Terms of Reference (ToR) for the Recruitment of a consulting firm for content development and delivery of Data Governance Training in Ghana(Accra, December 2025)

1. Background

The Smart Africa Alliance is a bold and innovative commitment by African Heads of State and Government to accelerate sustainable socio-economic development across the continent. With 40 Member States as of June 2025, representing more than 1.1 billion people and over 50% of Africa’s GDP, Smart Africa’s vision is to transform Africa into a Single Digital Market by 2030.

Anchored in five guiding principles — (i) placing ICTs at the center of national development agendas, (ii) improving access to ICTs, especially broadband, (iii) enhancing transparency, efficiency, and accountability through ICT, (iv) prioritizing private sector participation, and (v) leveraging ICTs for sustainable development — Smart Africa drives flagship programs on broadband, digital identity, data governance, digital skills, cybersecurity, and AI.

The Data Governance in Africa Initiative, jointly supported by the African Union and the European Union under the “Team Europe” framework and implemented with GIZ, is a cornerstone of Smart Africa’s work. It seeks to operationalize the African Union Data Policy Framework (AUDPF) and the Smart Africa Pan-African Data Governance Blueprint, equipping African countries with the capacities to safeguard sovereignty, protect rights, and unlock the socio-economic value of data.

2. Context of the Assignment

Ghana has emerged as a regional leader in digital transformation. The Data Protection Act (2012, Act 843) established the Data Protection Commission (DPC) as the independent regulator to protect citizen privacy and regulate data controllers and processors. Building on this, Ghana launched its National Data Strategy, positioning data as a national asset for inclusive economic growth, citizen trust, and innovation.

Despite these achievements, the DPC has identified pressing capacity gaps that constrain implementation of the strategy:

• Regulatory strengthening: Limited technical capacity among Data Protection Officers (DPOs) and legal officers to audit, supervise, and enforce compliance.
• Public sector data governance: Fragmented institutional knowledge within Ministries, Departments, and Agencies (MDAs), limiting coherent application of data protection policies.
• Cross-border data flows and emerging technologies: Expanding data flows, reliance on AI, cloud computing, and digital identity create new regulatory challenges on adequacy assessments, lawful transfers, and AI governance.

To address these challenges, Smart Africa and GIZ will provide targeted capacity-building support to the DPC and key government institutions through a three-day, in-person training in Accra in November 2025.

3. Objectives of the assignment

3.1. Overall Objective

To recruit a qualified consulting firm to design, develop, and deliver a comprehensive training program that strengthens the operational and supervisory capacity of Ghana’s DPC and key government stakeholders, aligned with national and continental frameworks.

3.2. Specific Objectives

The consulting firm will:

1. Develop and deliver advanced training for DPOs and legal officers on auditing and supervision of data protection compliance.
2. Train data protection focal persons from MDAs on drafting, implementing, and monitoring institutional data protection policies.
3. Build capacity on cross-border data transfers and emerging technologies, with a focus on adequacy assessment, lawful transfer mechanisms, and AI governance.
4. Provide actionable recommendations to support Ghana’s National Data Strategy and its alignment with the AU Data Policy Framework and Smart Africa Blueprint.

4. Scope of work

The consulting firm will be responsible for the following:

Activity 1: Advanced training for DPOs and Legal Officers

• Purpose: Strengthen regulatory capacity of DPC and institutional officers to enforce compliance.
• Tools: Audit manuals, mock audit simulations, case studies (telecoms, finance, health).
• Expected Deliverable: Practical auditing toolkits and training manuals tailored to Ghana’s legal framework.

Activity 2: Training for Data Protection focal persons (MDAs)

• Purpose: Embed data protection into public sector workflows.
• Tools: Policy templates, compliance checklists, risk registers.
• Expected Deliverable: Draft internal data protection policies developed by participants.

Activity 3: Training on cross-border data transfers & emerging technologies

• Purpose: Prepare Ghana to manage adequacy assessments, lawful transfers, and regulation of AI/cloud services.
• Tools: Comparative analysis of GDPR, AU Data Policy, and regional best practices.
• Expected Deliverable: A set of policy recommendations and readiness checklists for cross-border data flows.

Cross-cutting Tasks

• Develop training modules (presentations, manuals, exercises).
• Deliver a 3-day in-person training in Accra.
• Conduct pre- and post-assessments.
• Produce a comprehensive training report (lessons learned, recommendations).

5. Expected outputs

• Training curriculum (agenda, modules, manuals, exercises).
• Delivery of three full training days in Accra.
• Training materials (presentations, case studies, toolkits).
• Pre- and post-assessment results and analysis.
• Final training report with lessons learned and recommendations.

6. Expected outcomes

• Strengthened technical capacity of the DPC and government stakeholders.
• Improved supervisory and enforcement ability of the DPC.
• Enhanced institutional coherence across MDAs.
• Increased preparedness for cross-border data flows and emerging technologies.
• Alignment with continental frameworks (AUDPF, Smart Africa Blueprint).

7. Consultant firm profile

The firm must demonstrate:

• At least 10 years of documented experience designing and delivering capacity-building for
  policymakers/regulators in Africa.
• In-depth knowledge of AU Data Policy Framework, Smart Africa Blueprint, and international standards (e.g., GDPR).
• Proven expertise in regulatory strengthening, ICT policy, data governance, and adult learning methodologies.
• Demonstrated experience working with national regulators in Africa, preferably with knowledge of Ghana’s ecosystem.
• Ability to field a multidisciplinary team (law, ICT, cybersecurity, data governance, adult learning).
• Past assignments in West Africa or with anglophone African countries will be considered a strong asset.

8. Profiles of key experts

Lead Trainer / Team Leader

• Advanced degree (Master’s or PhD) in ICT, law, economics, or related field.
• Minimum 10 years of professional experience in data governance or digital policy.
• Comprehensive understanding of Ghana’s data protection laws.
• Expertise in designing/delivering training to senior policymakers.
• Track record in interactive training (role plays, group work).
• Strong facilitation skills.
• Prior work in Ghana or West Africa is an advantage.
• Ability to integrate gender-sensitive and inclusive approaches.
• Fluency in English required; French desirable.

Technical Expert

• Master degree in ICT, computer science, or engineering.
• At least 7 years’ experience in ICT infrastructure/cybersecurity, and data management.
• Understanding of Ghana’s digital ecosystem, including cloud services, interoperability, and broadband.
• Familiarity with AU frameworks and Ghana’s Data Protection Act (2012).
• Experience working with DPAs in Africa;
• Proven ability to present complex issues to non-technical policymakers.
• Expertise in designing/delivering training to senior policymakers.
• Fluency in English required; French desirable.

9. Methodology

The firm is expected to adopt a participatory and context-sensitive approach:

• Desk Review: Review Ghana’s legal and policy frameworks, DPC’s operational documents, AU and Smart Africa frameworks.
• Interactive Training Delivery: Presentations, simulations, role plays, group exercises.
• Peer Learning: Enable participants to share experiences from MDAs and sector regulators.
• Tailoring to Local Context: Content and exercises adapted to Ghana’s legal, institutional, and cultural context.
• Monitoring & Evaluation: Pre/post tests, feedback forms, final evaluation report.

10. Deliverables & Timeline

11. Evaluation Method and Criteria

The evaluation method employed is the Fixed Budget Selection. The bidders will be evaluated on their technical offers and the highest-ranked among responsive technical proposals that fits within the fixed budget will be selected.

11.1 Technical Evaluation 

The financial proposals will be opened for only those firms which secure a minimum score of 75/100 in the technical evaluation and the highest-ranked among responsive technical proposals that fits within the fixed budget will be selected.

12. Submission Requirements for Technical & Financial Proposals

A specific outline must be followed to facilitate the Smart Africa Secretariat’s review and evaluation of the responses received.

A response to this RFP must include the following sections in the order listed:

1. A cover letter confirming the consultant’s interest to provide the services required
2. Mandatory Administrative documents

• Company registration certificate
• Tax registration certificate

3. A technical proposal containing the following content:

• Executive summary
• Consultants experience/Profile
• Understanding of the Term of Reference, risk assessment, and suggestions for improvement.
• Approach and Methodology
• Work Plan / Schedule
• Updated and certified Curriculum Vitae (max 3 pages with relavant experiences) for and by the team and CEO of the firm, and academic certificates required 
• Consultant Certificates or Recommendation letters of successful completion for similar past assignments, duly signed and stamped

4. Financial Proposal containing the following tables.

1. • Summary of Costs.
   • Breakdown of price per user group on daily rate.
   • Breakdown of remuneration user group on daily rate.
   • Reimbursable expenses user group applicable.
   • Miscellaneous Expenses if any

Notes:

• Indicate your preferred payment terms under financial proposal

• A withholding tax of 15% will be deducted from payments for Consultant not VAT-registered with Rwanda Tax Administration (RRA), and 18% VAT will be applicable to Rwandan registered firms.

• All Financial Proposals/offers should be password protected, and Smart Africa will request for it for bidders who have been qualified in the technical evaluation

• All Financial Offers should be quoted and submitted in USD Currency.

13. Submission Process

Soft copies of both Technical and financial proposals must be sent to: procurement@smartafrica.org showing each the nature of the offer concerned (technical or financial offer), not later than 6th November 2025; at, 5:00 PM local time (Kigali), addressed to Procurement Office of Smart Africa Secretariat, with subject marked: RFP Ref#:135/SA/GIZ-Data Governance/RFP/10/2025: Recruitment of a Consulting Firm for Content Development and Delivery of Data Governance Training.

14. Rights Reserved

1. This RFP does not obligate the Smart Africa Secretariat (SAS) to complete the RFP process. 
2. SAS reserves the right to amend any segment of the RFP prior to the announcement of a selected Consultant.
3. SAS also reserves the right to remove one or more of the services from consideration for this contract should the evaluation show that it is in SAS’s best interest to do so.
4. SAS also may, at its discretion, issue a separate contract for any service or groups of services included in this RFP. 
5. SAS may negotiate a compensation package and additional provisions to the contract awarded under this RFP.
6. The Smart Africa reserves the right to debrief the applicants after the completion of the process due to expected high volume of applications and avoiding the compromise of the process.

Late proposals will be rejected.

15. Validity

Proposals and quotes must remain valid for 90 days after the date of closing noted above.
After, the closing date and time, all proposals received by the Smart Africa Secretariat become its property.

16. Enquiries

Any inquiries will only be received at least 3 working days before the bid submission deadline. Prospective respondents who may have questions regarding this RFP may submit their inquiries to tenderenquiries@smartafrica.org

17. Anti-Corruption

Smart Africa is committed to preventing and not tolerating any act of corruption and other malpractices and expects that all bidders will adhere to the same ethical principles.