or related activity in the ICT sector within the country.
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Other Offences
Related Key Concerns
Plain Language Summary
This section defines several illegal activities related to cybersecurity, data handling, and compliance with the law. These include providing false information, causing security breaches through negligence, engaging in online scams, and failing to meet data center standards. Penalties for these offenses range from fines and imprisonment to suspension of operations and permanent revocation of licenses, with harsher penalties for repeated offenses or retaliation against whistleblowers.
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96. A person who
(a)makes a false declaration in an application for a licence,
(b)makes a false declaration in an application for registration of a licence, wilfully destroys or damages a register kept under this Act commits an offence and is liable on summary conviction to a fine of not more than five hundred penalty units or co a term of imprisonment of not more than two years or to both and in the case of a continuing offence to a further fine of ten penalty units for each day during which the offence continues after written notice has been served on the offender by the Authority .
97.(1) A person who negligently causes a cybersecurity breach commits an offence and is liable on conviction to a fine of up to two thousand penalty units or to imprisonment for a term not exceeding five years, or to both.
(4) A person who hosts critical data without accreditation as required by the Authority commits an offence and is liable on conviction to a fine of five thousand penalty units or to imprisonment for a term not exceeding seven years, or to both.
(5) A person who fails to conduct and submit an audit report as required by the Authority commits an offence and is liable to a fine of one thousand penalty units for each month of delay.
(6) A person who submits a false report to the Authority commits an offence and is liable on conviction to a fine of five thousand penalty units or to imprisonment for a term not exceeding five years, or to both.
(7). A person who obstructs Compliance Officers by rejecting, interfering with, or evading their lawful duties commits an offence and is liable to immediate suspension of ICT operations until compliance is achieved.
(8)A person who repeatedly violates multiple provisions of this Act or Regulations commits an offence and is liable on conviction to a fine of five thousand penalty units and permanent revocation of operating licences.
(9) A person whose gross negligence leads to data breaches or system failures commits an offence and is liable on conviction to a fine of up to ten thousand penalty units or ten percent of annual turnover (whichever is higher), plus mandatory third-party audits.
(10) A person who retaliates against a whistleblower in connection with any offence under this Act commits an offence and is liable on conviction to double the maximum penalty prescribed for the underlying offence.
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Procedure for decision-making by the Authority
Plain Language Summary
This provision establishes the process the Board must follow when making decisions. It requires the Board to be fair, timely, and transparent, including publishing decisions and allowing affected parties to provide input. The Board must consider all evidence and submissions and has the power to review its decisions.
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98.(1) In the exercise of its function under this Act and the Electronic Transactions Act, 2025 (Act âŠ) , the Board shall
- (a) observe reasonable standards of procedural fairness,
- (b) act timeously, and
- (c) observe the rules of natural justice.
when making decisions that affect a person.
(2) Without limiting subsection (1), the Board shall
(a) publish a matter for decision in the Gazette as considered necessary or as required by the Electronic Transactions Act, 2025 (Act âŠ) prior to making a decision;
(b) grant a person who is or is likely to be affected by a decision of the Board, an opportunity;
(i) to make a submission to the Board,
(ii) to be heard by the Board, or
(iii) to consult with the Board in good faith, 'and
- ( c) have regard to evidence adduced and matters contained in a submission made or received in the course of any consultation.
(3) Where the Board makes a decision, it shall
- The Board may, on application or on its own motion, review, rescind or vary a decision made by it or hear a matter again before rendering a decision.
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Register of interests
Plain Language Summary
This provision requires the creation of a public "Register of Interests" for members of the Board. The register will contain information about their financial and organizational affiliations. The public can access this register physically or electronically, and can make copies or extracts for a fee. This promotes transparency and accountability by disclosing potential conflicts of interest.
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99.(1) The Director-General shall cause to be kept and maintained a Register in which shall be recorded details of
- (a) any share or debenture owned by a member of the Board;
- (b) other financial interests a member of the Board has in a corporate body;
- (c) any public or charitable appointment or directorship held by a member; and
- (d) any other matter required to be registered.
(2)The Register shall be publicly accessible, in both physical and electronic form.
(3) The Register shall be open to the public for physical inspection during normal working hours and subject to the payment of a fee determined by the Authority.
(4) A person may
(a) make a copy of the content of the Register, or
(b) take an extract from the Register, at the fee that the Authority may determine.
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Code of conduct
Plain Language Summary
This provision requires the Board to create a code of conduct within one year. This code will apply to board members, staff, and anyone working for the Authority. The code must cover ethical and disciplinary matters and be updated regularly to stay relevant to the communications industry.
Show Original Legal Text
100.(1) The Board shall establish within one year of the commencement of this Act, a code of conduct for members of the Board, staff and persons whose services the Authority engages.
(2)The Code of Conduct shall among other provide for disciplinary and ethical matters
(3) The Board shall revise the code of conduct from time to time having regard to the changing regulatory objectives in the communications industry.
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Publication of notices and directives
Plain Language Summary
This section allows the Authority to publicize important notices and directives through various channels, including newspapers, radio, television, and its website, in addition to the official Gazette. The goal is to ensure that relevant parties can easily find and understand these notices. This broadens the reach of important information beyond the official government publication.
Show Original Legal Text
101.(1) Where a provision of this Act requires publication of a notice or a directive in the Gazette, the Authority may, in addition to publication in the Gazette, publish the notice or directive
(a) in a daily newspaper of national circulation;
(b) on radio and television; and
(c) on the website of the Authority.
(2) The Authority shall ensure that a notice or directive is accessible to relevant stakeholders.
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Public engagement
Plain Language Summary
This provision requires the Authority to regularly engage with the public about its activities. This likely involves holding public meetings, releasing information, or conducting outreach to ensure the public is informed about the Authority's work. The goal is to promote transparency and allow for public input on the Authority's operations.
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- The Authority shall organise periodic public engagement on the operations of the Authority.
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Regulations
Plain Language Summary
This section allows the Minister to create regulations for the ICT sector. These regulations can define business activities, manage complaints, set performance standards and safety protocols. They can also promote Ghanaian involvement, protect consumers, regulate data centers, and set fees. The Minister can also create regulations for any other matter necessary for the effective and efficient implementation of this Act.
Show Original Legal Text
- The Minister may, by legislative instrument, make Regulations to
(a) define, expand or modify the scope of activities that constitute business or related activities in the ICT sector;
(b) specify procedures for submitting, investigating and resolving complaints in the ICT sector;
(c) establish disciplinary procedures for ICT service providers;
(i) prescribe rules for consumer protection in the ICT sector;
(j) prescribe licensing procedures and categories;
(k) certification standards;
(l) compliance monitoring mechanisms;
(m) public sector ICT governance;
(g) prescribe for fair trade practices and anti-competition rules in the ICT sector;
(h) regulate data centres and ICT infrastructure;
(i) prescribe fees chargeable under this Act,
(j) provide for forms for applications,
(k) prescribe requirements for licences and approvals for equipment,
(l) provide procedures for the systematic implementation of a national information communications technology policy,
(m) provide for any other matter necessary for the effective and efficient implementation of this Act.
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Interpretation
Plain Language Summary
This section defines key terms used in the Act to ensure clarity and consistent interpretation. These definitions cover various aspects of information and communication technology, including technical terms like "cloud computing" and "data centre," regulatory concepts like "adaptive regulation" and "risk-based approach," and organizational roles such as "Authority" and "compliance inspector." Understanding these definitions is essential for correctly interpreting the provisions of the Act. It also references that words and expressions defined in the Electronic Transactions Act 2025 have the same meaning in this Act.
Show Original Legal Text
104. (1) In this Act, unless the context otherwise requires, -
"adaptive regulation " means regulatory practices designed to evolve in response to emerging technologies and changing market dynamics;
- "Authority" means the National Information Technology Authority established under section 1;
"Board" means the Governing Board of the Authority;
"certification tiers" means graduated levels of certification that indicate the performance, reliability, and compliance level of ICT services or professionals;
"certified professional" means a person certified under this Act to provide ICT services in the public sector;
"chairperson" means the chairperson of the Board;
"cloud computing" means delivery of computing services -including servers, storage, databases, networking, software -over the internet ('the cloud') ;
"cloud hosting environments" means virtualized computing platforms provided over the internet to host data, applications, and services;
"compliance inspector" means an officer designated by the Authority to monitor, audit, and inspect entities for compliance with this Act;
"data centre" means a facility used to house computer systems, servers, and associated
components such as telecommunications and storage systems for data processing and storage; "domain name" means a unique, human-readable identifier that corresponds to a numeric Internet Protocol address and is used to locate websites or digital services on the internet; "enactment" includes an Act of Parliament, a legislative instrument, or any subsidiary legislation or regulation made under statutory authority and having the force of law in Ghaba; "enterprise software solutions" means integrated digital systems designed to manage core operations of an organization, including finance, human resources, and supply chain; means a company licensed by the Authority to
"Government ICT Infrastructure Operator " manage, operate, and develop core government digital infrastructure;
digital hardware and software systems;
information systems and digital applications, especially within government operations;
data centres, hosting facilities, electronic and cloud-based infrastructure;
digital innovation, platforms, and emerging technologies deployed in the public sector; and e) associated standards, architecture, and interoperability frameworks;
"ICT infrastructure" includes physical and virtual systems such as servers, networks, data centers, cloud platforms, and related hardware or software required for digital operations;
"ICT service provider" means an individual or entity licensed by the Authority to provide ICT products, services, platforms, or infrastructure within the ICT sector;
"improvement plan" means a set of recommendations and steps issued by the Authority to guide an entity towards compliance with performance standards;
"information technology" means the application of digital systems, computing devices, software, networks, and electronic data processing tools to collect, process, store, retrieve, and disseminate information for operational, administrative, or strategic purposes;
"internet protocol address" means a unique numerical label assigned to a device or node connected to a computer network that uses the Internet Protocol for identification and communication;
"interoperability" means the ability of different ICT systems and applications to communicate, exchange data, and use the information effectively;
"Minister" means the Minister responsible for Communication, Digital Technology, and Innovations;
"Ministry" means the Ministry responsible for Information Communications Technology or Digitalisation;
"national digital identity services" means digital systems and platforms that authenticate and manage unique identities of individuals or institutions for electronic services;
"performance standards" means formalized metrics and criteria prescribed by the Authority to evaluate the quality, efficiency, security, and user experience of ICT systems and services; "prescribed" means specified by or in accordance with this Act or Regulations, directives, notices or guidelines issued under this Act;
"principles-oriented regulation " means a regulatory approach focused on broad objectives and outcomes rather than prescriptive rules;
- "public institution" means a Ministry, Department, Agency, Metropolitan, Municipal or District Assembly, a statutory or constitutional body, or any entity owned wholly or partly by the Republic;
"registrable interest" includes any direct or indirect financial interest, shareholding, beneficial ownership, partnership, trusteeship, or fiduciary obligation held by a person, which is required to be disclosed under section 12 or section 99 of this Act;
"risk-based approach" means a method that allocates regulatory resources and scrutiny based on the potential risks posed by ICT activities or providers;
"sandbox" means a controlled regulatory environment where innovations can be tested temporarily under relaxed regulatory requirements;
"service level agreements (SLAs)" means formal contracts between service providers and clients that define expected service performance, responsibilities, and penalties for noncompliance;
"technical clearance" means approval issued by the Authority confirming that an ICT project meets prescribed technical standards and compliance requirements;
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Transitional Provisions
Plain Language Summary
This section ensures a smooth transition from the old National Information Technology Agency to the new National Information Technology Authority. All assets, debts, and existing contracts of the old agency will be transferred to the new Authority. Employees of the old agency will automatically become employees of the new Authority with no loss of benefits. Existing ICT-related licenses will remain valid for six months, allowing time to apply for new licenses under the new Authority.
Show Original Legal Text
- (1) The rights, assets and liabilities that have accrued in respect of the properties vested in the National Information Technology Agency in existence immediately before the coming into force of this Act are transferred to the National Information Technology Authority established under this Act.
(2)A person in the employment of the National Information Technology Agency immediately before the coming into force of this Act shall, on the coming into force of this Act, be deemed to have been duly employed by the National Information Technology Authority established under this Act on the terms and conditions which are not less favourable in aggregate to the terms and conditions attached to the post held by the person before the coming into force of this Act.
(3)A contract subsisting between the National Information Technology Agency and another person and in effect immediately before the coming into force of this Act shall subsist between the National Information Technology Authority established under this Act and that other person subject to modifications that are necessary to ensure compliance with this Act.
(4)A licence, permit, or certificate issued by the Ministry or any other public body for matters related to ICT before the coming into force of this Act shall remain valid for six months unless revoked earlier by the Authority.
(5) A person whose licence ceases to be valid under subsection (4) may apply to the National Information Technology Authority for a licence under this Act.
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Repeals and Savings
Plain Language Summary
This provision repeals the previous National Information Technology Agency Act but validates actions taken under it. It also mandates the National Information Technology Authority to produce a detailed annual report. The report must cover areas like policy implementation, regulatory performance, service delivery, financial status, governance, human capital, collaboration, legal compliance, performance monitoring, and grants.
Show Original Legal Text
106.(1) The National Information Technology Agency Act, 2008 (Act 771) is hereby repealed. (2)Despite the repeal, any action lawfully taken under the repealed Act shall be deemed to have been taken under the corresponding provisions of this Act.
SCHEDULE (Section 29)
Form and Content of Annual Report of the National Information Technology Authority
| Part of Report | Description |
|---|---|
| PART I - Introductory Information | Table of contents. Index of terms. Glossary of technical and legal terms and acronyms. Contact details of officer(s) responsible for preparing the report. Official website address of the Authority and hyperlink to the published report. |
| PART II - Review by the Board and Executive Management | A review by the Board of the Authority ency, which shall include - |
Date of Gazette notification:
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Take Action
Your Voice Matters
Public submissions are being accepted until 31 October 2025
Download the consultation document from the NITA website. Submit your response as an email attachment in Microsoft Word format to comments@nita.gov.gh. Include a completed response cover sheet (available on Page 4 of the consultation document). All responses will be treated as non-confidential.