Introduction
In recent times some MoMo users have complained about losing money to MoMo scammers without sharing their personal information. As more Ghanaians use MoMo and digital services, it has become imperative to protect personal information and prevent fraud. In this article, we will show you the several laws that protect the personal information of MoMo users, what these laws mean, what your rights are, and what to do if something goes wrong.
These laws are:
- The Data Protection Act, 2012 (Act 843);
- Electronic Transactions Act, 2008 (Act 772);
- Cybersecurity Act, 2020 (Act 1038);
- Payment Systems and Services Act, 2019 (Act 987).
- The Data Protection Act, 2012
This law protects your personal data and privacy.
Telecom companies collect your personal data (e.g., name, ID, phone number) when you use their services. This law requires them to:
- ask for your consent before using your data;
- keep your data accurate, secure, and private;
- allow you to access, correct, or delete your personal data thereby empowering users by giving them greater control over their information.
If your data is misused or leaked, you have the right to compensation.
The law covers anyone who handles personal data in Ghana, even if their company is based outside the country. This means if you or your business collect or use people’s personal information in Ghana, or if the data comes from Ghana, the law applies to you even if your business is based outside the country.
- Electronic Transactions Act, 2008 (Act 772).
This law ensures safety in all electronic transactions, including mobile money. Telecom providers must:
- keep transactions private and secure;
- protect you from fraud and fake mobile money schemes.
It is a crime to:
- steal or pretend to be someone else to access mobile money;
- hack or break into someone’s mobile wallet;
- use fake identities to commit mobile money fraud.
If you are a victim of MoMo fraud, the Act authorises the Telecommunication company to disclose customer records or related information to law enforcement agencies, provided there is a court order. This means that if a person transfers funds from one mobile number to another with intent to commit a cybercrime, records such as the destination address or registration details tied to that number can be disclosed and used to trace the culprit once a court has permitted the same.
This law applies to anyone, no matter their nationality. If someone breaks the law outside Ghana, it will be treated as if the offence happened within Ghana.
- Cybersecurity Act, 2020 (Act 1038)
This law protects users from data breaches and MoMo scams, and it covers all cybersecurity-related activities that take place within Ghana.
This law ensures that telecoms and other service providers:
- put strong security in place to prevent hacking;
- report cyberattacks when they happen;
- cooperate with authorities to stop online crime.
- Payment Systems and Services Act, 2019 (Act 987)
This law is all about making sure digital finance works fairly. It gives strong protections to mobile money users, including:
- fair and respectful treatment, especially for vulnerable groups (e.g., women, the elderly, and persons with disabilities);
- protection of your privacy and mobile money data;
- a clear way to report problems and get them fixed.
What do you do if something goes wrong with your MoMo Wallet?
Your mobile money provider must:
- make it easy for you to lodge a complaint, whether in person, by phone, email, or online;
- acknowledge your complaint within 3 working days;
- resolve the complaint in 5 to 20 days;
- not charge you anything for making a complaint.
If you are not satisfied with their response, you can report the issue to the Bank of Ghana.
This applies to all mobile money service providers and their agents who offer such services.
What do you do if you are a victim of MoMo fraud?
Under the Act, electronic money issuers and payment service providers are mandated to establish accessible and effective complaint-handling procedures which must:
- offer clear and user-friendly information about the customer care system;
- be accessible during and outside of normal business hours, including on statutory holidays;
- allow customers to lodge complaints orally or in writing, through various channels, such as a customer care phone line, in-person visits, email, or post;
- ensure resolution of complaints within five (5) days, with a possible extension of fifteen (15) additional days for complex cases, provided the customer is informed of the delay;
- be offered at no cost to the customer.
Customers must submit complaints within thirty (30) days from the date of detecting the anomaly. Upon receiving a complaint, the payment service provider or electronic money issuer is required to:
- acknowledge receipt within three (3) working days;
- inform the complainant of the expected steps and timelines for investigation;
- assign a unique reference number to each complaint to facilitate tracking; and
- communicate the outcome of the investigation and the final decision to the complainant.
If the complainant is dissatisfied with the outcome, the complainant can lodge a complaint with the Bank of Ghana, which is obligated to resolve the complaint within three (3) days of receipt.
The complaint procedures outlined above, must be exhausted before seeking judicial redress as the law requires that where a statute prescribes a specific procedure for addressing a grievance, that procedure must be strictly followed.
The Challenges You May Face as a complainant
- Many telcos do not respond quickly or clearly to complaints.
- Some users do not know where to report problems.
- People in rural areas may not get enough help or support.
- Complaints submitted to the Bank of Ghana are not always addressed promptly.
How to Protect Yourself
- Never share your PIN or personal details.
- Report fraud as soon as you notice it.
- Keep evidence (screenshots, messages, receipts).
- Use official telco numbers and channels for complaints.
- Educate others, especially the elderly and those with less experience using electronic devices.
Conclusion and Recommendations
Ghana’s laws offer strong protection to mobile money and digital service users, but many people do not know their rights or how to use the complaint systems.
Your Role in Strengthening Digital Safety
- Telecom Companies must act swiftly and take stronger steps to protect personal data.
- Regulators must enforce the law by holding telecom providers accountable and imposing penalties when they fail.
- Consumers must know their rights, report issues, and demand better service and security.
About the Authors:
Emmanuel Sackitey Mate-Kole is a practising lawyer and heads the Real Estate and Infrastructure practice group of M&O Law Consult. He is also a licensed Insolvency Practitioner with the Ghana Association of Restructuring and Insolvency Advisors.
Maame Boahemaa Fokuo is a practicing lawyer and an associate with the Telecommunications practice group of M&O Law Consult.
