Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698832806128.pdf (Uganda)
PARLIAMENTARY LIBRARY P. O.

Box 7178.

KAMPALA '- 12 *.

ACC.

No: ••••••.••••••...........

CALL 140:•••.••.••.•••..........• * I i I THE ELECTRONIC TRANSACTIONS ACT, 2011 PARLIAMENTARY P. a Box 7178.

KAMPALA LIBRARY I I 1 * ..~~..:::: L~~~~~~:: '- .............. * I I ; ACTS SUPPLEMENT No.4 to The Uganda Gazette No.

19 Volume C1V dated 18th March, 2011.

Printed by UPPC, Entebbe, by Order of the Government.

PARLIAMENTARY LIBR~R?'

P O.

Box 7178.

KAMPAL':' ACC.

No: ••.•.•••.••••......


CALL t~o:••••.••.•••••..•.

1.

Commencement 2.

Interpretation 3.

Application 4.

Object of the Act 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 and certification 10.

Production of document or information 11.

Notarisation, acknowledgement 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 Section.

20.

Acknowledgement of receipt of data message 21.

Variation of conditions or requirements by agreement 22.

Electronic filing and issuing of documents Specific requirements by public body 23.
PARLIAMENTARY LIBRi\RY P. O.

Box 7178.

KAMPALA 2 '1'1 1 _ J '.'

_ A~ 1 L d ACC.

No: CALL t~o: .•....•................. · · Information to be provided by suppliers or sellers 24.

25.

Cancelling electronic transaction after receipt of goods or services 26.

Unsolicited goods, services or communications 27.

28.

Performance of electronic transaction Invalidity of provisions excluding consumer rights Liability of a service provider Information location tools 29.

30.

31.
30.

31.

Notification of infringing data message or activity 32.

Service provider not obliged to monitor data 33.

Territorial Jurisdiction Jurisdiction of courts 34.

35.

Regulations 36.

Power of the Minister to amend Schedule 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.

DATEOF ASSENT:17th February, 2011.

Date of Commencement: See section 1.

1.


Commencement This Act shall come into force on a date appointed by the Minister by statutory instrument and different dates may be appointed for the commencement of different provisions.

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; Act 8 Electronic Transactions Act 2011 "advanced electronic signature" means an electronic signature, which is- (a) (b) (c) (d) uniquely linked to the signatory; reliably capable of identifying the signatory; created using secure signature creation device that the signatory can maintain under his sole control; and 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 magnetic, electronic, such interconnected optical, electrochemical, or other data processing device or a group of 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; or "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 I; "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 "data subject" means a person from whom or in respect of whom collected, has been requested, personal collated, processed or stored; information "e-Government 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 that can be read or perceived by a person or a device, 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, individuals, governments, and other public or households, conducted over computer-mediated private organizations, 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 includes a provision system services" of connections, operation facilities, for information systems, the of the provision 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 ofthe service; information of access systems, "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 aSSOCIatIOnor 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 6 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; (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 under reasonable consistently with what is as to achieve the circumstances commercially 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 the use of electronic expressly authorises, prohibits or regulates documents.

4.
Object of the Act (1) The object of this Act is to provide a legal and regulatory framework to- (a) (b) (c) and facilitate enable transactions; electronic communication and remove and eliminate the legal and operational barriers to electronic transactions; 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) (f) (g) (h) electronic and transactions with the Government, services through e-Government promote communications public and statutory bodies; ensure that electronic transactions the best practices by international standards; in Uganda conform to encourage communications transactions; investment and innovation and technology to promote in information electronic develops a safe, secure and effective environment consumer, business and the Government electronic transactions; for the to conduct and use (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.

Legal effect of electronic records.

(1) enforcement form of a data message.
Information shall not be denied legal effect, validity or it is wholly or partly in the solely on the ground that (2) Information incorporated into a contract in the public domain is regarded as having been incorporated into a data message if the information is- is not that (a) (b) referred to in a way that a reasonable person would have noticed the reference to the information or incorporation in the contract; and accessible in a form in which it may be read, stored and retrieved by the other party, whether electronically or as a computer printout as long as the information is reasonably capable of being reduced into electronic form by the party incorporating it.
(3) Where- (a) an act; (b) a document; or (c) information, is required to be in writing, produced, recorded or retained, written, produced, recorded or retained in electronic form.

it may be (4) For purposes for a subsection document or information to be in writing is fulfilled if the document or information is- (3)' the requirement of (a) in the form of a data message; and (b) accessible reference.

in a manner which is usable for subsequent 6.

Use of electronic signature.


Where a law requires a signature or provides for consequences where is fulfilled if an electronic a document signature is used.

is not signed, the requirement 7.

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 9 (b) that information is capable of being displayed or produced to the person to whom it is to be presented.
(4) When assessing the evidential weight of a data message or an electronic record, the court shall have regard to- (2) For the purposes of subsection lea), the authenticity of a data message shall be assessed- (a) by considering whether and unaltered, remained the information complete the addition of an except endorsement and any change which arises in the normal course of communication, in light of the purpose generated: and storage or display; for which the information was has for (b) (c) having regard to all other relevant circumstances.
8.

Admissibility and evidential weight of a data message or an electronic record (1) In legal proceedings, shall not be applied so as to deny the admissibility of a data message or an electronic record- the rules of evidence (a) merely on the ground that it message or an electronic record; is constituted by a data (b) is the best evidence that if it evidence could reasonably be expected to obtain; or the person adducing the (c) merely on the ground that it is not in its original form.
(2) A person seeking to introduce a data message or an electronic record in legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic record is what the person claims it to be.

(3) Subject to subsection (2), where the best evidence rule is applicable in respect of an electronic record, the rule is fulfilled upon proof of the authenticity of the electronic records system in or by which the data was recorded or stored.
(a) (b) (c) the reliability of the manner in which the data message was generated, stored or communicated; the reliability of the manner in which the authenticity of the data message was maintained; the manner electronic record was identified; and in which the originator of the data message or (d) any other relevant factor.
(5) The authenticity of the electronic records system in which an in the absence of record is recorded or stored shall, electronic evidence to the contrary, be presumed where- (a) (b) (c) there is evidence that supports a finding that at all material system or other similar device was times the computer the fact of its not operating properly or, operating the did not affect electronic record and there are no other reasonable grounds to doubt the integrity of the electronic records system; if it was .not, the integrity properly of it is established that the electronic record was recorded or stored by a party to the proceedings who is adverse in interest to the party seeking to introduce it; or it is established that the electronic record was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not record or store it under the control of the party seeking to introduce the record.
(6) For the purposes of determining whether an electronic record is admissible under this section, evidence may be presented in respect of set standards, procedure, usage or practice on how electronic records are to be recorded or stored, with regard to the type of that used, recorded or stored the electronic business or endeavours record and the nature and purpose of the electronic record.
11 (7) This section does not modify the common law or a statutory the rules relating rule relating to the admissibility of records, except to authentication and best evidence.

9.

Retention of information or record.
(1) Where a law requires that a document, record or information is fulfilled by retaining the document, the requirement be retained, record or information in electronic form if- (a) (b) (c) (d) the information contained in the electronic record remains accessible and can be used for subsequent reference; the electronic record is retained in the format was originally generated, which can be demonstrated information originally generated, sent or received; in which it sent or received or in a format the to accurately represent the information which is retained enables the identification of the origin and destination of an electronic record and the date and time when it was sent or received; and the consent of the department or ministry of the Government, or the statutory corporation, which has supervision over the requirement for retaining the record, has been obtained.
(2) The obligation to retain a document, record or information in accordance with subsection (1) (c) shall not extend to information generated solely for the purpose of enabling a document, record or information to be sent or received.

(3) Subsection (1) may be fulfilled by using the services of a record or person other than the person who originated the document, information.
(4) Nothing in this section shall- (a) affect a law which expressly provides for the retention of documents, records or information in the form of electronic records; (b) preclude a department or ministry of the Government, a corporation for statutory additional that are requirements subject to the jurisdiction of the department or ministry of the Government, or statutory corporation.

from specifying electronic retaining records 10.

Production of document or information.
(1) For purposes of section 5(3), a requirement document document or information in electronic form if- information is fulfilled or if a person produces to produce a the (a) (b) considering all the relevant circumstances at the time that the data message was sent, the method of generating the electronic form of that document provided a reliable means of assuring the the maintenance information contained in that document; and the integrity of of at the time the data message was sent, it was reasonable to expect that the information contained in the data message would be readily for subsequent reference.
so as to be usable accessible (2) For the purposes of subsection (1), the authenticity of the is maintained if the information information contained in a document has remained complete and unaltered, except for- (a) the addition of an endorsement; or (b) an immaterial change, which arises in the normal course of communication, storage or display.

11.

Notarisation, acknowledgement and certification.


(1) A requirement for a signature, statement or document to be notarised, acknowledged, verified or made under oath, is fulfilled if an advanced or secure electronic signature of a person authorised by incorporated or is law to sign or notarise the document logically associated with the electronic record.
is attached, 13 (2) Where a person is required or permitted to provide a certified is copy of a document which is in electronic form, the requirement fulfilled if the person provides a printout certified to be a true copy of the document or information.
(3) Where a person is required or permitted to provide a certified in paper or other and the document exists is fulfilled if an electronic copy of the is certified to be a true copy of the document and the copy of a document physical form, that requirement document certification is confirmed with an advanced electronic signature.

12.

Other requirements.


(1) A requirement for multiple copies of a document to be submitted to a person at the same time is fulfilled by submitting a single data message which is capable of being reproduced by the person to whom the data message is submitted.

(b) a contract may be formed by a party to the transaction using an electronic agent to enter into the contract.
(2) A party using an electronic agent to enter into a contract shall, subject to subsection (3), be bound by the terms of the contract irrespective the electronic agent or the terms of the contract.

the party reviewed the actions of of whether (3) A party interacting with an electronic to form a contract is not bound by the terms of the contract unless the terms are capable of being reviewed by a person representing that party before the formation of the contract.
agent (4) A contract shall not be formed under subsection (1) where a person interacts directly with the electronic agent of another party and the electronic agent makes a material error when creating a data message unless- (2) Where a document not prescribe the method or form in which it is to be the sealed, document may be sealed by electronic means.
is required to be sealed and the law does the (3) For purposes of subsection (2) a document is sealed by includes the advanced electronic electronic means if the document signature of the person authorised to seal the document.
(4) Where a person is required or permitted to send a document or information by registered or certified mail, is fulfilled if an electronic copy of the document or information is sent is registered by to an authorised service provider and the document, to the electronic address provided by the service provider and sent the sender provided that the integrity of the document.

such reproduction that requirement does not affect 13.

Automated transactions.
(1) In an automated transaction- (a) a contract may be formed where performs an action required by law in order contract; or an electronic agent to form a (a) (b) (c) the other party notifies the natural person of the error as soon as practicable after he or she has learnt of the error; the electronic agent provides opportunity to prevent or correct the error; the natural person with an reasonable the party takes that conform to the instructions of the natural person to return any performance to destroy that performance; and if instructed to do so, received, or, including steps, steps (d) the party has not used or received any material benefit or value from the performance received from the natural person.
14.

Formation and validity of a contract.

(1) A contract shall not be denied legal effect merely because it is concluded partly or wholly by means of a data message.

(2) A contract by means of a data message is concluded at the time when and the place where acceptance of the offer is received by the person making the offer.

15.

Time of dispatch of (lata message.


(1) Subject to an agreement to the contrary, where a data message enters a single information system outside the control of the person originating the data message or a person who sent the message on behalf of the person originating the message, the dispatch of the message occurs when the data message enters the information system.
(2) Where a data message successively enters two or more information systems outside the control of the person originating the data message, unless otherwise agreed between the person originating the message and the addressee, the dispatch of the message occurs when the data message enters the first of the information systems.

16.

Time of receipt of data message.
(1) Unless otherwise agreed between the person originating the data message and the addressee, the time of receipt of a data message is determined where the addressee designates an information system for receiving a data message the receipt of a data message occurs- (a) (b) at the time when the data message enters the designated information system; or if the data message is sent to an information system of the addressee which is not the designated information system, is received by the at addressee.
the time when the data message (2) Where the addressee has not designated an information system, receipt occurs when the data message enters an information system of the addressee.

(3) Subsections (1) and (2) shall apply notwithstanding that the from the place where the information system is located is different place where the data message is received under section 17.
(2) For the purposes of subsection (1) the person originating the data message or the addressee- (i) and one of the places can more closely be associated with the transaction, the place of business which can be closely associated with the transaction is presumed to be the place of business; (ii) but paragraph (a) does not apply, the principal place of business of the person originating the data message or the addressee is presumed t9 be the place of business; (b) does not have a place of business, the place where the person originating the data message or the addressee ordinarily resides is presumed to be the place of business.
18.

Expression of interest.

An expression of interest may be in the form of a data message and may be without an electronic signature as long as it is possible to infer the interest of the person from the data message.

19.

Attributing a data message to person originating the message.

(1) A data message is attributed to the person who originated the data message if the message is sent by- 17.

Place of dispatch or receipt.
(1) Unless otherwise agreed by the person originating a data message and the addressee, a data message is deemed to have been-- (b) an agent of the person originating the message or a person who has the authority to act on behalf of the person originating the data message ; or 16 17 (c) the message an information system which is programmed by the person originating the person originating the message to operate automatically unless it is proved that the information system did not execute the programming properly.
or on behalf of (2) The addressee shall regard a data message as sent by the originator and to act on that assumption if- (a) (b) in order to ascertain whether the data message is sent by the person the addressee properly applies agreed to by the person originating the message originating the message, a method previously for that purpose; of a person whose the data message received by the addressee resulted from the action relationship with the enabled the person to gain access to a method originator used by the originator records as to identify electronic records of the originator; or (c) the data message is sent by an agent of the originator.
(3) Subsection (2) shall not apply where- (a) (b) (c) the addressee originator did not send the data message; receives notice from the originator that the the addressee knows or ought to have known, had he or she that exercised reasonable care or used the agreed method, the data message was not sent by the originator ;or in the circumstances it is unreasonable for the addressee to regard the data message as a message of the originator or to act on the assumption that the data message was sent by the originator.
20.

Acknowledgement of receipt of data message.

of receipt of a to this section, an acknowledgement data message is not necessary to give legal effect to the data message.

(1) Subject (2) Where the originator that conditional on receipt of the acknowledgement, taken as not sent, until the acknowledgement originator.
specifies the data message is the data message is is received by the (3) Where the originator of is receipt the conditional on acknowledgement is not received by the originator within the time specified or agreed upon or, if no time has been specified or agreed upon, within a reasonable time, the originator may- specifies an the data message acknowledgement that and (a) give notice to the addressee stating that an acknowledgement has not been received and specifY a reasonable time within which the acknowledgement shoulq be received; and (b) upon notice to the addressee, the data message as though it has never been sent or exercise any other rights that he or she may have in respect of the data message.
treat (4) Where acknowledgement method, the acknowledgement may be given by- the the is to be given in a particular form or by a particular originator specify does that not (a) (b) any communication otherwise; or from the addressee, automated or any conduct of the addressee which is sufficient to indicate to the originator that the addressee received the data message.
(5) Where the originator of receipt from the addressee, unless there is evidence to the contrary it that the addressee received the data message.

is presumed, acknowledgement receives the (4) This section shall not affect the law of agency or the law on formation of contracts.

content of the electronic record corresponds record received.
(6) The presumption in subsection (5) does not imply that the to the content of the (7) Where the acknowledgement the related data message fulfilled the technical requirements, either agreed upon or set it is presumed, unless evidence to the forth in applicable standards, contrary is adduced, that those requirements have been met.
states that (8) Except in so far as it relates to sending or receiving of a data message, this section does not apply to the legal consequences that arise from the data message or from the acknowledgement of its receipt.

21.

Variation of conditions or requirements by agreement.

Sections 16, 17, 18, 19 or 20 may be varied by an agreement made between the parties storing or involved in generating, processing a data message.

sending, 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 in the form of a data message; (ii) issue the permit, licence or approval in electronic form; or 23.

Specific requirements by public body.
(1) A public body may for the purposes of section 22 by notice in the Gazette, specify- (a) (b) the manner and format filed, created or retained; in which the data message shall be the manner and format approval shall be issued; in which the permit, licence or (c) where the data message has to be signed, the type of electronic signature required; (d) (e) (f) the manner and format in which the electronic signature shall be attached to or incorporated into the data message; the criteria that shall be met by an authentication service provider used by the person filing the data message or that the authentication shall be a preferred authentication service provider; service provider 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 payment.
in respect of the data message or (2) For the purposes of subsection (1) (e) a relevant generic service provider shall be a preferred authentication service provider.

24.

Information to be provided by suppliers or sellers.
(l) 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; 21 (d) membership of any self-regulatory or accreditation bodies to which the person belongs or subscribes and the contact details of that body; (p) the security procedures and privacy policy of the person in respect of payment, payment and personal information; and information (e) (f) (g) (h) (i) (j) (k) any code of conduct how the consumer may access electronically; to which that person subscribes and that code of conduct in the case of a legal person, the registration number, names of directors and place of registration; the physical address where the person may be served with documents; 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; the full price of the goods or services, costs, taxes and any other fees or costs; including transport the manner of payment; any terms or conditions guarantees, accessed, terms may electronically by consumers; any of agreement, that will apply to the transaction and how those reproduced stored including and be (1) 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; (0) any alternative dispute resolution code to which the person accessed and subscribes electronically by the consumer; code may how the be (q) where appropriate, in the case of agreements supply of products or services ongoing basis or recurrently; the minimum duration of the agreement for the sale, hire, exchange or to be performed on an (2) A person offering goods or services for sale, hire or exchange through an electronic transaction shall also provide a consumer with an opportunity- (a) to review the entire electronic transaction; (b) to correct any mistakes; and (c) to withdraw from the transaction before placing an order.
(3) Where a person offering goods or services for sale, hire or exchange through an electronic transaction fails to comply with the transaction within subsection (1) or (2), a consumer may cancel fourteen days after receiving the goods or services under the transaction.
(4) Where a transaction is cancelled under subsection (3)- (a) (b) the consumer offered the goods or, where applicable, service; and shall return the goods to the person who cease using the the person selling or offering the goods or services shall refund all payments made by the consumer after deducting the direct cost of returning the goods.
(5) For the purposes of subsection (4) (b) the person offering the system which is secure standards at the time of the goods or services according to the accepted technological transaction.
shall use a payment (6) Where a person offering goods or services for sale, hire or exchange by electronic means fails to comply with subsections (4) (b) and (5) he or she is liable for the damage suffered by the consumer (7) Subsection (3) does not apply to an electronic transaction- (a) services, financial services, including, for insurance and reinsurance operations, banking services and securities; investment (b) by way of an auction; (c) (d) the supply of for or other goods foodstuff, beverages intended for everyday consumption if they are supplied to the home, residence or workplace of the consumer; for services which began with the consumer's consent before the end of the seven-day period referred to in section 25(1); (e) where the price for the supply of goods or services is in the financial markets and dependent on fluctuations which cannot be controlled by the supplier; (f) where the goods- (i) are made to the specifications of the consumer; (iv) are likely to deteriorate or expire rapidly; (g) where audio or video recordings or computer software is unsealed by the consumer; (h) the sale of newspapers, for books; periodicals, magazmes and (i) for the provision of gaming and lottery services; or (j) for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when to provide these services on a the transaction is concluded, specific date or within a specific period.
25.

Cancelling electronic transaction after receipt of goods or services.

(1) Subject to sub section (2), a consumer may cancel an electronic transaction and any related credit agreement for the supply of goods or services- (a) within seven days after the date of receipt of the goods or servIces; or (b) within seven days after the date of conclusion of the agreement.
(2) A consumer who returns goods after cancelling an electronic transaction under subsection (1) shall not be charged for the returning of the goods other than the direct cost of returning the goods (3) Where payment for the goods or services has been effected before a consumer exercises the right to cancel the transaction under subsection (1), the consumer is entitled to a full refund of money paid within thirty days of the date of the cancellation.
(4) This section shall not be construed as prejudicing the rights of a consumer which are provided for in any other law.

26.

Unsolicited goods, services or communications.

unsolicited (1) A person who sends an commercial communication to a consumer, shall provide- (b) the consumer with the option subscription to the mailing list of that person at no cost.
to cancel his or her 24 25 Act 8 Electronic Transactions Act 2011 (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine not exceeding seventy two currency points or to imprisonment not exceeding three years or both.
(3) A person who sends an unsolicited commercial communication to a person who has advised the sender that he or she commits an offence and is liable should not send the communication, on conviction, to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both.

27.
27.

Performance of electronic transaction .. (l) Where a person makes an order for goods or services by the supplier electronic means, unless otherwise agreed by the parties, shall execute the order within thirty days.

(2) Where the supplier days or within the agreed period, after giving written notice of seven days.
fails to execute the order within thirty the consumer may cancel the order (3) Where the supplier is not able to supply the goods or the goods or services ordered are not services, on the ground that available, he or she shall notify the consumer before the expiry of the agreed time and refund any payment made in respect of the goods or services within thirty days.

Invalidity of provisions excluding consumer 28.

A provision in an agreement, which excludes any rights provided for in this Part, is void.
rights.

29.

Liability of a service provider (1) A service provider shall not be subject to civil or criminal liability in respect of third-party material which is in the form of electronic records to which he or she merely provides access if the liability is founded on- (a) (b) the making, publication, dissemination or distribution of the material or a statement made in the material; or the infringement of any rights subsisting in or in relation to the material.
(2) This section shall not affect- (a) an obligation in a contract; (b) of a network service provider under a the obligation licencing or regulatory framework which is established by law; or (c) an obligation which is imposed by law or a court to remove, block or deny access to any material.
(3) For the purposes of this section, provides access, in relation to third-party material, means providing the necessary technical means by which third-party material may be accessed and includes the automatic and temporary storage of the third-party material for the purpose of providing access.

Information location tools.

30.
Where a service provider containing an infringing data message or service provider service provider- refers or links users to a data message the is not liable for damage incurred by the user if the infringing activity, (a) (b) does not have actual knowledge that the data message or an activity relating to the data message is infringing the rights of the user; is not aware of the facts or circumstances infringing activity or message is apparent; the infringing nature of from which the the data (c) does not receive a financial benefit directly attributable to the infringing activity; or (d) removes or disables access to the reference or link to the data message or activity within a reasonable time after being informed that the data message or the activity relating to the data message infringes the rights of the user.
31.

Notification of infringing data message or activity.
(I) A person who complains that a data message or an activity relating to the data message shall notify the service is unlawful provider or his or her designated agent in writing and the notification shall include- (b) the written complaining; or electronic signature of the person (d) (e) (f) (g) (h) a description of the material or activity which is alleged to be the subject of infringing activity; the remedial action required to be taken by the servIce provider in respect of the complaint; telephone complaining; and electronic contact details of the person a declaration that the person complaining is acting in good faith; and a declaration that correct to his or her knowledge.
the information III the notification IS (2) A person who knowingly makes a false statement on the for the is liable to the service provider notification in subsection(1) loss or damage suffered by the service provider.

28 32.
Service provider not obliged to monitor data (1) For the purposes of complying with this Part, a servIce provider is not obliged to- (a) monitor the data which the service provider transmits or stores; or (b) actively seek for unlawful activity, facts or circumstances indicating an (2) The Minister in consultation with the National may by statutory Information instrument, Technology Authority-Uganda prescribe the procedure for service providers to- (a) (b) inform the competent public authorities of any alleged illegal activities undertaken or information provided by recipients of their service; and communicate information enabling the identification of a recipient of the service provided by the service provider, at the request of a competent authority 33.
Territorial Jurisdiction.

to subsection (2), (1) Subject in relation to any person, whatever his or her nationality or citizenship and whether he or she is outside or within Uganda.

this Act shall have effect, (2) Where an offence under this Act, is committed by any person in any place outside Uganda, he or she may be dealt with as if the offence had been committed within Uganda.

of courts.

Jurisdiction 34.


A court presided over by the Chief Magistrate or Magistrate Grade I has jurisdiction to hear and determine all offences in this Act and, anything to the contrary in any written law, has notwithstanding in respect of any offence power to impose the penalty or punishment under this Act.

35.

Regulations.
35.

Regulations.

The Minister may, by statutory instrument make regulations any- for (b) administrative or procedural matter which is necessary to give effect to this Act; or (c) matter which is necessary and expedient to give effect to this Act.

36.

Power of the Minister to amend Schedule The Minister in consultation Technology Authority- Uganda may, by statutory instrument, with the approval of Cabinet amend the Schedules.
with the National Information (a) Will or codicil; (b) (c) (d) Trust created by a will or codicil; Power of attorney; Document requires regi that creates or transfers an interest in property and stration to be effective against instruments, (e) Negotiable title.

third parties; and including negotiable documents of PARLIAMENTARY LIBR/IRY P. O.

Box 7178, KAiVlPAU\ ACC, No' CALL tJo<···· - • a •••••••••••••••••••• , .