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A stakeholders’ consultative workshop was held by the National Information Technology Authority – Uganda (NITA-U) to the review among other items, the draft regulations for the Electronic Transactions Act and the Electronic Signatures Act.
The workshop was opened by Hon. Ruhakana Rugunda (Dr.) – Minister of Information and Communications Technology (MoICT) whereas the keynote address was delivered by Hon. Amelia Kyambadde (MP) – Minister of Trade, Industry and Cooperatives.
In a bid to promote expansive application and utilization of online delivery of services and sharing of information across government, Cabinet in 2011 passed three (3) cyber laws, namely the Electronic Transactions Act (ETA), the Electronic Signatures Act (ESA) and the Computer Misuse Act.
With the financial support from the Ministry of Trade, Industry and Cooperatives under the Economic Partnership Agreement and Trade-related Public Sector Support Programme (EPATAPSS), the Ministry of Information and Communications Technology (MoICT) together with the National Information Technology Authority Uganda embarked on the process of developing regulations to operationalize the ETA and ESA. MoICT collaborated with the Ministry of Trade, Industry and Cooperatives, having observed the enabling role that ICT can play towards trade promotion and industrial development. As a matter of fact, these laws are also referred to as the E-Commerce laws. They are aimed at facilitating the proliferation of commerce and trade using the online/Internet medium.
The Minister of ICT said, “It is not enough to pass a policy or enact a law. In order to give effect to the laws, other legal instruments are needed in form of regulations. In normal practice, regulations prescribe the details of implementation of the law (Bill or Act). Similarly, the Regulations for Electronic Transactions, Electronic Signatures and NITA-U Acts are needed to give effect to these important set of laws (cyber laws) that were enacted in 2011. In the same vein, Government in 2009 in a bid to improve efficient and effective delivery of IT services in government, established the NITA-U under NITA-U Act 2009 and empowered the Minister of ICT to develop regulations under the same Act. The regulations will empower NITA U to enforce standards and regulation for many areas including the IT profession and IT training, the National Data Bank and also regulate the manner of settling or handling IT disputes referred to the Authority.”
The Solicitor General reviewed the Draft regulations for the Electronic Signatures Act and the NITA U Act prepared by the consultants. Since the regulations will impact on a cross-section of stakeholders and a great number of enterprises, it was thought necessary to organize this consultative workshop to obtain stakeholders views and recommendations on the draft regulations.
Other stakeholders who have played a key role right from the formulation of the cyber laws through to development of these regulations include but not limited to the following: Uganda Law Reform Commission, Ministry of Trade, Industry and Cooperatives, the Ministry of Justice and Constitutional Affairs (MoJCA), the Solicitor General as well as members of the Think Tank Team - a multi institutional team tasked with the role of developing of the Regulations and finalizing the operationalization of the Cyber Laws; and the Consultants that developed the Draft Regulations.
The set of draft regulations that were discussed are:
a) Electronic Transactions regulations 2012;
b) Electronic Signatures regulations 2012;
c) Uganda Databank Regulations 2012;
d) NITA-U Arbitration Regulations 2012; and
e) Uganda IT Professionals & Training Regulations 2012.
The Minister of ICT also reiterated the commitment by the NRM government to the application of ICTs for effective service delivery. He further mentioned that the Government would continue to pursue a private sector-led strategy towards the promotion and development of the national ICT infrastructure and services. That way, the government will focus on creating an enabling environment to private sector participation including passing regulations for operationalizing of the cyber laws and establishment of Public Key Infrastructure (PKI) to facilitate secure e-Government transactions.
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