Thursday, December 8, 2011

1.0 Introduction

The Uganda Law Reform Commission through its Commercial Justice Reform Project undertook a review and formulation of laws to regulate ICT related matters in the country. Three ICT laws were enacted in 2011 to supplement the National Information Technology Authority, Uganda Act (NITA-U Act), namely the Electronic Transactions Act, the Electronic Signatures Act and the Computer Misuse Act, collectively referred to as ICT laws.

Recognising the fact these ICT laws are the backbone of the regulatory framework for the ICT sector, it is important to provide the enabling regulations that will make it possible for the government to implement the principles that they are meant to achieve. It is also imperative that the laws comply with the United Nations Convention on the Use of Electronic Communications in International Contracts (2005) as well as other international or regional policies or frameworks governing electronic transactions and other attendant matters.

Following the enactment of these ICT laws, the Ministry of ICT, being the promoter of the laws, constituted a Think Tank Team on a multi-institutional basis to strategize on the process of their operationalisation. Due to the complexity of regulatory issues surrounding the operationalisation of these ICT laws, the Think Tank Team sought expert support services of Legal ICT Law and IT experts to facilitate the development of the regulations.

The Consultancy Team in collaboration with the Think Tank is in the process of drafting regulations in relation to digital signatures, and in particular as required by The Electronic Signatures Act (ESA) read with The National Information Technology Authority, Uganda Act (NITA-U Act). In doing so, the team is researching the requirements of the empowering legislation and other related legislation and government policy, as well as looking at relevant international instruments and comparative approaches in other domestic jurisdictions.

A key component of the Team’s assignment is to conduct face to face interviews with key informants from stakeholder institutions and individuals in Uganda to seek their views.

In this light, we would like to discuss some issues with you and get your feedback and advice on the Policy and Legislative Framework, Identification of regulations required, comparative analysis on International Instruments and other similar national and regional jurisdictions.

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