Electronic Transactions Act, 2011
Uganda
Part II – Facilitating electronic transactions
5.
Legal effect of electronic records
(1)
Information shall not be denied legal effect, validity or enforcement solely on the ground that it is
wholly or partly in the form of a data message.
(2)
Information incorporated into a contract that is not in the public domain is regarded as having been
incorporated into a data message if the information is—
(3)
(a)
referred to in a way that a reasonable person would have noticed the reference to the
information or incorporation in the contract; and
(b)
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.
Where—
(a)
an act;
(b)
a document; or
(c)
information,
is required to be in writing, produced, recorded or retained, it may be written, produced, recorded or
retained in electronic form.
(4)
6.
For purposes of subsection (3) the requirement for a document or information to be in writing is
fulfilled if the document or information is—
(a)
in the form of a data message; and
(b)
accessible in a manner which is usable for subsequent reference.
Use of electronic signature
Where a law requires a signature or provides for consequences where a document is not signed, the
requirement is fulfilled if an electronic signature is used.
7.
Authenticity of data message
(1)
(2)
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
(b)
that information is capable of being displayed or produced to the person to whom it is to be
presented.
For the purposes of subsection 1(a), the authenticity of a data message shall be assessed—
(a)
by considering whether the information has remained complete and unaltered, except
for the addition of an endorsement and any change which arises in the normal course of
communication, storage or display;
(b)
in light of the purpose for which the information was generated; and
(c)
having regard to all other relevant circumstances.
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