Electronic Transactions Act, 2011 (b) 18. Uganda 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. 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) (2) (3) (4) 20. A data message is attributed to the person who originated the data message if the message is sent by— (a) the person originating the message; (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 (c) an information system which is programmed by the person originating the message or on behalf of the person originating the message to operate automatically unless it is proved that the information system did not execute the programming properly. The addressee shall regard a data message as sent by the originator and to act on that assumption if — (a) in order to ascertain whether the data message is sent by the person originating the message, the addressee properly applies a method previously agreed to by the person originating the message for that purpose; (b) the data message received by the addressee resulted from the action of a person whose relationship with the originator enabled the person to gain access to a method used by the originator to identify electronic records as records of the originator; or (c) the data message is sent by an agent of the originator. Subsection (2) shall not apply where— (a) the addressee receives notice from the originator that the originator did not send the data message; (b) the addressee knows or ought to have known, had he or she exercised reasonable care or used the agreed method, that the data message was not sent by the originator; or (c) 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. This section shall not affect the law of agency or the law on formation of contracts. Acknowledgement of receipt of data message (1) Subject to this section, an acknowledgement of receipt of a data message is not necessary to give legal effect to the data message. (2) Where the originator specifies that the data message is conditional on receipt of the acknowledgement, the data message is taken as not sent, until the acknowledgement is received by the originator. (3) Where the originator specifies that the data message is conditional on receipt of an acknowledgement and the acknowledgement is not received by the originator within the time By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9

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