Registration

In accordance with Sections 46-47 of the Data Protection Act, 2012 (Act 843), the Data Protection Commission (DPC) is mandated to maintain a Data Protection Register. This register records entities in good standing and ensures compliance with data protection regulations.

All entities involved in processing personal data are required to register with the Data Protection Commission. The registration application must be submitted in writing in compliance with the Data Protection Act, 2012 (Act 843), Section 27(1).

The following categories of entities must complete the registration process:

• Data Controllers – Organizations or individuals that collect, store, or manage personal data.
• Data Processors – Entities that process personal data on behalf of a data controller.
• Foreign Companies – International businesses processing personal data within Ghana.
• Businesses & Organizations – Entities that use personal data to provide services.
• Public & Private Institutions – Entities handling personal data in any capacity.

Any individual or institution intending to collect, store, or process personal data must register with the Data Protection Commission to operate lawfully and ensure compliance with data protection regulations.

Entities seeking registration must provide:

a) Business Details: The business name and address of the applicant.

b) External Companies: The name and address of the company’s representatives if it is an external entity.

c) Personal Data Description: A detailed description of the personal data to be processed and the categories of individuals whose data will be collected.

d) Sensitive Data Handling: Indication of whether the applicant processes or intends to process special categories of personal data.

e) Purpose of Data Processing: A clear explanation of why the personal data is being collected and processed.

f) Data Recipients: Identification of any recipients to whom the personal data will be disclosed.

g) International Data Transfers: The name or description of any country to which the applicant intends to transfer personal data.

h) Data Subjects: The class of individuals or, where applicable, the specific names of those whose personal data will be held by the applicant.

i) Data Security Measures: A general description of the measures implemented to secure and protect the data.

To be officially recognized as a data protection-registered entity, an organization must:

• Successfully complete the registration process.
• Provide all required information.
• Pay the applicable fees based on its sector classification.

Entities that complete the process will be listed in the Data Protection Register and must adhere to compliance requirements set by the Commission.

The DPC registration portal allows you to renew your registration from three (3) months, six (6) weeks before it expires and 7 days after expiration.  This should allow you time to prepare your Compliance Report, which is a requirement for renewal. Please contact the Data Protection Commission for the compliance report template

• Compliance Report (to be uploaded)
• Any update or change to existing information e.g. Annual return or number of data subjects
• Any additional contact (e.g. new Data Protection Supervisor or Ultimate Decision Maker)

The renewal process ensures that:

• The Data Protection Register remains up to date.
• The Commission effectively monitors compliance with data protection regulations.

To maintain an active registration, entities must:

a) Submit a renewal application 3 months before the expiration of their current registration.

b) Update any changes to previously submitted information.

c) Pay the applicable renewal fees.

Failure to renew registration may result in non-compliance penalties and removal from the Data Protection Register.

These guidelines help organisations understand and implement necessary measures to comply with Ghana’s data protection regulations. They typically include:

• Registration with the Commission – Required for all data controllers before processing personal data.

• Adherence to Data Protection Principles – Such as lawfulness, transparency, data minimisation, purpose limitation, and accountability.

• Appointment of a Data Protection Supervisor – To oversee compliance internally.

• Development of Internal Policies – Including privacy notices, consent forms, and data protection impact assessments.

• Security Safeguards – To ensure the integrity and confidentiality of personal data.

• Breach Notification Procedures – Prompt reporting of data breaches to the Commission.

• Training & Awareness – For staff and stakeholders on data protection requirements.

Under Section 53 of the Data Protection Act, 2012 (Act 843), a data controller who has not registered with the Commission is prohibited from processing personal data.

Registration is essential to:

• Ensure that entities process personal data lawfully.
• Promote compliance with data protection regulations.
• Enhance transparency and accountability in data processing activities.

By registering as an institution, you are fulfilling your statutory duty thereby being compliant by the law hence avoiding any forms of punishments in the form of fines, or penalties or even a term of imprisonment.

Registering with the Commission builds trust between Controllers and their subjects. This is because section 17 mandates controllers to take into account the privacy of the data subjects by applying the data protection principles hence data subjects can trust controllers with their details.

Registering with the Commission means being compliant and abreast with the Data Protection ACT, hence legally recognized. Additionally, controllers are updated on regulatory requirements, making sure their processing does not infringe on the rights of their subjects.

Registering with the commission, organizations are able to protect personal data and are able to handle sensitive information properly since these organizations are entitled to guidance from the commission.

Registering with the commission is a way of facilitating data subject’s rights. Section 35, of the ACT 843 emphasizes the data subject’s right. Hence, registering with the commission ensures that an individual’s right to privacy is respected.

According to Section 56 of the Data Protection Act, 2012 (Act 843), any person or entity that processes personal data without registering as a data controller commits an offence.

A data controller who fails to register may face:

• A fine of up to 250 penalty units upon summary conviction.
• A prison sentence of up to two (2) years.
• Both a fine and imprisonment, depending on the severity of the violation.

Section 53 states that a data controller who has not been registered under the Act shall not process personal data; hence, organizations cannot process personal data to facilitate their day-to-day activities, reducing the output of their work.

Being unregistered and found in violation of the Act can result in public scrutiny, loss of trust, and reputational damage. Organizations may lose customers and business partnerships due to non-compliance.

The Data Protection Commission can legally issue a stop order, preventing an organization or individual from handling any personal data when the organization is not registered with the commission.