THE REPUBLIC OF UGANDA

THE ELECTRONIC SIGNATURES ACT, 2010

the REPUBLIC OF UGANDA

I SIGNIFY myassent to the bill

Date of assent:... 17^th/02/2011

Act                                           Electronic Signatures Act                                        2010

THE ELECTRONIC SIGNATURES ACT, 2010.

ARRANGEMENT OF SECTIONS Fart I—Preliminary

Section.

1. Commencement
2. Interpretation
3. Equal treatment of signature technologies

Part II—Electronic Signatures

1. Compliance with a requirement for a signature.
2. Conduct of the signatory*
3. Variation by agreement.
4. Conduct of the relying party.
5. Trustworthiness.
6. Conduct of the certification service provider.

10. Advanced signatures.

1 1. Secure electronic signature,

1. Presumptions relating to secure and advanced electronic signatures.

Part HI—Secure Digital Signatures

1. Secure digital signatures.
2. Satisfaction of signature requirements*

15.    Unreliable digital signatures.

1. Digitally signed document taken to be written document.
2. Digitally signed document deemed to be original document.
3. Authentication of digital signatures,
4. Presumptions in adjudicating disputes.

Part IV—-Public Key Infrastructure

1. Sphere of application.
2. Designation of Controller.
3. certification service providers to be licensed.
4. Qualifications of certification service providers.
5. Functions of licensed certification service providers.
6. Application for licence.
7. Grant or refusal of licence.
8. Revocation of licence.

28.    Appeal

Act

Electronic Signatures Act

2010

Section.

29-

Surrender of licence.

30.

Effect of revocation, surrender or expiry of licence.

31.

Effect of lack of licence.

32.

Return of licence.

33.

Restricted licence.

34,

Restriction on use of expression “certification service provider'".

35.

Renewal of licence.

36.

Lost licence

37.

Recognition of other licenses.

3S,

Performance audit.

39.

Activities of certification service providers.

40.

Requirement to display licence.

41.

Requirement to submit information on business operations.

42.

Notification of change of information.

43.

Use of trustworthy systems.

44.

Disclosures on inquiry.

45.

Prerequisites to issue of certificate to subscriber.

46.

Publication of issued and accepted certificate.

47.

Adoption of more rigorous requirements permitted.

43.

Suspension or revocation of certificate for faculty issuance.

49.

Suspension or revocation of certificate by order.

50.

Warranties to subscriber.

51.

Continuing obligations to subscriber.

52.

Representations upon issuance.

53.

Representations upon publications.

54.

Implied representations by subscriber.

55.

Representations by agent of subscriber.

56.

Disclaimer or indemnity limited.

57.

Indemnification of certification service provider by subscriber

5S,

Certification of accuracy of information given

59.

Duty of subscriber to keep private key secure

60.

Property in private key

61.

Fiduciary duty of a certification service provider

62.

Suspension of certificate certification service provider

63-

Suspension of certificate by Controller

64.

Notice of suspension

65.

Termination of suspension initiated by request

Act

Electronic Signatures Act

2010

Section.

66.

Alternate contractual procedures

67.

Effect of suspension of certificate

68,

Revocation of request

69.

Revocation on subscriber’s demise

70.

Revocation of unreliable certificates

71.

Notice of revocation

72.

Effect of revocation request on subscriber

73.

Effect of notification on certification service provider

74.

Expiration of certificate

75.

Reliance limit

76.

Liability limits for certification service providers

77.

Recognition of repositories

78.

Liability of repositories

79.

Recognition of date/time stamp services

Part V—Miscellaneous

80.

Prohibition against dangerous activities

81.

Obligation of confidentiality

82.

False information

83.

Offences by body corporate

84.

Authorised officer

85.

Power to investigate

86.

Search by warrant

87.

Scorch and seizure without warrant

88.

Access to computerised data

89.

List of things seized

90.

Obstruction of authorised officer

91.

Additional powers

92.

General penalty

93.

Instruction and conduct of prosecution

94.

Jurisdiction to try offences

95.

Prosecution of officers

96.

Limitation on disclaiming or limiting application of the Act

97.

Regulations

98.

Compensation

99.

Power of Minister to amend First Schedule.

100.

Savings and transitional provisions.

SCHEDULE

Currency point.

Act

Electronic Signatures Act   2010

THE REPUBLIC OF UGANDA

THE ELECTRONIC SIGNATURES ACT, 2010.

An Act to make provision for and to regulate the use of electronic

signatures and to provide for other related matters...

Date of Assent.

Date of Commencement:

Be jt enacted by Parliament as follows:

Part I—Preliminary

1. Commencement

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

statutory instrument

1. Interpretation

In this Act, unless the context otherwise requires—

“accept a certificate” means—

1. to manifest approval of a certificate, while knowing or having notice of its contents; or
2. to apply to a certification service provider for a certificate, without revoking the application by delivering notice of the revocation to the licensed certification service provider and obtaining a signed, written receipt from the certification service provider, if the certification service provider subsequently issues a certificate based on the application;

ActElectronic Signatures Act    2010

“advanced electronic signature” means an electronic signature, which is—

1. uniquely linked to the signatory;
2. reliably capable of identifying the signatory;
3. created using .secure signature creation device that the signatory can maintain; and
4. .. 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 the signature are detectable;

“asymmetric