Electronic Transactions Act, 2011
Uganda
Part V – Limitation of liability of service providers
29.
Liability of a service provider
(1)
(2)
(3)
30.
A service provider shall not be subject to civil or criminal liability in respect of third-party material
which is in the form of electronic records to which he or she merely provides access if the liability is
founded on—
(a)
the making, publication, dissemination or distribution of the material or a statement made
in the material; or
(b)
the infringement of any rights subsisting in or in relation to the material.
This section shall not affect—
(a)
an obligation in a contract;
(b)
the obligation of a network service provider under a licencing or regulatory framework which
is established by law; or
(c)
an obligation which is imposed by law or a court to remove, block or deny access to any
material.
For the purposes of this section, provides access, in relation to third-party material, means
providing the necessary technical means by which third-party material may be accessed and
includes the automatic and temporary storage of the third-party material for the purpose of
providing access.
Information location tools
Where a service provider refers or links users to a data message containing an infringing data message or
infringing activity, the service provider is not liable for damage incurred by the user if the service provider
—
31.
(a)
does not have actual knowledge that the data message or an activity relating to the data message is
infringing the rights of the user;
(b)
is not aware of the facts or circumstances from which the infringing activity or the infringing nature
of the data message is apparent;
(c)
does not receive a financial benefit directly attributable to the infringing activity; or
(d)
removes or disables access to the reference or link to the data message or activity within a
reasonable time after being informed that the data message or the activity relating to the data
message infringes the rights of the user.
Notification of infringing data message or activity
(1)
A person who complains that a data message or an activity relating to the data message is unlawful
shall notify the service provider or his or her designated agent in writing and the notification shall
include—
(a)
the full name and address of the person complaining;
(b)
the written or electronic signature of the person complaining;
(c)
the right that has allegedly been infringed;
(d)
a description of the material or activity which is alleged to be the subject of infringing
activity;
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