SigniFlow Software and the Electronic Transactions Act of 2011 and the Electronic Signatures Act of 2011
1. Electronic Signatures in Uganda
The Electronic Transactions Act of 2011 and the Electronic Signatures Act of 2011 permits the use of electronic signatures in Uganda.
“electronic signature” means data in electronic form affixed to or logically associated with a data message, which may be used to identify the signatory in relation to the data message and indicates the signatory's approval of the information contained in the data message; and includes an advanced electronic signature as well as secure signature.
Standard electronic signatures, secure electronic signatures and advanced electronic signatures are widely accepted in Uganda.
2. Legality of Electronic Signatures in Uganda
Section 6 of the Electronic Transactions Act: 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.
SigniFlow Software complies with all aspects for the provisioning of electronic signatures in Uganda as provided for in the Electronic Transactions Act of 2011 as well as the Electronic Signatures Act of 2011.
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“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;
“electronic signature product” means configured hardware or software or relevant components of it, which are intended to be used by a certification service provider for the provision of electronic signature services or are intended to be used for the creation or verification of electronic signatures;
The ETA (Electronic Transactions Act) and ESA (Electronic Signatures Act) makes it clear that 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.
Section 3 of the ESA. Equal treatment of signature technologies.
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 4 of the ESA. Compliance with a requirement for a signature.
(1) 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.
(2) 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.
(3) An electronic signature is considered to be reliable for the purpose of satisfying the requirement referred to in subsection (1) if—
(a) the signature creation data are, within the context in which they are used, linked to the signatory and to no other person;
(b) the signature creation data were, at the time of signing, under the control of the signatory and of no other person;
(c) any alteration to the electronic signature, made after the time of signing, is detectable; and
(d) where a purpose of legal requirement for a signature is to provide assurance as to the integrity of the information to which it relates, any alteration made to that information
after the time of signing is detectable.
(4) Subsection (3) does not limit the liability of any person—
(a) to establish in any other way, for the purpose of satisfying the requirement referred to in subsection (1),the reliability of an electronic signature; or
(b) to adduce evidence of the non-reliability of an electronic signature.
Where an advanced electronic signature is used as a valid signature, that signature shall be treated as a valid electronic signature and to have been applied properly, unless the contrary is proved.
Section 10 of the ESA. Advanced signatures.
(1) 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.
(2) The advanced signature verification process shall ensure that—
(a) the data used for verifying the electronic signature correspond to the data displayed to the verifier;
(b) the signature is reliably verified and the result of the verification and identity of the certificate holder is correctly displayed to the verifier;
(c) the verifier can reliably establish the contents of the signed data;
(d) the authenticity and validity of the certificate required at the time of signature verification are verified;
(e) the use of a pseudonym is clearly indicated;
(f) any security-relevant changes can be detected.
11. Secure electronic signature.
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—
(a) the signature creation data used for signature creation is unique and its secrecy is reasonably assured;
(b) it was capable of being used to objectively identify that person;
(c) 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;
(d) 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;
(e) the signatory can reliably protect his or her signature creation data from unauthorised access.
12. Presumptions relating to secure and advanced electronic signatures.
(1) 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.
(2) In any civil proceedings involving a secure or advanced electronic signature, the following shall be presumed unless the contrary is proved—
(a) the secure or advanced electronic signature is the signature of the person to whom it correlates; and
(b) the secure or advanced electronic signature was affixed by that person with the intention of signing or approving the electronic record.
(3) 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.
(4) 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 that the non-existence of the presumed fact is more.
Documents which cannot be signed electronically:
- Will or codicil;
- Trust created by a will or codicil;
- Power of attorney;
- Document that creates or transfers an interest in property and requires registration to be effective against third parties; and
- Negotiable instruments, including negotiable documents of title.
Disclaimer
The information in this document is provided for general informational purposes only and is the opinion of the author only. No information contained in this document should be construed as legal advice from SigniFlow or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this document should act or refrain from acting on the basis of any information included in, or accessible through, this document without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.
