UGANDA
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity not allowed for foreign businesses
The Uganda National Bureau of Standards (UNBS) does all product testing, including that of electronic equipment. Self-certification is not accepted. The Electrical Testing laboratory carries out an analysis of electrical products and appliances to assess their compliance with Ugandan and international standards. There are also fees charged for testing of this equipment.
Furthermore, the importation of goods listed under the Schedule of Compulsory Uganda Standards—including telecom equipment—requires a Pre-Export Verification of Conformity (PVoC) to Standards, as mandated by Section 43, Cap. 327 of the UNBS Act and the Inspection and Clearance of Imports Regulation. Failure to comply with this requirement results in a penalty equivalent to 15% of the CIF value, and a destination inspection by the Uganda National Bureau of Standards (UNBS) is carried out.
The Qmark is recognised by all East African Partner States. Products containing this mark are automatically recognised in another East African Community (EAC) Partner State's conformity assessment or certification of a product by exporting to an EAC Partner State.
Furthermore, the importation of goods listed under the Schedule of Compulsory Uganda Standards—including telecom equipment—requires a Pre-Export Verification of Conformity (PVoC) to Standards, as mandated by Section 43, Cap. 327 of the UNBS Act and the Inspection and Clearance of Imports Regulation. Failure to comply with this requirement results in a penalty equivalent to 15% of the CIF value, and a destination inspection by the Uganda National Bureau of Standards (UNBS) is carried out.
The Qmark is recognised by all East African Partner States. Products containing this mark are automatically recognised in another East African Community (EAC) Partner State's conformity assessment or certification of a product by exporting to an EAC Partner State.
Coverage Electronic equipment
Sources
- https://web.archive.org/web/20230313111255/https://www.unbs.go.ug/content.php?src=electrical-laboratory&pg=content
- https://web.archive.org/web/20231205112344/https://www.unbs.go.ug/e-services/testing-fees/
- https://www.sgs.com/-/media/sgscorp/documents/corporate/brochures/sgs-cp-pca-uganda-datasheet-en.cdn.en.pdf
- https://www.unbs.go.ug/content.php?pg=content&src=imports-inspection-and-clearance-scheme&utm
- https://web.archive.org/web/20211117035322/https://www.unbs.go.ug//attachments/menus/36/QC_OCTOBER_2018.pdf
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UGANDA
Since August 2010
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Regulation of Interception of Communications Act of 2010
The Regulation of Interception of Communications Act of 2010 introduces obligations to intermediaries to collect customer information (names, addresses, ID numbers), install surveillance equipment, and disclose information to authorities when presented with a warrant. However, it has been reported that state security agents violated these provisions in 2018 when they broke into the data centre of a telecommunications provider without a court order. It is also reported that the threshold for issuance of a warrant to be established is very low given that law enforcement must only demonstrate “reasonable” ground for unspecified and broad threats to national security, national economic interests and public safety.
Coverage Intermediaries
Sources
- https://ulii.org/akn/ug/act/2010/18/eng@2010-09-03
- https://web.archive.org/web/20221014082914/http://cipesa.org/?wpfb_dl=454
- https://web.archive.org/web/20230330215812/https://www.amnesty.org/en/wp-content/uploads/2021/07/afr590162010en.pdf
- https://web.archive.org/web/20230330073723/https://www.apc.org/sites/default/files/READY%20-%20Intermediary%20Liability%20in%20Africa_FINAL_0.pdf
- https://web.archive.org/web/20231204130249/https://freedomhouse.org/country/uganda/freedom-net/2022
- https://privacyinternational.org/sites/default/files/2017-12/uganda_upr2016.pdf
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UGANDA
Since March 2011
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act No. 8 of 2011
The Electronic Transactions Act No. 8 of 2011 establishes a safe harbour regime for intermediaries for copyright infringements. According to Section 29 of Act No. 8 of 2011, a service provider is not subject to civil or criminal liability with respect to third-party material, which is in the form of electronic records to which it merely provides access. This is provided that the intermediary is not directly involved in the making, publication, dissemination, or distribution of the material or a statement made in the material or the infringement of any rights subsisting in or in relation to the material. In addition, pursuant to Art. 30 of the Act, service providers are not liable for infringement for referring or linking to a “data message or infringing activity” if the service provider is unaware of the infringement, does not receive financial benefit from the infringement, and “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.”
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20211021112325/https://nita.go.ug/publication/electronic-transactions-act-2011-act-no-8-2011
- https://web.archive.org/web/20231204163938/https://www.apc.org/sites/default/files/READY%20-%20Intermediary%20Liability%20in%20Africa_FINAL.pdf
- https://web.archive.org/web/20220330023444/https://cipesa.org/?wpfb_dl=254
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UGANDA
Since March 2011
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act No. 8 of 2011
The Electronic Transactions Act No. 8 of 2011 establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Section 29 of Act No. 8 of 2011, a service provider is not subject to civil or criminal liability with respect to third-party material, which is in the form of electronic records to which it merely provides access. This is provided that the intermediary is not directly involved in the making, publication, dissemination, or distribution of the material or a statement made in the material or the infringement of any rights subsisting in or in relation to the material. In addition, pursuant to Art. 30 of the Act, service providers are not liable for infringement for referring or linking to a “data message or infringing activity” if the service provider is unaware of the infringement, does not receive financial benefit from the infringement, and “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.”
Coverage Internet intermediaries
Sources
- https://www.nita.go.ug/publication/electronic-transactions-act-2011-act-no-8-2011
- https://web.archive.org/web/20231204163938/https://www.apc.org/sites/default/files/READY%20-%20Intermediary%20Liability%20in%20Africa_FINAL.pdf
- https://web.archive.org/web/20220330023444/https://cipesa.org/?wpfb_dl=254
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UGANDA
Since August 2010
Pillar Intermediary liability |
Indicator User identity requirement
Regulation of Interception of Communications Act of 2010
Section 9 of the Regulation of Interception of Communications Act obliges all telecommunication service providers to ensure that, before they enter into a contract with any person for the provision of telecommunication services, such a person is duly registered. Every person who purchases a SIM card for telecommunications or internet services is required to register their personal details.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231204163938/https://www.apc.org/sites/default/files/READY%20-%20Intermediary%20Liability%20in%20Africa_FINAL.pdf
- https://web.archive.org/web/20231211112800/https://cipesa.org/2017/04/recent-developments-in-telecoms-regulation-threaten-online-rights-in-uganda/
- https://web.archive.org/web/20231201030120/https://privacyinternational.org/state-privacy/1013/state-privacy-uganda
- https://web.archive.org/web/20220210221555/https://chapterfouruganda.org/sites/default/files/downloads/Regulation-of-Interception-of-Communication-Act-2010.pdf
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UGANDA
Since August 2010
Pillar Intermediary liability |
Indicator Monitoring requirement
Regulation of Interception of Communications Act of 2010
The Regulation of Interception of Communications Act of 2010 introduces obligations to intermediaries to install surveillance equipment, assist “the monitoring centre”, and ensure that their services can render real-time interception. Failure to assist the monitoring centre is an offence that, upon conviction, may result in a fine, imprisonment for up to five years, or cancellation of the intermediary license.
Coverage Internet intermediaries
UGANDA
Reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking or filtering of commercial web content
The Ugandan government has been reported to intermittently block access to social media platforms—such as WhatsApp, Facebook, and Twitter—as well as mobile money services during electoral periods, including both before and after the 2016 and 2021 general elections. In 2021, these measures were further expanded to include restrictions on approximately 100 virtual private network (VPN) services. Additionally, users reported difficulties accessing app distribution platforms such as the Google Play Store and the Apple App Store. As of April 2024, Facebook remained officially inaccessible; however, some users indicated they could still access the platform through certain Wi-Fi networks and increasingly available VPNs.
Coverage Social media, VPNs, telecommunications and Internet Service providers
UGANDA
Since January 2013
Pillar Content access |
Indicator Presence of Internet shutdowns
Uganda Communications Act, 2013
Under Section 5.1 of the Uganda Communications Act, 2013, the Uganda Communications Commission is empowered to “monitor, inspect, license, supervise, control, and regulate communications services” and to “set standards, monitor, and enforce compliance relating to content.” Sections 5.1 and 56 of the Act have reportedly been cited by the Commission to justify the temporary suspension of internet gateways and associated access points. Furthermore, the indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Uganda for the year 2024. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet.
Coverage Horizontal
UGANDA
Since November 2016
Pillar Content access |
Indicator Licensing schemes for digital services and applications
NITA-U (Certification of IT Providers and Services) Regulations No. 69 of 2016
Pursuant to Art. 3 of the NITA-U (Certification of IT Providers and Services) Regulations, no person may provide information technology products or services without obtaining the required certification. Art. 6 sets out criteria for certification of operators for the provision of IT services The Regulations define information technology product to include information technology hardware, software, and peripherals, while information technology service refers to any service that delivers value to a customer, such as those offered by suppliers, application solution providers, consultants, service delivery entities, and even internet cafés.
In addition, according to Art. 7 of the regulation, applicants for certification must be legally registered either in Uganda or abroad, and must obtain separate certification to conduct business online or to provide IT services. Other conditions include the need to abide by standards for the provision of technology, demonstrate financial viability, have competent management, have policies and procedures governing the service provision, employ competent staff, and have appropriate infrastructure and equipment.
In addition, according to Art. 7 of the regulation, applicants for certification must be legally registered either in Uganda or abroad, and must obtain separate certification to conduct business online or to provide IT services. Other conditions include the need to abide by standards for the provision of technology, demonstrate financial viability, have competent management, have policies and procedures governing the service provision, employ competent staff, and have appropriate infrastructure and equipment.
Coverage IT products and services
UGANDA
Since November 2009
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Import ban applied on ICT goods or online services
Finance Act No. 14 of 2009
Section 2 of the Finance Act prohibits the importation of used computers, amongst other products.
Coverage Used computers
Sources
- https://web.archive.org/web/20230930095650/https://old.ulii.org/node/24731
- https://web.archive.org/web/20111127062623/https://allafrica.com/stories/201101171069.html
- https://web.archive.org/web/20231205011639/https://www.eac.int/documents/category/key-documents
- https://web.archive.org/web/20211102132350/https://www.eala.org/index.php?/documents/view/eac-customs-management-a-act-2019
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UGANDA
Since December 2000, last amended in July 2023
Since October 2022
Since October 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
External Trade Act
The External Trade (Restriction of Importation and Exportation
of Goods) Order, 2022
The External Trade (Restriction of Importation and Exportation
of Goods) Order, 2022
Pursuant to Art. 3 of the External Trade Act (Cap. 88), the Minister of Trade, Industry and Cooperatives is empowered to issue statutory orders prohibiting the importation of any class of goods without a licence. Furthermore, Art. 5 authorises the Minister, notwithstanding other provisions of the Act, to grant exclusive licences for the import or export of specified restricted goods or categories thereof, subject to conditions deemed appropriate. Under Schedule 2 of the External Trade (Restriction of Importation and Exportation of Goods) Order, 2022, items subject to import licensing include electrical transformers, static converters (e.g. rectifiers), and inductors, as well as their parts (HS code: 85.04), and insulated wires and cables—including enamelled or anodised wires, coaxial cables, and optical fibre cables composed of individually sheathed fibres—whether or not fitted with connectors (HS code: 85.44).
Coverage Electrical transformers, static converters, inductors (HS 85.04) and insulated wires, cables, and optical fibre cables (HS 85.44)
UGANDA
Reported in 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaints about customs clearence
Delays in customs clearance have been reported as common practice in Uganda, with widespread problems of bribery and a general lack of transparency in the process.
Coverage Horizontal
UGANDA
Since February 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Investment Code Act of 2019
The Investment Code Act (ICA) underscores the importance of the Government’s national content policy and the Buy Uganda Build Uganda (BUBU) policy, which requires foreign investors to use local services, raw materials and labour. Under the ICA, investment licenses carry specific performance conditions varying by sector, such as the use of Ugandan goods and services to the greatest extent possible. Section 17 provides for the requirements for application of an investment licence, including local content requirements which every investor must meet before an investment certificate can be issued.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230922045957/https://investmentpolicy.unctad.org/investment-laws/laws/336/uganda-investment-code-2019
- https://web.archive.org/web/20230929223940/https://www.state.gov/reports/2021-investment-climate-statements/uganda/
- https://web.archive.org/web/20220722092659/https://www.pwc.com/ug/en/assets/pdf/legal-alert-investment-code-act-2019.pdf
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UGANDA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Uganda has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal
UGANDA
Since February 2019, entry into force in May 2019
Pillar Domestic data policies |
Indicator Framework for data protection
Data Protection and Privacy Act, 2019
The Data Protection and Privacy Act provides a comprehensive regime of data protection in Uganda. It, in particular, provides for a data protection and privacy register and processes for the investigation of complaints relating to the infringement of data subject rights under the Act. In addition, the Act establishes consent as a central principle, specifies conditions for consent relating to minors as well as other special categories, and, notably, has extraterritorial scope and may apply to entities outside Uganda.
Coverage Horizontal
