Electronic Transactions Act

Definitions of Data:

Data means electronic representations of information in any form

Main Focus of Document:

Provides for the use, security, facilitation and regulation of electronic communications and transactions; and aims to encourage the use of e-government services

Target Beneficiaries or Sectors:

Government, citizens, businesses

Key Elements:

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 (j) foster economic and social prosperity.

5. Use of electronic signature. Where a law requires a signature or provides for consequences where a document is not signed, the requirement is fulfilled if an electronic signature is used.

6. Authenticity of data message. (1) Where a law requires information to be presented or retained in its original form, the requirement is fulfilled by a data message if— (a) the integrity of the information from the time when it was first generated in its final form as a data message or otherwise has passed assessment in terms of subsection (2); and (b) that information is capable of being displayed or produced to the person to whom it is to be presented.

E-GOVERNMENT SERVICES 22. Electronic filing and issuing of documents. Where a law provides that a public body may— (a) accept the filing of a document or requires that a document be created or retained; (b) issue a permit, licence or an approval; or (c) provide for the making of a payment, the public body may, (i) accept the document to be filed, created or retained i the form of a data message; (ii) issue the permit, licence or approval in electronic form; or (iii) make or receive payment by electronic means.

23. Specific requirements by public body (1) A public body may for the purposes of section 22 by notice in the Gazette, specify— (a) the manner and format in which the data message shall be filed, created or retained; (b) the manner and format in which the permit, licence or approval shall be issued; (c) where the data message has to be signed, the type of electronic signature required; (d) the manner and format in which the electronic signature shall be attached to or incorporated into the data message; (e) the criteria that shall be met by an authentication service provider used by the person filing the data message or that the authentication service provider shall be a preferred authentication service provider; (f) the appropriate control process and the procedure to ensure adequate integrity, security and confidentiality of a data messages or a payment; and (g) any other requirements in respect of the data message or payment.

CONSUMER PROTECTION 24. Information to be provided by suppliers or sellers. (1) A person offering goods or services for sale, hire or exchange through an electronic transaction shall provide to the consumers on the web site or electronic communication where the goods or services are offered, the following— (a) the full name and legal status of the person; (b) the physical address and telephone number of the person; (c) the web site address or e-mail address of the person; (d) membership of any self-regulatory or accreditation bodies to which the person belongs or subscribes and the contact details of that body; (e) any code of conduct to which that person subscribes and how the consumer may access that code of conduct electronically; (f) in the case of a legal person, the registration number, names of directors and place of registration; (g) the physical address where the person may be served with documents; (h) a description of the main characteristics of the goods or services offered by the person which is sufficient to enable a consumer to make an informed decision on the proposed electronic transaction; (i) the full price of the goods or services, including transport costs, taxes and any other fees or costs; (j) the manner of payment; (k) any terms or conditions of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers; (l) the time within which the goods will be dispatched or delivered or within which the services will be rendered; (m) the manner and period within which consumers may access and maintain a full record of the transaction; (n) the return, exchange and refund policy of the person; (o) any alternative dispute resolution code to which the person subscribes and how the code may be accessed electronically by the consumer;