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Cyber Laws

The Parliament of Uganda on 7th October, 2010 passed into law three cyber bills that will provide for the long overdue legal regulations for security of electronic transactions. This cyber bills were assented to by the H.E The President in February, 2011 and are now Acts. This follows the initiative to protect critical national information infrastructure, encourage safe online business and increase the country’s competiveness to attract foreign investment such as in the Business Process Outsourcing Industry.

As Government embraces the use of ICT in delivery of its services, it is envisaged that more citizen and business targeted services will move online for easier access and efficiency. The Cyber Acts provide the legal framework to govern such transactions and to address cyber crime and terrorism.

Below are the Cyber Acts and a briefs on each:

ELECTRONIC SIGNATURES ACT, 2011

This makes provision for and regulating the use of electronic signatures and provide for other related matters;

  1. The Act makes provision for the use of electronic signatures in order to ensure that transactions are carried out in a secure environment.
  2. It establishes a public key infrastructure for authenticity and security of documents
  3. Recognizes the different signature creating technologies
  4. Provides effective administrative structures e.g. establishment of Certification Authorities

ELECTRONIC TRANSACTIONS ACT, 2011

This provides for the use, security, facilitation and regulation of electronic communications and transactions; encourage the use of e-Government services and provide for related matters;

  1. The Act creates a light handed regulatory regime for electronic transactions.
  2. It facilitates the development of e-commerce in Uganda by broadly removing existing legal impediments that may prevent a person from transacting electronically because of omission in the traditional laws.
  3. It makes provision for functional equivalence, thus paper transactions and electronic transactions are treated equally before the law.
  4. Establishes rules that validate and recognizes contracts formed through electronic means
  5. Sets default rules for contract formation and governance of electronic contract performance
  6. Defines the characteristics of a valid electronic writing and an original document
  7. Supports the admission of computer evidence in courts and arbitration proceedings

THE COMPUTER MISUSE ACT, 2011

This makes provision for the safety and security of electronic transactions and information systems. It makes provision for the safety and security of electronic transactions and information systems; prevent unlawful access, abuse or misuse of information systems by including computers (and electronic devices like mobile phones ) and make provision for securing the conduct of electronic transactions in a trustworthy electronic environment and to provide for other related matters.

  1. The Act takes cognizance of the fact that all computer operations are susceptible to computer crimes and our current legal system does not recognize computer crimes thus the importance of a legislation to provide for computer crimes.
  2. It creates several computer misuse offences e.g. unauthorized modification of computer material
  3. Lays down mechanisms for investigation and prosecution of the offences.

THE ROLE OF NITA-U

  • NITA-U will develop standards for the design and implementation of Public Key Infrastructure (PKI) for the country. This will;
  • Provide the necessary platform to protect government transactions.
  • Provide for verification of Certificate Authorities for businesses and other private sector organizations.
  • NITA-U will support the National Information Security Strategy (NISS) that is being implemented by the Ministry of Internal Affairs.
  • The establishment of a National Computer Incident Response Team to offer cyber security expertise to the Government, businesses and private sector in cooperation with other international Cyber Security organizations.
  • The establishment of a competent IT security work force for all Government Ministries, Departments and Agencies.
  • Provide advisory services to the Law enforcing agencies of Government that handle Cyber Crime in areas like forensic investigation, evidence preservation and presentation in Courts of Law.

NITA-U ACT, 2009

 

 

 

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