GHANA Law and Practice Contributed by: David Yaw Danquah, Legalstone Solicitors PRUC
The actions of an affiliate can be attributed to a licence operator, and as such, a licence operator could bear the consequences thereof. 6.4 White Labels There is no specific requirement under the gaming laws for the licensing of white-label providers within the jurisdiction of Ghana. However, a person seeking a licence to provide games-of-chance services is not estopped by utilising the services of a white-label platform within the juris- diction. The relationship between a licensee, on the one hand, and a white label, on the other hand, could be privately arranged. Subsequently, the arrange- ment can become a basis for registering a Technology Transfer Agreement (TTA) with the GIPC. 6.5 Technical Measures Currently, there are no technical measures to protect customers from unlicensed operators. On becoming aware of such happenings, licensed local operators usually notify the Gaming Commission to take the appropriate steps to direct that an unlicensed opera- tor does not operate within the jurisdiction of Ghana. The Gaming Commission, in the exercise of its regu- latory role, may consider several means, including the use of IP (internet protocol) blocking and cease- and-desist notice of such unscrupulous entities. They may also notify the National Communication Authority (NCA) to take the measures appropriate to block unli- censed operators from operating in Ghana. 7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements One of the fundamental safeguards for responsible gaming is the introduction of the KYC policy by the Gaming Commission, which demands that licence operators configure their platform to incorporate the standard KYC tool. Therefore, customers seeking to establish a betting account must provide their nation- al ID and basic information, including birth date and mobile network number.
The ID must capture the name and date of birth of the consumer. Implementing the KYC policy has sig- nificantly disallowed minors from betting and conse- quently promote responsible gaming in Ghana. Additionally, the advertising guidelines prohibit opera- tors from using celebrities to promote their gambling business in Ghana. It also mandates companies to inscribe warnings such as “gamble responsibly”, “only 18 years+”, “gambling is addictive”, and other warn- ings that may, from time to time, be prescribed by the Gaming Commission of Ghana. 7.2 Gambling Management Tools Licensees are mandated to showcase the adverse effects of gaming on their betting sites and all adver- tising materials within the jurisdiction of Ghana. Com- panies must also inscribe warnings such as “gamble responsibly”, “only 18 years+”, “gambling is addic- tive”, and other warnings that may, from time to time, be prescribed by the Gaming Commission of Ghana. Licensees are mandated to adhere to directives on self-ban issued by the Gaming Commission of Ghana, imploring companies to prevent such individuals from operating within a specified time frame. 8. Anti-Money Laundering (AML) 8.1 AML Legislation The substantive law on AML in Ghana is the Anti-Mon- ey Laundering Act 2020 (Act 1044), supplemented by the Anti-Money Laundering Regulations 2011 (LI 1987). The AML Act sets out the finer details on money laun- dering in Ghana and provides for the establishment of a Financial Intelligence Centre (FIC). Licensees are considered accountable institutions under the AML Act. They are subject to the regulatory requirement of the Bank of Ghana on money launder - ing and the FIC. Every licensee is mandated to comply with the specific demands of the AML Act in Ghana.
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