UGANDA
Reported in 2024
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - 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 2 in Uganda for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
UGANDA
Since November 2016
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
NITA-U (Certification of IT Providers and Services) Regulations No. 69 of 2016
Art. 6 of the NITA-U (Certification of IT Providers and Services) Regulations set out criteria for certification of operators for the provision of IT services. In addition, according to Art. 7 of the regulation, applicants for certification should be registered companies in Uganda and separately acquire certification for conducting business online or providing 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 services
UGANDA
Since November 2009
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Financial Act No. 14 of 2009
Section 2 of the Financial 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 February 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar 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 Technical standards applied to ICT goods and online services |
Sub-pillar 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 Uganda and international standards. There are also fees charged for testing of these equipment.
The Qmark is recognised by all East Africa 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.
The Qmark is recognised by all East Africa 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://web.archive.org/web/20211117035322/https://www.unbs.go.ug//attachments/menus/36/QC_OCTOBER_2018.pdf
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UGANDA
Since April 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Uganda has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
UGANDA
Since April 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Uganda has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
UGANDA
Since June 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Trade Secrets Protection Act No. 2 of 2009
Under Section 11 of Act No. 2, trade secrets may be required to be submitted to a government department, but the department must protect the information submitted to it from disclosure.
Coverage Horizontal
UGANDA
Since June 2009
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Trade Secrets Protection Act No. 2 of 2009
The Trade Secrets Protection Act No. 2 of 2009 provides a framework for effective protection of trade secrets.
Coverage Horizontal
UGANDA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Uganda to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
UGANDA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Following the privatisation of Uganda Telecom Ltd (UTL) in the 1990s, the Government held minority shares in the company up until 2017, when the rest of the shareholders unilaterally pulled out from the financially struggling company, leaving the state as a sole owner.
Coverage Telecommunications sector
UGANDA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Uganda does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector
UGANDA
Since November 2019
Pillar Telecom infrastructure & competition |
Sub-pillar Licensing restrictions to operate in the telecom market
Uganda Communications (Licencing) Regulations No. 95 of 2019
Section 93(3)(e) of the Uganda Communications (Licensing) Regulations stipulates that, in assessing the merits of an application for a telecommunications licence, the regulator may take into account the benefits the applicant is likely to contribute to the industry, the users, and the Ugandan economy as a whole. These benefits may include investment, improvements in communications infrastructure, and advancements in capacity, capability, and connectivity. Moreover, it has been reported that the implementation of the revised telecommunications licensing framework by the Uganda Communications Commission (UCC) has led to challenges for telecom operators. The 2019 framework requires applicants to pay separate fees for operating in different regions, in addition to the mandatory application fees and a 2% levy on gross annual earnings. Some have criticized the updated fees, arguing that they add to the already significant burden of existing levies and taxes on the sector.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250118174914/https://www.ucc.co.ug/wp-content/uploads/2024/03/Licensing-Regulations-2019.pdf
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=2550259&id2=&id3=&sPath=000021090010903&mzMode=Modes3
- https://freedomhouse.org/country/uganda/freedom-net/2023
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UGANDA
Since November 2019
Pillar Telecom infrastructure & competition |
Sub-pillar Licensing restrictions to operate in the telecom market
Uganda Communications (Licencing) Regulations No. 95 of 2019
Under Section 9 of the Uganda Communications (Licensing) Regulations No. 95 of 2019, the Uganda Communications Commission (UCC) may, when considering an application for a national telecommunications operator's licence, require the applicant to offer a prescribed percentage of its shares to the public, as determined by the Commission. The licence description for the National Telecom Operator (NTO) stipulates that the licensee must list a minimum of 20% of its shares on the Uganda Securities Exchange (USE) within two years of the licence’s issuance. This requirement is reportedly intended to promote local ownership of telecommunications services. In December 2021, MTN Uganda—the country’s largest telecommunications provider—listed 13% of its shares on the USE. Similarly, in December 2023, Airtel Uganda, the second-largest telecommunications company, listed 11% of its shares, excluding its mobile money subsidiary, on the USE.
In addition, Section 9 of the Licensing Regulations 2019 authorises the Commission to issue guidelines defining the scope of a licence, including the requirement for nationwide coverage. The NTO licence description specifies that this category of licence shall be granted to an operator that demonstrates both the financial and technical capacity to establish and operate a telecommunications network covering the entire geographical territory of Uganda. In March 2021, the UCC granted Lycamobile an NTO licence, making it the third operator to receive such authorisation, following MTN Uganda and Airtel Uganda. Under the terms of the NTO licence, Lycamobile is mandated to expand its network coverage to at least 90% of Uganda’s territory within five years.
In addition, Section 9 of the Licensing Regulations 2019 authorises the Commission to issue guidelines defining the scope of a licence, including the requirement for nationwide coverage. The NTO licence description specifies that this category of licence shall be granted to an operator that demonstrates both the financial and technical capacity to establish and operate a telecommunications network covering the entire geographical territory of Uganda. In March 2021, the UCC granted Lycamobile an NTO licence, making it the third operator to receive such authorisation, following MTN Uganda and Airtel Uganda. Under the terms of the NTO licence, Lycamobile is mandated to expand its network coverage to at least 90% of Uganda’s territory within five years.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250118174914/https://www.ucc.co.ug/wp-content/uploads/2024/03/Licensing-Regulations-2019.pdf
- https://www.ucc.co.ug/wp-content/uploads/2023/10/DESCRIPTION-OF-TELECOM-LICENSES-AND-AUTHORISATIONS.pdff
- https://web.archive.org/web/20241217204220/https://freedomhouse.org/country/uganda/freedom-net/2024
- https://web.archive.org/web/20250130193028/https://www.state.gov/reports/2024-investment-climate-statements/uganda/
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UGANDA
Since November 1999
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Uganda has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector