Electronic Transactions Act, 2011
9.
Retention of information or record
(1)
10.
Where a law requires that a document, record or information be retained, the requirement is
fulfilled by retaining the document, record or information in electronic form if—
(a)
the information contained in the electronic record remains accessible and can be used for
subsequent reference;
(b)
the electronic record is retained in the format in which it was originally generated, sent or
received or in a format which can be demonstrated to accurately represent the information
originally generated, sent or received;
(c)
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
(d)
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 person other than the person who
originated the document, record or 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 statutory corporation from
specifying additional requirements for retaining electronic records that are subject to the
jurisdiction of the department or ministry of the Government, or statutory corporation.
Production of document or information
(1)
(2)
11.
Uganda
For purposes of section 5(3), a requirement to produce a document or information is fulfilled if a
person produces the document or information in electronic form if—
(a)
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 maintenance of the integrity of the information contained in that document;
and
(b)
at the time the data message was sent, it was reasonable to expect that the information
contained in the data message would be readily accessible so as to be usable for subsequent
reference.
For the purposes of subsection (1), the authenticity of the information contained in a document is
maintained if the information 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.
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
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