Law / Ghana

Electronic Transactions Act, Cyber Offences

Electronic Transactions Act, 2008 (Act 772), ss. 124, 130-134 (Cyber Offences)

In force since .

A computer misuse rule binding public and private bodies.

How the hook was established
express
What makes it apply
Operator establishment
Obligation class
Access restriction, Security
Audit expectation
none

What it requires

  • Do not access or intercept an electronic record without authority or permission, whether or not the record sits behind a login.NIST AI RMFMAP 4.1
  • Do not cause a computer to perform any function to secure access to a programme or electronic record without authority.NIST AI RMFMAP 4.1
  • Do not access, or exceed authorised access to, a computer holding financial, government, or national-security information; this carries the Act's highest penalty tier.NIST AI RMFMAP 4.1
  • Do not disclose a password or access code, or modify a programme or electronic record, without authority.no control in the NIST AI RMF

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
NIST AI 600-1
OWASP LLM Top 10
OWASP Agentic Top 10
  • ASI03Identity and Privilege Abuse
MIT mitigations Draft
  • 2.1Model & Infrastructure Security
  • 3.2Data Governance
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.

Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

The base unauthorised-access offences (ss. 124, 130) each carry a fine of not more than two thousand five hundred penalty units or imprisonment of not more than five years, or both. Unauthorised disclosure of an access code (s. 132) and the aggravated offence of accessing a protected computer (s. 133) each carry a fine of not more than ten thousand penalty units or imprisonment of not more than twenty years, or both, which is the Act's highest tier for any offence in this Part.

Penalty structure

Sections 132 (unauthorised disclosure of an access code) and 133 (accessing a protected computer without authorisation) each carry the highest fixed fine in this Part, ten thousand penalty units, alongside imprisonment of not more than twenty years. The base offences of unauthorised access or interception (s. 124) and unauthorised access to a computer programme or electronic record (s. 130) carry two thousand five hundred penalty units and imprisonment of not more than five years. One penalty unit equals twelve Ghana cedis under the Fines (Penalty Units) Act, 2000 (Act 572), as recorded by the Ghana Revenue Authority, making the ten-thousand-unit ceiling one hundred twenty thousand Ghana cedis.

Rule
Fixed only
As of
Currency
GHS
Fixed cap
10,000

Who enforces it

Enforcement body

Ghana Police Service, prosecuted before the ordinary criminal courts

Settledness

As of
Open questions
Does a person who retrieves a web page that its operator serves to every visitor "have consent to access the kind of programme or data" within the Act's definition of "unauthorised access", where the operator's terms of use forbid automated collection?

What it makes you log

Logging duty

Sections 124 and 130 to 134 punish unauthorised access to or interception of an electronic record, access to a programme, unauthorised modification, disclosure of an access code, and access touching national interest or security, with the penalties each states. None requires a log or record to be made, kept, produced or reviewed. Section 141, which makes the searcher list what was seized, is a duty on the investigating officer and is outside the offence sections this row cites. Section 142 states the territorial scope of offences under the Act: it applies where the accused was in the country at the material time, and also where the computer or record was located in the country; only the accused-presence limb maps to a hook value.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 124 punishes a person who intentionally accesses or intercepts an electronic record without authority or permission. Section 130 punishes a person who knowingly and without authority causes a computer to perform any function to secure access to a programme or electronic record held in that computer or any other computer, and section 131 punishes an unauthorized modification of a programme or electronic record.

Section 133 creates an aggravated offence, whoever knowingly accesses a computer without authorisation or exceeds authorised access to a protected computer, one holding information from a financial institution, a government department, a national-security matter, or otherwise designated protected, and carries the Act's highest tier. Section 134 punishes intentionally causing a computer to cease to function, including by virus or worm.

None of these provisions exempts a publicly accessible, unauthenticated page from the definition of unauthorized access, which the Act defines as access a person is neither personally entitled to nor has been given consent to obtain.

When LexLint raises it

When your app profile says your app crawls the web or trains models.

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