Ghana Data Protection Law: Processing by Local Establishment

The factor of Processing by Local Establishment is used in determining the law's applicability by ensuring that entities established in Ghana are subject to the local data protection laws governing their data processing activities.

Text of Relevant Provisions

DPA 2012 Art.45(3c):

"(3) For the purposes of this Act the following are to be treated as established in this country: (c) a partnership, persons registered under the Registration of Business Names Act, 1962 (Act 151) and the Trustees (Incorporation) Act, 1962 (Act 106);"

Analysis of Provisions

The Data Protection Act, 2012 (DPA 2012) of Ghana specifies that certain entities are to be treated as established in the country for the purposes of the Act. This provision extends the law's applicability to various forms of business entities and partnerships registered under specific Ghanaian laws.

The key elements of this provision are:

1. Partnerships: The law applies to partnerships established in Ghana.
2. Registered businesses: Entities registered under the Registration of Business Names Act, 1962 (Act 151) are considered established in Ghana.
3. Trustees: Organizations incorporated under the Trustees (Incorporation) Act, 1962 (Act 106) are also treated as established in the country.

This provision ensures that a wide range of business entities, including partnerships and trusts, are subject to Ghana's data protection laws. By referencing specific registration acts, the law creates a clear link between formal business registration and data protection obligations.

Implications

This provision has several important implications for businesses operating in Ghana:

1. Partnerships: All partnerships operating in Ghana, regardless of their size or structure, must comply with the DPA 2012 when processing personal data.
2. Registered businesses: Companies and sole proprietorships that have registered their business names under Act 151 are subject to the data protection law, ensuring that even small businesses are covered.
3. Trusts and foundations: Organizations incorporated as trustees under Act 106, which may include charitable foundations or other non-profit entities, are also bound by the data protection requirements.
4. Compliance requirements: These entities must ensure that their data processing activities comply with all aspects of the DPA 2012, including data collection, storage, use, and transfer practices.
5. Registration obligations: Entities falling under this provision may need to register with the Data Protection Commission or fulfill other administrative requirements specified in the Act.
6. Scope of application: The provision helps to clarify which entities are considered "local" for the purposes of data protection, potentially affecting how cross-border data transfers are handled.
7. Legal structure considerations: Organizations operating in Ghana may need to consider their legal structure and registration status in light of these data protection obligations.