The NITA Bills and Ghana’s Digital Future: Responding to Stakeholder Concerns

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NITA Ghana
@NITAGhanaMay 27, 2026

The Spaces convened government, NITA leadership, board members, and industry stakeholders to discuss the proposed 2025 update to Ghana’s Electronic Transactions framework and concurrent reforms to NITA’s mandate. Acting DG Dr. Mark Oliver Kevo outlined the need to fully activate NITA’s regulatory functions—standards, certification, technical clearance, interoperability, security, and inclusion—especially for government ICT investments and under a data localization policy. The Board Chair emphasized transparency and an “enabling” approach, noting the Bill remains iterative. The Hon. Minister detailed a flipped, consultative lawmaking process: a public zero draft, four stakeholder engagements, hundreds of memos, and ongoing iterations heading to Cabinet, Attorney-General, and Parliament. He clarified licensing/certification applies only to providers serving government MDAs/MMDAs or designated Critical Information Infrastructure (CII), with fees scaled by category and aligned to project economics; the previously mooted 1% gross revenue levy has been dropped. A structural fix is planned: separating NITA’s regulator role from operations via a new state-owned infraco to run government ICT infrastructure. Related reforms will be handled via complementary laws: Data Protection Act review for cross-border data, an Emerging Technologies Bill (AI, blockchain, quantum, IoT), and an Innovation & Startup Bill defining startups, sandboxes, and incentives, culminating in a future Digital Economy “umbrella” act. Q&A focused on fees, M&A approvals affecting CII, BoG/CII vendor certification, and ongoing access to draft iterations.

Stakeholder engagement on Ghana’s proposed Electronic Transactions Bill (2025) and NITA’s regulatory program

Who was in the room (key participants and roles)

  • Moderator: Name not clearly stated in the recording (Ministry representative)
  • Dr. Mark Oliver Kevor — Acting Director-General, National Information Technology Agency (NITA)
  • Estelle Akofio-Sowah — Board Chair, NITA; also Managing Director (Ghana) at CSquared (referenced as “Estel/SL” in discussion)
  • Alexander Yaw (surname unclear) — Chief Director, Ministry of Communications, Digital Technology and Innovation (as introduced)
  • Misha Addy — Jetstream (questioner)
  • “Kofi” — participant (questioner)
  • Sambortese — provider of core banking software to microfinance institutions (questioner)
  • Solomon (surname unclear) — President, Association of Ghana Startups (questioner)
  • Hubert — online participant (X/Twitter) (questioner)
  • Various board members and industry stakeholders (names partially garbled in audio transcription)

Purpose, format, and ground rules

  • Purpose: A detailed, constructive stakeholder engagement on the proposed Electronic Transactions Bill (ETB) 2025 and related regulatory actions—clarifying intent, scope, and implications; taking live questions.
  • Format: Hybrid (in-room and streamed on X/Twitter and Facebook Live), with questions taken from both audiences. The moderator requested no repetition of already-answered questions.

Context and rationale (Dr. Mark Oliver Kevor, Acting DG, NITA)

  • Legal basis and mandate:
    • NITA was established under Act 771 (2008) with responsibilities including ICT regulation and coordination of digital transformation in the public sector.
    • Related framework includes the Electronic Transactions Act (ETA) Act 772 (2008), which also envisaged regulated trust and critical systems.
  • Why strengthen regulation now:
    • Historically, NITA has been viewed primarily as a service provider to government (MDAs/MMDAs) for connectivity and applications.
    • Weak regulatory enforcement led to siloed, non-interoperable systems, duplication, and suboptimal outcomes for e‑government investments across MDAs/MMDAs.
    • Capacity and competency gaps in implementing agencies contributed to fragmented systems and some failed projects.
  • What’s being done:
    • Technical clearance regime: For the past year, all ICT investments by MDAs/MMDAs require NITA technical clearance to ensure
      • Avoidance of duplication and reinvention
      • Interoperability and data integration with existing platforms
      • Security and inclusivity by design
    • Data localization: Ministry is driving a policy to retain domestically generated data within Ghana; NITA’s regulatory capacity is being enhanced to support this.
    • Registration and oversight: NITA is registering service providers to government and the professionals working on government systems; NITA aims to be embedded across the full system development lifecycle (from conceptualization through testing) to assure quality and security.
    • Ethics and enforcement: Competency verification and ethical conduct are emphasized; recognition can be withdrawn for unethical conduct. (Details to be elaborated in Q&A.)

Board Chair’s perspective (Estelle Akofio-Sowah)

  • Transparency and process: Commended the Ministry for sharing a zero draft publicly—described as novel in Ghana’s legislative practice. Emphasized that the Bill is not final and will undergo several iterations before Cabinet and Parliament.
  • Alignment: The NITA Board and management spent significant time aligning with the Minister’s policy direction; there’s a strong focus on ensuring public-sector ICT initiatives and procurement are effective.
  • Enabling vs. regulating: Board favors viewing regulation as an enabler of the sector, especially around public sector and critical infrastructure, aiming to position Ghana as a regional leader.
  • Commitment: Board, management, and Ministry are working closely to ensure the final Bill serves the national interest.

Minister’s policy brief: Legislative overhaul, regulatory scope, fees, and structural reforms

  • Process transparency and status:

    • The Ministry is leading an unprecedented overhaul of about 15 ICT-related laws with four law firms; a senior director (Barbara) is leading the legislative review internally.
    • They “flipped the script” by publishing zero drafts for early input, instead of the usual model where industry sees draft bills only at the Parliamentary committee stage.
    • At least four stakeholder engagements have been held; hundreds of memos received. The NITA/ETA reforms are around version 4–5 (post-input). Ten Cabinet memos (covering 10 of the 15 pieces of legislation) are being prepared; the subject Bill is among them but has not yet gone to Cabinet or Parliament.
    • Clarification: Nothing new is being “implemented” from the draft bill; ongoing implementations derive from existing Acts (Act 771 and Act 772). Those Acts were visionary in 2008 but elements were not fully implemented until now.

  • Current regulatory implementation under existing law:

    • NITA’s Regulatory Services portal (demonstrated during the session) clarifies scope and fees. Key point: Certification/licensing presently targets those providing IT services and equipment to government (MDAs/MMDAs), not the entire private sector.
    • Individuals (for work on government systems): Indicative application and annual renewal fees cited include
      • IT graduate: ~GHS 150 (application) / GHS 150 (renewal)
      • IT practitioner/professional/technician: ~GHS 300 (application) / GHS 150 (renewal)
    • Companies (serving government), examples discussed:
      • Business/productivity software and licensing: GHS 12,000 (registration), GHS 6,000 (annual renewal)
      • Computer/peripheral equipment suppliers: GHS 1,000 (registration), GHS 600 (renewal)
      • Critical databases/platforms: ~GHS 25,000 (registration), ~GHS 15,000 (renewal)
      • Cybersecurity service providers: ~GHS 30,000 (registration), ~GHS 20,000 (renewal)
    • Rationale: Fees are proportionate given typical contract values with government (ranging from tens of thousands to millions of USD). The Minister challenged narratives alleging exorbitant charges for individual practitioners not serving government.

  • Licensing scope in the evolving Bill (post-consultation policy direction):

    • The initial zero draft contemplated licensing “all ICT professionals.” Based on stakeholder input, the policy direction now is:
      • If you offer services to government, you must be certified/licensed by NITA.
      • If you offer services to a designated Critical Information Infrastructure (CII), even as a private entity, you must be certified/licensed by NITA because you form part of the CII backbone.
    • CII designation is not at the minister’s whim; it follows statutory processes under the Cybersecurity Act 2020 (Act 1038), the Electronic Transactions Act, and the Electronic Communications Act. Relevant authorities (e.g., Cyber Security Authority, NCA) recommend designations per the law.

  • Structural reform: Separating regulation from operations (InfraCo plan)

    • Identified “abnormality”: NITA has simultaneously operated government infrastructure (e.g., 380km Eastern Corridor fiber, LTE base stations, National Data Center) and acted as regulator.
    • Plan: Make NITA a pure regulator and establish a government-owned, limited liability Infrastructure Company (InfraCo) to own and operate government ICT infrastructure. InfraCo will be owned by Government (via the Ministry), not by NITA, and will be regulated like any private operator.
    • Analogies: NCA regulates telecoms but doesn’t operate a telco; Postal and Courier Services Commission regulates Ghana Post and private couriers alike.

  • Ownership and local content provisions in early drafts:

    • Early zero drafts proposed stronger protections for Ghanaian businesses and localized ownership in certain areas.
    • After consultations, the approach is being balanced to protect local industry, encourage foreign investment, and ensure knowledge transfer—details to be evident in the post‑Cabinet draft.

  • Role clarity with sister regulators and other bills:

    • Data Protection and cross-border data flows: The Data Protection Commission (DPC) is reviewing its own legislation; NITA’s law will reference DPC/CSA positions rather than duplicate. NITA will focus on ICT equipment and definitions; NCA on transmission; CSA on cybersecurity oversight.
    • AI and emerging technologies: A separate, expansive Emerging Technologies Bill will cover AI, quantum computing, blockchain, IoT, machine learning, etc., with NITA as implementing agency.
    • Innovation and Startup Bill: Will define “startup,” regulatory sandboxes, benefits (including potential tax reliefs) and duration limits for startup status; intended to complement NITA’s framework.
    • Digital Economy “umbrella” Act (planned): After individual statutes are completed, an umbrella law will consolidate cross-cutting provisions for a one-stop legislative reference and reduce duplicative bureaucracy.

Interactive Q&A: Main themes and clarifications

  • 1% gross revenue levy (Misha Addy, Jetstream):

    • Ask: Could the proposed 1% on gross revenue be progressive, especially for women-led startups striving to break even?
    • Response: In the current drafting (post-consultation policy direction), the 1% gross levy does not exist. Licensing and renewal fees subsume what would have been raised by such a levy—no additional 1% charge, regardless of gender.

  • Status of drafts and publication (Kofi; Solomon, Association of Ghana Startups; Hubert on X):

    • Ask: What’s the current state; can newer iterations be published to avoid confusion?
    • Response: Zero drafts were published intentionally to solicit broad input and spur continental benchmarking. Post-consultation iterations are pre‑Cabinet documents and are exempt from publication (including per RTI exemptions). Publishing each iteration would stall progress. After Cabinet approval, the Bill will go to Parliament, where another public input window opens (committees may accept memos and/or hold hearings). Only a small number of sections (≈5–6 out of ~90) were contentious in the zero draft.

  • Scope of licensing vis‑à‑vis Bank of Ghana and financial software providers (Sambortese):

    • Ask: If BoG gives “no objection” for core banking software to MFIs, does the provider also need NITA certification?
    • Response: Yes, if the service is to a CII. BoG is designated CII. NITA will regulate ICT aspects within its remit (non‑cyber) while the CSA covers cybersecurity. A BoG no‑objection would be subject to NITA’s regulatory scope for CII services. Providers to CIIs must be certified by NITA.

  • Mergers & acquisitions (M&A) approvals (participant):

    • Ask: Does NITA approval for M&A apply broadly or only to government/CII‑related businesses?
    • Response: If purely private and unrelated to government/CIIs, only general Ghanaian corporate/M&A laws apply—no NITA approval. If the entity offers services to government or is part of a CII supply chain, NITA notification/approval is required for due diligence (e.g., national security, suitability), analogous to NCA oversight on frequency license transfers.

  • Complementarity with the Innovation & Startup Bill (Solomon, Association of Ghana Startups):

    • Ask: How will the NITA Bill complement the Startup Bill to help startups scale beyond borders? Can updated drafts be shared via a dedicated website, as done previously for the Startup Bill?
    • Response: NITA’s law will provide regulatory clarity and include innovation sandbox provisions. The Emerging Technologies Bill will be critical for startups working with AI/IoT, etc. The Startup Bill (now moving toward Cabinet submission) defines startup criteria and benefits. Updated NITA drafts will not be shared pre‑Cabinet for the reasons noted above, but Parliament’s process will reopen public input.

  • Moderator’s reiteration for online audiences:

    • Licensing/certification is limited to: (i) those providing services to government institutions, and (ii) those providing services to designated CIIs. The shared draft was a zero draft; subsequent iterations reflect stakeholder inputs.

  • Professionalization in the private sector (Minister’s broader point):

    • While NITA certification is mandatory for those serving government/CIIs, the Minister encouraged industry bodies (e.g., chambers or institutes of ICT professionals) to develop voluntary professional certifications to add market premium and structure, similar to established professions (engineers, architects, marketers, bankers).

Key takeaways, decisions, and next steps

  • Scope and intent

    • The reforms aim to activate NITA’s long‑standing regulatory mandate to reduce duplication, ensure interoperability, bolster security, and protect public investments in ICT.
    • Current certification/licensing under existing Acts targets suppliers and professionals serving government and CIIs—not the entire private sector.

  • Fees and burdens

    • Individual and company fees for government/CIIs are published on NITA’s portal; the Minister asserted they are proportionate to contract values and significantly lower than publicized rumor figures.
    • The previously floated 1% gross revenue levy is not included in the current drafting direction; licensing/renewal fees will be the primary mechanism.

  • Governance and structure

    • The Ministry is advancing ~15 ICT‑related bills (including updates to ETA/NITA, Emerging Technologies, Innovation & Startup, DPC/CSA reviews). Iterations are underway; 10 Cabinet memos are being prepared in the near term.
    • NITA will be refocused as a pure regulator. Government ICT infrastructure operations will be transferred to a new government‑owned InfraCo subject to standard regulatory KPIs, removing regulator‑operator conflicts.
    • After individual statutes are complete, a consolidated Digital Economy “umbrella” Act will streamline cross‑cutting provisions and reduce bureaucratic duplication.

  • Process and transparency

    • Zero drafts were published as a deliberate transparency measure; however, pre‑Cabinet drafts are exempt from publication. Public comment will be invited again at the Parliamentary stage.

  • Action points for stakeholders

    • Review NITA’s Regulatory Services portal for current scope and fee categories if you intend to supply to government or CIIs.
    • Prepare for certification if your company provides services to a designated CII (even if you are not contracting directly with government).
    • Industry bodies should consider developing voluntary professional certification frameworks to enhance standards and market recognition.
    • Track the Emerging Technologies Bill and the Innovation & Startup Bill for opportunities (e.g., sandboxes, benefits) relevant to startup and deep‑tech ventures.

Overall assessment

  • The engagement underscored a shift from ad‑hoc public‑sector ICT procurement toward a more structured, lifecycle‑managed, and interoperable regime with NITA as a proper regulator. The Ministry’s legislative program is broad and interlocking, with deliberate avoidance of overlapping mandates among NITA, DPC, CSA, and NCA.
  • The most immediate clarifications for industry: (1) certification/licensing currently applies to government/CIIs rather than all ICT professionals; (2) fee schedules are published and are argued to be proportionate; (3) the controversial 1% gross levy has been dropped in the current draft direction; (4) a structural separation (InfraCo) will resolve the regulator‑operator conflict; and (5) additional opportunities for participation will open at the Parliamentary review stage.