KEY PLAYERS
Suppliers
Distributors
End users
Developers
In Ghana, the Electronics Communication Act 775 and the Electronics Transactions Act usually govern internet and ICT and Telecommunications. However with issues concerning purchase of software products and any other ICT, internet and Telecommunications Act products, we have the Sale of Goods Act governing it.
Sale of Goods Act, 1962 (Act 137) general regulates buying and selling of products. Section 55 provides for damages for breach of Condition or Warranty. Thus where software is defective and is in fundamental breach of an obligation or of a condition or warranty, the purchaser, who usually happens to be the End user may sue for breach of contract.
Section 1 of the Sale of Goods Act, 1962 (Act 137) provides for a Contract of Sale. A Contract of Sale of Goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price, consisting wholly or partly of money.
Section 8 of Act 137 provides the fundamental obligation of the seller to include delivery and delivery according to description. Thus if a seller which may or may not be the software developer provides a software that is defective then he or she is in breach of Section 8 of Act 137
Another critical thing to look at with regards to ICT, internet and Telecommunication law in Ghana might have to do with Copyright. Section 1(h) of our Copyright Act protects Computer software and programmes as a work eligible for copyright once it is created by or Citizen or created by a person ordinarily resident in the republic.
Section 9(9) of the Copyright Act provides for an assignment, a licence or a testamentary disposition to be made or granted in respect of an existing work or future work.
A software developer who has the copyright to his software infringed upon would
A person whose copyright is infringed may:
Petition the Minister or Copyright Administrator for the settlement of such dispute by Arbitration.
Institute criminal proceedings against offender who may on conviction be liable to pay a fine not more than one thousand penalty units and not less than five hundred penalty units or a term of imprisonment of not more than three years or both; and in the case of continuing offence to a further fine of not less than twenty-five penalty units and not more than one hundred penalty units for each day during which the offence continues.
Institute proceedings in the high court for an injunction to stop the continuing of infringement. Civil proceedings can also be instituted where there is imminent danger that the work would be infringed to prevent the infringement. Both civil and criminal proceedings can be instituted simultaneously
VEHICLE
Software license
End user Agreement
Terms of Use
Service Level Agreement
Data protection
TELECOMMUNICATION LAW
As at 2010, there were about two fixed line, six mobile companies, 13 satellite providers that had the requisite authority to operate in . Ghana.
Taxes of about 38 per cent imposed on mobile phones has increased the prices of mobile phones.
Value Added Services
Value Added Service (VAS) providers are service providers who offer services which combine applications provided to users with telecommunications, but does not include public electronic communications service. It should be noted that Mobile Network Operators (MNOs), per their licences, also provided these VAS.
Value added services include but not limited to the following; videotext; teletext; tele-action; telecom; tele-alarm; data storage retransmission; teleprocessing and data processing; electronic mail service; voice messaging; text messaging; and any other service classified as value added communications services by the Authority.
A license shall not be required for the establishment or operation of value added services but a provider and an operator of an electronic communications service or network who intends to provide value added services using radio frequency shall apply to the Authority for the right to use the radio frequency for that purpose. Regardless of the fact that a licence is not required for the provision of value added service over the public communications system, a person who intends to provide value added service to the public shall before the commencement of the service apply for registration.
DATA PROTECTION COMMISSION
A Person who processes personal information (processor) and Data Controller must provide the Data Protection Commission with information about (a) who they are; (b) the type(s) of personal data it holds (c) the nature of processing of personal information and how they ensure the protection of such personal information collected or processed (d) their contact person for data protection issues.
Information Technology Companies must therefore register with the Data Protection commission as failure to do so under Section 56 of Act 843 constitutes an offence and makes the person liable on summary conviction to a fine of not more than two hundred and fifty penalty units or a term of imprisonment of not more than two years or to both.
