Abstract
The rise of Artificial Intelligence (AI) has transformed the landscape of digital transactions,
challenging existing legal frameworks that were designed for an earlier era of electronic
commerce. Ghana’s Electronic Transactions Act, 2008 (Act 772), while pioneering at the time
of its enactment, now exhibits significant regulatory deficiencies in addressing the complexities
of AI integration in digital markets. This article critically examines the legal gaps in Act 772
in relation to algorithmic agency, liability attribution, transparency, data protection, and
consumer rights. Using a doctrinal and comparative methodology, it analyses global
developments including the European Union’s Artificial Intelligence Act, the United
Kingdom’s pro-innovation approach, and African policy responses to identify models that
could inform Ghana’s legislative reform. The article argues that Act 772 must be reimagined
through a risk-based and rights-oriented lens to remain relevant in the age of intelligent
systems. It proposes a suite of legislative recommendations, including the introduction of AIspecific definitions, enhanced transparency obligations, ethical AI principles, liability
frameworks, and institutional coordination mechanisms. The goal is to craft a forward-looking
legal infrastructure that safeguards fundamental rights, promotes responsible innovation, and
ensures public trust in AI-enabled electronic transactions. In doing so, the article contributes
to the broader discourse on AI governance in Africa and offers a roadmap for aligning Ghana’s
digital laws with emerging technological realities.