Directive To All Capital Market Operators On Compliance With The Requirements Of The Data Protection Act, 2012 (Act 843)

Ensuring Investor Protection
SECURITIES AND EXCHANGE COMMISSION
1.0 PREAMBLE
The Securities and Exchange Commission (hereinafter referred to as “SEC”) is the statutory body mandated by the Securities Industry Act, 2016 (Act 929) as amended by the Securities Industry (Amendment) Act, 2021 (Act 1062), (hereinafter referred to as “the Act”) to promote the orderly growth and development of an efficient, fair, and transparent securities market in which investors and the integrity of the market are protected. The SEC is further mandated to maintain surveillance over activities in securities to ensure orderly, fair, and equitable dealings in securities and to protect the integrity of the market in accordance with sections 2 and 3 of the Act.
2.0 THE DIRECTIVE
Pursuant to section 209 of the Act; Part Three 12 (8), 12(13), 12(14), Part Six 27 (4), (5) and (6), and 28 of the Securities Industry (Conduct Of Business) Guidelines 2020; and the Data Protection Act, 2012 (Act 843), The SEC hereby directs that proof of registration/renewal of registration with the Data Protection Commission will form part of the eligibility criteria for licensing/registration of all market operators. All Capital Market Operators are hereby directed to register with the Data Protection Commission per the requirements of sections 27(1) and 46(3) of the Data Protection Act, 2012 (Act 843) and comply with the requirements of the same. DIRECTIVE TO ALL CAPITAL MARKET OPERATORS ON COMPLIANCE WITH THE REQUIREMENTS OF THE DATA PROTECTION ACT, 2012 (ACT 843) (DIRECTIVE NUMBER: SEC/DIR/001/06/2026)

3.0 PURPOSE OF THIS DIRECTIVE
This Directive shall ensure the safeguarding of personal data and privacy rights of individuals in the market in accordance with the Data Protection Act, 2012 (Act 843)
4.0 REVOCATION, VARIATION AND REVISION
The SEC may revise, amend, vary or revoke this Directive.
5.0 INTERPRETATION
Where any doubt arises about the meaning of any provision contained in this Directive, the same shall be referred to the SEC, and the interpretation provided by the SEC shall be final.
6.0 SANCTIONS FOR NON-COMPLIANCE
Where there is a breach of any provision in this Directive, the SEC may take any action(s) specified under section 209(4) of the Act or any other provision applicable under the Act.
7.0 COMMENCEMENT OF THIS DIRECTIVE
This Directive shall take effect on 11th July 2026 and shall remain in force until otherwise revised, varied, amended, or revoked.
8.0 TRANSITIONAL PROVISION
All licensed market operators shall take steps to comply with this directive no later than 10th July 2026.
9.0 ENQUIRIES
All questions or clarifications required under this Directive shall be referred to the SEC through info@sec.gov.gh or through 0302768970-2 or its toll-free number 0800100065. ISSUED BY ORDER OF THE SECURITIES & EXCHANGE COMMISSION DATED: 10TH JUNE 2026