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ELECTRONIC TRANSACTIONS ACT.

ARRANGEMENT OF SECTIONS.

PART I
PRELIMINARY.

   Section

   1.   Commencement.

   2.   Interpretation.

   3.   Application.

   4.   Object of the Act.

PART II
FACILITATING ELECTRONIC TRANSACTIONS.

   5.   Legal effect of electronic records.

   6.   Use of electronic signature.

   7.   Authenticity of data message.

   8.   Admissibility and evidential weight of a data message and an electronic record.

   9.   Retention of information or record.

   10.   Production of document or information.

   11.   Notarisation, acknowledgement and certification.

   12.   Other requirements.

   13.   Automated transactions.

   14.   Formation and validity of agreements.

   15.   Time of dispatch of data message.

   16.   Time of receipt of data message.

   17.   Place of dispatch or receipt.

   18.   Expression of interest.

   19.   Attributing a data messages to person originating the message.

   20.   Acknowledgement of receipt of data message.

   21.   Variation of conditions or requirements by agreement.

PART III
E-GOVERNMENT SERVICES.

   22.   Electronic filing and issuing of documents.

   23.   Specific requirements by public body.

PART IV—CONSUMER PROTECTION.

   24.   Information to be provided by suppliers or sellers.

   25.   Cancelling electronic transaction after receipt of goods or services.

   26.   Unsolicited goods, services or communications.

   27.   Performance of electronic transaction.

   28.   Invalidity of provisions excluding consumer rights.

PART V
LIMITATION OF LIABILITY OF SERVICE PROVIDERS.

   29.   Liability of a service provider.

   30.   Information location tools.

   31.   Notification of infringing data message or activity.

   32.   Service provider not obliged to monitor data.

   33.   Territorial Jurisdiction.

   34.   Jurisdiction of courts.

   35.   Regulations.

   36.   Power of the Minister to amend Schedule.

 

ELECTRONIC TRANSACTIONS ACT.

Commencement: 15 April, 2011.

   An Act to provide for the use, security, facilitation and regulation of electronic communications and transactions; to encourage the use of e-Government services and to provide for related matters.

 

PART I
PRELIMINARY.

 

1.   Commencement.

   This Act shall come into force on a date appointed by the Minister by statutory instrument

 

2.   Interpretation.

   (1) In this Act, unless the context otherwise requires—

   "addressee", in respect of a data message, means a person who is intended by the person originating the data message to receive the data message, but not a person acting as an intermediary in respect of the data message;

   "advanced electronic signature" means an electronic signature, which is—

   (a)   uniquely linked to the signatory;

   (b)   reliably capable of identifying the signatory;

   (c)   created using secure signature creation device that the signatory can maintain under his sole control; and

   (d)   linked to the data to which it relates in such a manner that any subsequent change of the data or the connections between the data and signature are detectable.

   "automated transaction" means an electronic transaction conducted or performed, in whole or in part, by means of a data message in which the conduct or data messages of one or both parties is not reviewed by a natural person in the ordinary course of the natural person's business or employment;

   "computer" means electronic, magnetic, optical, electrochemical, or other data processing device or a group of such interconnected or related devices, performing logical, arithmetic or storage functions; and includes any data storage facility or communications facility directly related to or operating in conjunction with such a device or a group of such interconnected or related devices;

   "consumer" means a person who enters or intends to enter into an electronic transaction with a supplier as the end user of the goods or services offered by that supplier;

   "currency point" has the value assigned to it in Schedule 1;

   "data" means electronic representations of information in any form;

   "data message" means data generated, sent, received or stored by computer means and includes—

   (a)   voice, where the voice is used in an automated transaction; and

   (b)   a stored record;

   "data subject" means a person from whom or in respect of whom personal information has been requested, collected, collated, processed or stored;

   "e-Govemment services" includes a public service provided by computer means by a public body in Uganda;

   "electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, in an automated transaction;

   "electronic communication" means a communication by means of data messages;

   "electronic record" means data which is recorded or stored on any medium in or by a computer system or other similar device, that can be read or perceived by a person or a computer system or other similar device and includes a display, printout or other output of that data;

   "electronic records system" includes the computer system or other similar device by or in which data is recorded or stored and the procedure for recording and storing of electronic records;

   "electronic signature" means data in electronic form affixed to or logically associated with a data message, which may be used to identify the signatory in relation to the data message and indicates the signatory's approval of the information contained in the data message; and includes an advanced electronic signature as well as secure signature;

   "electronic transaction" means the exchange of information or data, the sale or purchase of goods or services, between businesses, households, individuals, governments, and other public or private organizations, conducted over computer-mediated networks;

   "information" includes data, text, images, sounds, codes, computer programmes, software and databases;

   "information system" means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages and includes the internet or any other information sharing system;

   "information system services" includes a provision of connections, operation facilities, for information systems, the provision of access of information systems, the transmission or routing of data messages between or among points specified by a user and the processing and storage of data, at the individual request of the recipient of the service;

   "intermediary" means a person who, on behalf of another person, whether as agent or not, sends, receives or stores a particular data message or provides other services with respect to that data message;

   "Minister" means the Minister responsible for information and communications technology;

   "originator" means a person by whom or on whose behalf, a data message is sent or generated prior to storage, but does not include a person acting as an intermediary in respect of that data message;

   "person" includes any company or association or body of persons corporate or unincorporate;

   "public body" includes the Government, a department, service or undertaking of the Government, Cabinet, Parliament, a court, local Government administration or a local council and any committee or commission thereof, an urban authority, a municipal council and any committee of any such council, any corporation, committee, board, commission or similar body whether corporate or incorporate established by an Act of Parliament relating to undertakings of public services or such purpose for the benefit of the public or any section of the public to administer funds or property belonging to or granted by the Government or money raised by public subscription, rates, taxes, cess or charges in pursuance of any written law and any council, board, committee or society established by an Act of Parliament for the benefit, regulation and control of any profession;

   "service provider" means—

      (i)   any public or private entity that provides to the users of its service the ability to communicate by means of a computer system, and

      (ii)   any other entity that processes or stores computer data on behalf of such communication service or users of such service;

   "third party", in relation to a service provider, means a subscriber to a service provided by the service provider or any other user of the service provider's services or a user of information systems.

   (2) This Act shall be construed consistently with what is commercially reasonable under the circumstances as to achieve business sense.

 

3.   Application.

   (1) This Act does not apply to the list of documents specified in Schedule 2.

   (2) Nothing in this Act shall limit the operation of a law which expressly authorises, prohibits or regulates the use of electronic documents.

 

4.   Object of the Act.

   (1) The object of this Act is to provide a legal and regulatory framework to—

   (a)   enable and facilitate electronic communication and transactions;

   (b)   remove and eliminate the legal and operational barriers to electronic transactions;

   (c)   promote technology neutrality in applying legislation to electronic communications and transactions;

   (d)   provide legal certainty and public confidence in the use of electronic communications and transactions;

   (e)   promote e-Government services through electronic communications and transactions with the Government, public and statutory bodies;

   (f)   ensure that electronic transactions in Uganda conform to the best practices by international standards;

   (g)   encourage investment and innovation in information communications and technology to promote electronic transactions;

   (h)   develops a safe, secure and effective environment for the consumer, business and the Government to conduct and use electronic transactions;

   (i)   promote the development of electronic transactions that are responsive to the needs of users and consumers; and

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