Strategic Implications of Data Protection Bill, 2025

By Dennis AKWABOAH

The Data Protection Bill, 2025 (the ‘Bill’) represents a transformative step in Ghana’s data governance landscape. Replacing the 2012 Act, it introduces stricter privacy protections, broader extraterritorial reach, and enhanced accountability obligations for organizations that process personal data. Key highlights include mandatory registration with the Data Protection Authority, the appointment of a certified Data Protection Officer, robust security safeguards, and comprehensive rights for data subjects.

Non-compliance carries severe administrative penalties and potential imprisonment, elevating data protection to a central enterprise risk management concern. This article provides a detailed overview of the Bill’s scope, principles, operational obligations, and enforcement mechanisms while offering strategic recommendations for organizations to achieve timely and sustainable compliance.

The new data protection landscape

The Data Protection Bill, 2025 introduces a more stringent and comprehensive regulatory framework for data protection in Ghana, seeking to repeal and replace the Data Protection Act, 2012 (Act 843). This legislative development marks a major shift toward stronger privacy rights for individuals and greater accountability for organizations that process personal data.

The Bill’s enactment signifies not just a legal reform but a transformation of how both private and public sector organizations must handle information. It aims to create a modernized data governance environment that balances innovation with protection, ensuring that individuals’ data is not only respected but actively safeguarded.

Central to this new framework is the establishment of the Data Protection Authority, an independent body empowered to oversee, regulate, and enforce compliance with the new regime. Section 4 of the Bill outlines the Authority’s objectives, which include protecting individual privacy by regulating the processing of personal information, preventing data exploitation, managing the personal data economy to enhance trust in digital services, establishing clear standards for local and cross-border data processing, and clarifying the processes for obtaining, using, and disclosing personal data. Understanding which organizations fall within the Bill’s jurisdiction is the first step in preparing for compliance.

Scope and applicability – Determining organizational obligations

The Data Protection Bill, 2025 has a wide reach, with provisions that extend beyond national borders. Its extraterritorial application means that even businesses not physically established in Ghana could be subject to the law if they engage in data processing activities involving individuals located within the country.

Under Section 1, a data controller is bound by the Act if any of the following conditions apply: the controller is established in Ghana and processes data within or outside the country; the controller is not established in Ghana but offers goods or services to individuals in Ghana; the controller monitors or profiles individuals within the country; the controller uses equipment or data processors located in Ghana; or the data being processed originates partly or wholly from Ghana.

Section 1(3) further requires non-resident controllers who engage in significant or sensitive data processing to appoint a local representative in writing. This representative acts as the point of contact for both the Data Protection Authority and affected data subjects. However, Section 1(4) provides an exemption where the processing is unlikely to pose risks to data subjects’ rights and freedoms. Organizations should therefore conduct thorough risk assessments to determine whether this exemption applies to them. For those within scope, compliance begins with adherence to a set of core data protection principles that form the foundation of the new regime.

Core data protection principles – The foundation of compliance

Sections 37 to 44 of the Bill outline key principles that govern all data processing. These principles are not abstract guidelines but binding obligations that shape every operational and legal responsibility under the law. The Accountability Principle (Section 37) requires organizations to demonstrate compliance through detailed records, internal policies, and documented assessments. Lawfulness of Processing (Section 38) demands a valid legal basis for processing, whether through consent, contract performance, statutory duty, or other lawful grounds.

The Specification of Purpose (Section 39) principle insists that data be collected for clearly defined, legitimate purposes known to the data subject. Compatibility of Further Processing (Section 40) restricts the use of data for purposes incompatible with the original intent.

Under Quality of Information (Section 41), organizations must ensure personal data is accurate, complete, and up to date. The Openness Principle (Section 42) requires proactive disclosure of how data is collected, for what purpose, and with whom it is shared. The Data Security Safeguards (Section 43) provision mandates the implementation of reasonable technical and organizational measures to protect against loss or unauthorized access. Finally, Data Subject Participation (Section 44) guarantees the right of individuals to access, correct, or erase their data within thirty-one working days.

These principles collectively underpin every operational mandate in the Bill, from registration and breach reporting to impact assessments and transparency obligations.

Key compliance obligations for data controllers and processors

The Bill imposes a number of operational duties on data controllers and processors, requiring organizations to align internal systems and governance processes with statutory standards. Mandatory registration requires all data controllers to register with the Data Protection Authority, disclosing business details, data types processed, purposes of processing, security measures, and any cross-border transfers. Registration must be renewed every twelve months. A failure to renew for more than three months attracts an administrative penalty of five thousand penalty units with a five percent monthly interest.

The appointment of a certified Data Protection Officer (DPO) is mandatory. The DPO must monitor compliance, advise management, and liaise with the Authority. Failure to appoint one may result in penalties between two thousand and fifty thousand penalty units. This reform aligns with international standards, elevating the DPO role from a best practice to a legal requirement.

Organizations must also implement security safeguards, regularly test technical and organizational measures, and notify the Authority and affected individuals of data breaches within seventy-two hours. Data Protection Impact Assessments (DPIAs) are required for high-risk processing, detailing processing purposes, legal basis, risks, and mitigation measures. Cross-border data transfers require explicit consent from data subjects and, for large-scale transfers, authorization from the Authority. Certain sensitive data types, such as health or biometric information, may require additional safeguards.

Finally, the processing of special personal data is prohibited unless specific conditions are met, typically requiring explicit consent. These obligations demand that organizations adopt a proactive, privacy-by-design approach to compliance.

Upholding data subject rights – Operational imperatives

The Bill significantly enhances individual rights. These include the Right to Access, Information, and Correction, the Right to Give and Withdraw Consent, the Right to Data Portability, the Right to Object, the Right to Erasure or the ‘Right to be Forgotten’, and protections against automated decision-making. The enhanced erasure obligations extend to third-party processors, requiring robust data mapping and communication protocols to ensure full compliance. Organizations must establish clear workflows to meet the statutory thirty-one working day response period for data subject requests.

Enforcement and penalties – The cost of non-compliance

The Data Protection Authority is empowered to investigate, issue enforcement notices, and impose penalties. Administrative fines range from two thousand to one hundred thousand penalty units, depending on the violation. Failure to comply with enforcement notices can lead to imprisonment of up to one year. Section 95 provides for reviews of enforcement decisions and further appeal to the High Court. These penalties elevate data protection from a compliance checklist to a critical element of enterprise risk management, emphasizing the urgency of proactive action.

Strategic recommendations and next steps

Organizations must act decisively to manage compliance risks. Conduct a comprehensive gap analysis to assess current data processing practices. Develop a compliance roadmap, prioritizing high-risk obligations such as breach notifications and DPO appointment. Appoint a qualified Data Protection Officer and ensure they have independent authority and resources.

Update all documentation, including privacy notices, consent forms, and data processing agreements, to meet the Bill’s enhanced transparency and accountability requirements. Finally, establish clear procedures to operationalize data subject rights. Sustainable compliance requires a culture of privacy and accountability embedded across the organization. Treating personal data with respect and safeguarding it rigorously will not only ensure compliance but also foster trust and enhance the organization’s reputation in the digital economy.

Conclusion

The Data Protection Bill, 2025 is more than a regulatory update; it is a strategic imperative for organizations operating in Ghana and those engaging with Ghanaian data subjects globally. Compliance requires a proactive, organization-wide approach that integrates privacy into every process, from data collection and processing to security, impact assessments, and the facilitation of data subject rights.

By embedding a culture of accountability and transparency, organizations can not only meet statutory obligations but also foster trust, safeguard their reputation, and unlock the full potential of the digital economy. Immediate and thoughtful action today will ensure that businesses are well-positioned to navigate this new era of data protection while turning compliance into a competitive advantage.

>>>The writer is an Associate at Sustineri Attorneys PRUC, advising clients across corporate and commercial practice, intellectual property, transactions, tax, startups, trade, regulatory compliance, and entertainment and media law. He provides tailored legal solutions to clients in diverse industries, with a focus on aligning legal strategy to business outcomes and innovation. He welcomes views on this article via [email protected]

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