Mandatory Local Subsidiaries Restrict Market Access

The provision allows the Authority to require foreign entities to establish registered Ghanaian subsidiaries or approved local representatives as a condition for cross-border data transfers (subsection 3(b)). This requirement functions as a market access barrier rather than a data protection safeguard, imposing substantial operational costs (entity registration, local staffing, regulatory compliance) that may deter foreign investment and international business participation. Combined with onboarding fees and dual enforcement mechanisms (criminal penalties up to 50,000 penalty units plus administrative penalties), the provision creates a restrictive business environment that favors domestic entities and imposes disproportionate barriers on foreign businesses seeking to access Ghana's data exchange platform.