Electronic Signatures Act

Section Commencement Section This Act shall come into force on a date appointed by the Minister by statutory instrument.

Section Interpretation Section In this Act , unless the context otherwise requires— " accept a certificate " means— (a) to manifest approval of a certificate , while knowing or having notice of its contents; or (b) to apply to a certification service provider for a certificate , without revoking the application by delivering notice of the revocation to the licensed certification service provider and obtaining a signed , written receipt from the certification service provider , if the certification service provider subsequently issues a certificate based on the application; " advanced electronic signature " means an electronic signature , which is— (a) uniquely linked to the signatory ; (b) reliably capable of identifying the signatory ; (c) created using secure signature creation device that the signatory can maintain; and (d) linked to the data to which it relates in such a manner that any subsequent change of the data or the connections between the data and the signature are detectable; " asymmetric cryptosystem " means an algorithm or series of algorithms, which provide a secure key pair ; " authorised officer " means the Controller or a police officer or a public officer perfor...

Section Equal treatment of signature technologies Section Nothing in this Act shall be applied so as to exclude, restrict or deprive of legal effect any method of creating an electronic signature that satisfies the requirements for a signature in this Act or otherwise meets with the requirements of any other applicable law.

Section Advanced signatures Section The advanced signature verification process shall ensure that— An advanced electronic signature , verified with a qualified certificate , is equal to an autographic signature in relation to data in electronic form and has therefore equal legal effectiveness and admissibility as evidence. the data used for verifying the electronic signature correspond to the data displayed to the verifier; the signature is reliably verified and the result of the verification and identity of the certificate holder is correctly displayed to the verifier; the verifier can reliably establish the contents of the signed data; the authenticity and validity of the certificate required at the time of signature verification are verified; the use of a pseudonym is clearly indicated; any security-relevant changes can be detected.

Section Secure electronic signature Section Where, through the application of a prescribed security procedure or a commercially reasonable security procedure agreed to by the parties involved, an electronic signature is executed in a trustworthy manner, reasonably and in good faith relied upon by the relying party , that signature shall be treated as a secure electronic signature at the time of verification to the extent that it can be verified that the electronic signature satisfied, at the time it was made, the following criteria— the signature creation data used for signature creation is unique and its secrecy is reasonably assured; it was capable of being used to objectively identify that person ; it was created in a manner or using a means under the sole control of the person using it, that cannot be readily duplicated or compromised; it is linked to the electronic record to which it relates in such a manner that if the record was changed to electronic signature would be invalidated; the signatory can reliably protect his or her signature creation data from unauthorised access.

Section Presumptions relating to secure and advanced electronic signatures Section In any civil proceedings involving a secure or advanced electronic signature , the following shall be presumed unless the contrary is proved— In any civil proceedings involving a secure electronic record, it shall be presumed, unless the contrary is proved, that the secure or advanced electronic record has not been altered since the specific point in time to which the secure status relates. the secure or advanced electronic signature is the signature of the person to whom it correlates; and the secure or advanced electronic signature was affixed by that person with the intention of signing or approving the electronic record. In the absence of a secure or advanced electronic signature , nothing in this Part shall create any presumption relating to the authenticity and integrity of the electronic record or an electronic signature . The effect of presumptions provided in this section is to place on the party challenging the genuineness of a secure or advanced electronic signature both the burden of going forward with evidence to rebut the presumption and the burden of persuading the court of the fact th...

Section Compliance with a requirement for a signature Section An electronic signature is considered to be reliable for the purpose of satisfying the requirement referred to in subsection (1) if— Subsection (3) does not limit the liability of any person — Where the law requires a signature of a person , that requirement is met in relation to a data message if an electronic signature is used which is as reliable as was appropriate for the purpose for which the data message was generated or communicated, in light of all the circumstances, including any relevant agreement. Subsection (1) applies whether the requirement referred to in that subsection in the form of an obligation or whether the law simply provides consequences for the absence of a signature. the signature creation data are, within the context in which they are used, linked to the signatory and to no other person ; the signature creation data were, at the time of signing, under the control of the signatory and of no other person ; any alteration to the electronic signature , made after the time of signing, is detectable; and where a purpose of legal requirement for a signature is to provide assurance as to the integrity o...

Section Conduct of the signatory Section Where signature creation data can be used to create a signature that has legal effect, each signatory shall— without undue delay, notify any person that may reasonably be expected by the signatory to rely on or to provide services in support of the electronic signature if— exercise reasonable care to avoid unauthorised use of its signature creation data; the signatory knows that the signature creation data have been compromised; or the circumstances known to the signatory give rise to a substantial risk that the signature creation data may have been compromised; where a certificate is used to support the electronic signature , exercise reasonable care to ensure the accuracy and completeness of all material representations made by the signatory which are relevant to the certificate throughout its life-cycle or which are to be included in the certificate .

Section Variation by agreement Section The provisions of this Act may be derogated from or their effect may be varied by agreement unless that agreement would not be valid or effective under any law.

Section Conduct of the relying party Section A relying party shall bear the legal consequences of his or her failure to— where an electronic signature is supported by a certificate , take reasonable steps— take reasonable steps to verify the reliability of an electronic signature ; or to verify the validity, suspension or revocation of the certificate ; and to observe any limitation with respect to the certificate .

Section Trustworthiness Section When determining whether or to what extent any systems procedures and human resources utilised by a certification service provider are trustworthy, regard may be had to the following factors— financial and human resources, including existence of assets; quality of hardware and software systems; procedure for processing of certificates and applications for certificates and retention of records; availability of information to signatories identified in certificates and to potential relying parties; regularity and extent of audit by an independent body; the existence of a declaration by the state, an accreditation body or the certification service provider regarding compliance with or existence of the foregoing; or any other relevant factor.

Section Conduct of the certification service provider Section Where a certification service provider provides services to support an electronic signature that may be used for legal effect as a signature, that certification service provider shall— provide reasonably accessible means which enable a relying party to ascertain from the certificate — provide reasonably accessible means which enable a relying party to ascertain, where relevant, from the certificate or otherwise— act in accordance with representations made by it with respect to its policies and practices; exercise reasonable care to ensure the accuracy and completeness of all material representations made by it that are relevant to the certificate throughout its life-cycle or which are included in the certificate ; the identity of the certification service provider ; that the signatory that is identified in the certificate had control of the signature creation data at the time when the certificate was issued; that signature creation data were valid at or before the time when the certificate was issued; the method used to identify the signatory ; any limitation on the purpose or value for which the signature creation data...

Section Secure digital signatures Section When a portion of an electronic record is signed with a digital signature the digital signature shall be treated as a secure electronic signature in respect of that portion of the record, if— the certificate is considered trustworthy, in that it is an accurate binding of a public key to a person ’s identity because— the digital signature was created during the operational period of a valid certificate and is verified by reference to a public key listed in the certificate ; and the certificate was issued by a certification service provider operating in compliance with regulations made under this Act ; the certificate was issued by a certification service provider outside Uganda recognised for the purpose by the Controller pursuant to regulations made under this Act ; the certificate was issued by a department or ministry of the Government, an organ of state of statutory corporation approved by the minister to act as a certification service provider on such conditions as the regulations may specify; or the parties have expressly agreed between themselves to use digital signatures as a security procedure and the digital signature was properly...

Section Satisfaction of signature requirements Section Where a rule of law requires a signature or provides for certain consequences in the absence of a signature, that rule shall be satisfied by a digital signature where— the recipient has no knowledge or notice that the signer— Notwithstanding any written law to the contrary— that digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification service provider ; that digital signature was affixed by the signer with the intention of signing the message ; and has breached a duty as a subscriber ; or does not rightfully hold the private key used to affix the digital signature . a document signed with a digital signature in accordance with this Act shall be as legally binding as a document signed with a handwritten signature, an affixed thumbprint or any other mark; and a digital signature created in accordance with this Act shall be taken to be a legally binding signature. Nothing in this Act shall preclude a symbol from being valid as a signature under any other applicable law.

Section Unreliable digital signatures Section Unless otherwise provided by law or contract, the recipient of a digital signature assumes the risk that a digital signature is forged, if reliance on the digital signature is not reasonable under the circumstances. Where the recipient decides not to rely on a digital signature under this section, the recipient shall promptly notify the signer of its determination not to rely on a digital signature and the grounds for that determination.

Section Digitally signed document taken to be written document Section A message shall be as valid, enforceable and effective as if it had been written on paper if— that digital signature is verified by the public key listed in a certificate which— it bears in its entirety a digital signature ; and was issued by a licensed certification service provider ; and was valid at the time the digital signature was created. Nothing in this Act shall preclude any message , document or record from being considered written or in writing under any other applicable law.

Section Digitally signed document deemed to be original document Section A copy of a digitally signed message shall be as valid, enforceable and effective as the original of the message unless it is evident that the signer designated an instance of the digitally signed message to be a unique original, in which case only that instance constitutes the valid, enforceable and effective message .

Section Authentication of digital signatures Section A certificate issued by a licensed certification service provider shall be an acknowledgement of a digital signature verified by reference to the public key listed in the certificate , regardless of whether words of an express acknowledgement appear with the digital signature and regardless of whether the signer physically appeared before the licensed certification service provider when the digital signature was created, if that digital signature is— verifiable by that certificate ; and was affixed when that certificate was valid.

Section Presumptions in adjudicating disputes Section In adjudicating a dispute involving a digital signature , a court shall presume— that a certificate digitally signed by a licensed certification service provider and— that where the public key verifies a digital signature listed in a valid certificate issued by a licensed certification service provider — the recipient of that digital signature has no knowledge or notice that the signer— published in a recognised repository ; or made available by the issuing licensed certification service provider or by the subscriber listed in the certificate , is issued by the licensed certification service provider which digitally signed it and is accepted by the subscriber listed in it; that the information listed in a valid certificate and confirmed by a licensed certification service provider issuing the certificate is accurate; that digital signature is the digital signature of the subscriber listed in that certificate ; that digital signature was affixed by that subscriber with the intention of signing the message ; and has breached a duty as a subscriber ; or does not rightfully hold the private key used to affix the digital signature ;...

Section Sphere of application Section This Part applies to digital signatures or signatures that are able to use the public key infrastructure (PKI).

Section Controller Section The Controller shall, in particular be responsible for monitoring and overseeing the activities of certification service providers and shall perform the functions conferred on the Controller under this Act . The Controller shall exercise its functions under this Act subject to such directions as to the general policy guidelines as may be given by the Minister . The Controller shall maintain a publicly accessible database containing a certification service provider disclosure record for each certification service provider , which shall contain all the particulars required under regulations made under this Act . The Controller shall publish the contents of the database in at least one recognised repository .

Section Certification service providers to be licensed Section A person shall not carry on or operate or hold himself out as carrying on or operating, as a certification service provider unless that person has a valid licence issued under this Act . A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred and forty currency points or imprisonment not exceeding ten years or both; and in the case of a continuing offence is in addition liable to a daily fine not exceeding ten currency points for each day the offence continues. The Minister may, on an application in writing being made in accordance with this Act , exempt a person operating as a certification service provider within an organisation from the requirement of a licence under this section where certificates and key pairs are issued to members of the organisation for internal use only; but the Minister shall not delegate that power to the Controller . The liability limits specified in Part IV shall not apply to an exempted certification service provider and Part V shall not apply in relation to a digital signature verified by a certificate issued by an exempt...

Section Qualifications of certification service providers Section The Minister in consultation with National Information Technolology Authority-Uganda shall, by regulations made under this Act , prescribe the qualifications required for certification service providers. The Minister in consultation with National Information Technolology Authority-Uganda may vary or amend the qualifications prescribed under subsection (1) but any such variation or amendment shall not be applied to a certification service provider holding a valid licence under this Act until the expiry of that licence.

Section Functions of licensed certification service providers Section The function of a certification service provider shall be to issue a certificate to a subscriber upon application and upon satisfaction of the certification service providers requirements as to the identity of the subscriber to be listed in the certificate and upon payment of the prescribed fees and charges. The certification service provider shall, before issuing a certificate under this Act , take all reasonable measures to check for proper identification of the subscriber to be listed in the certificate .

Section Application for licence Section An application for a licence under this Act shall be made in writing to the Controller in such form as may be prescribed . An application under subsection (1) shall be accompanied by such documents or information as may be prescribed and the Controller may, at any time after receiving the application and before it is determined, require the applicant to provide such additional documents or information as may be considered necessary by the Controller for the purposes of determining the suitability of the applicant for the licence. Where any additional document or information required under subsection (2) is not provided by the applicant within the time specified in the requirement or any extension granted by the Controller , the application shall be taken to be withdrawn and shall not be further proceeded with, without prejudice to a fresh application being made by the applicant.

Section Grant or refusal of licence Section The Controller shall, on an application having been duly made in accordance with section 25 and after being provided with all the documents and information as he may require, consider the application and when he or she is satisfied that the applicant is a qualified certification service provider and a suitable licensee and upon payment of the prescribed fee, grant the licence with or without conditions or refuse to grant a licence. A licence granted under subsection (1) shall set out the duration of the licence and the licence number. The terms and conditions imposed under the licence may at any time be varied for just cause or amended by the Controller but the licensee shall be given a reasonable opportunity of being heard. The Controller shall notify the applicant in writing of his or her decision to grant or refuse to grant a licence within thirty days of receiving the application.

Section Revocation of licence Section The Controller may revoke a licence granted under section 26 if satisfied that— the certification service provider has failed to comply with an obligation imposed upon it by or under this Act ; the certification service provider has contravened any condition imposed under the licence, any provision of this Act or any other written law; the certification service provider has, either in connection with the application for the licence or at any time after the grant of the licence, provided the Controller with false, misleading or inaccurate information or a document or declaration made by or on behalf of the certification service provider or by or on behalf of a person who is or is to be a director, Controller or manager of the licensed certification service provider which is false, misleading or inaccurate; the certification service provider is carrying on its business in a manner which is prejudicial to the interest of the public or to the national economy; the certification service provider has insufficient assets to meet its liabilities; a winding up order has been made against the licensed certification service provider or a resolution for it...

Section Appeal Section A person who is aggrieved by— the refusal of the Controller to license a certification service provider under section 26 or to renew a licence under section 35 ; or the revocation of a licence under section 27 , The Minister shall, upon receipt of the appeal respond within thirty days. A person not satisfied with the Minister 's decision may appeal to the High Court.

Section Surrender of licence Section A certification service provider may surrender its licence by forwarding it to the Controller with a written notice of its surrender. The surrender shall take effect on the date the Controller receives the licence and the notice under subsection (1) or where a later date is specified in the notice, on that date. The licensed certification service provider shall, not later than fourteen days after the date referred to in subsection (2), cause the surrender to be published in the certification service provider disclosure record of the certification service provider concerned and advertised in at least two English language national daily newspapers for at least three days consecutive.

Section Effect of revocation, surrender or expiry of licence Section Where the revocation of a licence under section 27 or its surrender under section 29 has taken effect or where the licence has expired, the licensed certification service provider shall immediately cease to carry on or operate any business in respect of which the licence was granted. Notwithstanding subsection (1), the Minister may, on the recommendation of the Controller , authorise the licensed certification service provider in writing to carry on its business for such duration as the Minister may specify in the authorisation for the purpose of winding up its affairs. Notwithstanding subsection (1), a licensed certification service provider whose licence has expired shall be entitled to carry on its business as if its licence had not expired upon proof being submitted to the Controller that the licensed certification service provider has applied for a renewal of the licence and that such application is pending determination. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding seventy two currency points or to imprisonment not exceeding ten years or bot...

Section Effect of lack of licence Section The liability limits specified in Part IV shall not apply to unlicensed certification service providers. Part V shall not apply in relation to an electronic signature , which cannot be verified by a certificate issued by a licensed certification service provider . In any other case, unless the parties expressly provide otherwise by contract between themselves, the licensing requirements under this Act shall not affect the effectiveness, enforceability or validity of any digital signature .

Section Return of licence Section Where the revocation of a licence under section 27 has taken effect or where the licence has expired and no application for its renewal has been submitted within the period specified or where an application for renewal has been refused under section 35 , the licensed certification service provider shall within fourteen days return the licence to the Controller . A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding seventy two eight currency points or to imprisonment not exceeding three years or to both and in the case of a continuing offence shall in addition be liable to a daily fine not exceeding five currency points for each day the offence continues and the court shall retain the licence and forward it to the Controller .

Section Restricted licence Section The Controller may classify licences according to specified limitations including— maximum number of outstanding certificates; cumulative maximum of recommended reliance limits in certificates issued by the licensed certification service provider ; and issuance only within a single firm or organisation. The Controller may issue licences restricted according to the limits of each classification. A licensed certification service provider that issues a certificate exceeding the restrictions of its licence commits an offence. Where a licensed certification service provider issues a certificate exceeding the restrictions of its licence, the liability limits specified in Part IV shall not apply to the licensed certification service provider in relation to that certificate . Nothing in subsection (3) or (4) shall affect the validity or effect of the issued certificate .

Section Restriction on use of expression "certification service provider" Section Except with the written consent of the Controller , a person shall not being a licensed certification service provider , assume or use the expressions " certification service provider " or " licensed certification service provider ", as the case may be or any derivative of those expressions in any language or any other words in any language capable of being construed as indicating the carrying on or operation of such business, in relation to the business or any part of the business carried on by that person or make any representation to that effect in any bill head, letter, paper, notice, advertisement or in any other manner. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred sixty eight currency points or to imprisonment not exceeding seven years or to both.

Section Renewal of licence Section A licensed certification service provider shall submit an application to the Controller in such form as may be prescribed for the renewal of its licence at least thirty days before the date of expiry of the licence and the application shall be accompanied by such documents and information as may be required by the Controller . The prescribed fee shall be payable upon approval of the application. Where a licensed certification service provider has no intention of renewing its licence, the licensed certification service provider shall, at least thirty days before the expiry of the licence, publish the intention in the certification service provider disclosure record of the certification service provider concerned and advertise such intention in at least two English language national daily newspapers for at least five consecutive days. Without prejudice to any other grounds, the Controller may refuse to renew a licence where the requirements of subsection (1) have not been complied with.

Section Lost license Section Where a certification service provider has lost its license, it shall immediately notify the Controller in writing of the loss. The certification service provider shall, as soon as practicable, submit an application for a replacement license accompanied by all such information and documents as may be required by the Controller together with the prescribed fee.

Section Recognition of other licenses Section Where a license or other authorisation of an entity is recognised under subsection (1)— The Controller may recognise, by order published in the Gazette , certification service providers licensed or otherwise authorised by entities outside Uganda that satisfy the prescribed requirements. the recommended reliance limit , if any, specified in a certificate issued by the certification service provider licensed or otherwise authorised by such an entity shall have effect in the same manner as a recommended reliance limit specified in a certificate issued by a certification service provider of Uganda; and Part IV shall apply to the certificates issued by the certification service provider licensed or otherwise authorised by such entity in the same manner as it applies to a certificate issued by a certification service provider of Uganda.

Section Performance audit Section The operations of a certification service provider shall be audited a least once a year to evaluate its compliance with this Act . The audit shall be carried out by an internationally recognised computer security professional or a certified public accountant having expertise in the relevant field. The qualifications of the auditors and the procedure for an audit shall be as may be prescribed by regulations made under this Act . The Controller shall maintain and publish , the date and result of the audit in the certification service provider disclosure record he or she maintains for the certification service provider concerned.

Section Activities of certification service providers Section A certification service provider shall only carry on such activities as may be specified in its license. A certification service provider shall carry on its activities in accordance with this Act and any regulations made under this Act .

Section Requirement to display license Section A certification service provider shall at all times display its license in a conspicuous place at its place of business and on its website.

Section Requirement to submit information on business operations Section A licensed certification service provider shall submit to the Controller such information and particulars including financial statements, audited balance sheets and profit and loss accounts relating to its entire business operations as may be required by the Controller within the time he or she may determine. A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both and in the case of a continuing offence shall in addition be liable to a daily fine not exceeding two currency points for each day the offence continues.

Section Notification of change of information Section A certification service provider shall, before making an amendment or alteration to any of its constituent documents or before any change in its director or chief executive officer, furnish the Controller particulars in writing of any proposed amendment, alteration or change. A licensed certification service provider shall immediately notify the Controller of any amendment or alteration to any information or document which has been furnished to the Controller in connection with the licence.

Section Use of trustworthy systems Section A certification service provider shall only use a trustworthy system — to issue, suspend or revoke a certificate ; to publish or give notice of the issuance, suspension or revocation of a certificate ; and to create a private key , whether for itself or for a subscriber . A subscriber shall only use a trustworthy system to create a private key .

Section Disclosures on inquiry Section A certification service provider shall, on an inquiry being made to it under this Act , disclose any material certification practice statement and any fact material to either the reliability of a certificate , which it has issued or its ability to perform its services. A certification service provider may require a signed , written and reasonably specific inquiry from an identified person and payment of the prescribed fee, as conditions precedent to effecting a disclosure required under subsection (1).

Section Prerequisites to issue of certificate to subscriber Section A certification service provider may issue a certificate to a subscriber where the following conditions are satisfied— the certification service provider has confirmed that— the certification service provider has received a request for issuance signed by the prospective subscriber ; and the prospective subscriber is the person to be listed in the certificate to be issued; if the prospective subscriber is acting through one or more agents, the subscriber has duly authorised the agent or agents to have custody of the subscriber ’s private key and to request issuance of a certificate listing the corresponding public key ; the information in the certificate to be issued is accurate; the prospective subscriber rightfully holds the private key corresponding to the public key to be listed in the certificate ; the prospective subscriber holds a private key capable of creating a digital signature ; and the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the prospective subscriber . The requirements of subsection (1) shall not be waived or disclaimed by...

Section Publication of issued and accepted certificate Section Where the subscriber accepts the issued certificate , the certification service provider shall publish a signed copy of the certificate in a recognised repository , as the certification service provider and the subscriber named in the certificate may agree, unless a contract between the certification service provider and the subscriber provides otherwise. Where the subscriber does not accept the certificate , a certification service provider shall not publish it or shall cancel its publication if the certificate has already been published.

Section Adoption of more rigorous requirements permitted Section Nothing in sections 31 and 32 shall preclude a certification service provider from conforming to standards, certification practice statements, security plans or contractual requirements more rigorous than, but nevertheless consistent with, this Act .

Section Suspension or revocation of certificate for faulty issuance Section Where after issuing a certificate a certification service provider confirms that it was not issued in accordance with sections 31 and 32 , the certification service provider shall immediately revoke it. A certification service provider may suspend a certificate which it has issued for a reasonable period not exceeding forty-eight hours as may be necessary for an investigation to be carried out to confirm the grounds for a revocation under subsection (1). The certification service provider shall immediately notify the subscriber of a revocation or suspension under this section.

Section Suspension or revocation of certificate by order Section The Controller may order the certification service provider to suspend or revoke a certificate where the Controller determines that— the certificate was issued without compliance with sections 31 and 32 ; and the non-compliance poses a significant risk to persons reasonably relying on the certificate . Before making a determination under subsection (1), the Controller shall give the licensed certification service provider and the subscriber a reasonable opportunity of being heard. Notwithstanding subsections (1) and (2), where in the opinion of the Controller there exists an emergency that requires an immediate remedy, the Controller may, after consultation with the Minister , suspend a certificate for a period not exceeding forty-eight hours.

Section Warranties to subscriber Section By issuing a certificate , a certification service provider warrants to the subscriber named in the certificate that— the certificate contains no information known to the certification service provider to be false; the certificate satisfies all the requirements of this Act ; and the certification service provider has not exceeded any limits of its licence in issuing the certificate . A certification service provider shall not disclaim or limit the warranties under subsection (1).