An Analysis of the Adequacy of the Electronic Transactions Act, 2011 in Governing E-commerce in Uganda: A Case Study of Online Motor Vehicle Trade in Uganda

This dissertation attempted to examine the adequacy of the Electronic Transactions Act 2011 in governing e-commerce in Uganda with a case study of the online motor vehicle trade. The research questions focused on finding the legal challenges faced in e-commerce transactions in Uganda; assessing whether the e-commerce platforms being used in Uganda comply with the law and to propose reforms in practice and the law where necessary. Using a qualitative research methodology entailing interviews and desk reviews of documents, websites and online resources, the research found among others that the legal challenges of e-commerce span from cyber frauds to goods not fitting their description, delays in delivery, challenges in cancellation, return and refunds, dispute resolutions, conflict of laws among others. The legal challenges are saddled by other systemic challenges of lack of key infrastructure like electricity, internet connectivity being costly among others. The research finds that the most of the online motor vehicle websites do not largely comply with the law, with key policies as privacy and data protection; cancellation, return and refund; payments of damages; provisions for alternative dispute resolution; delivery periods and other security measures falling short. The dissertation concludes that the Electronic Transactions Act is not adequate in governing e-commerce in Uganda most especially it does not provide extensively for privacy and data collection, usage, retention and protection mechanisms. It further finds that even at a regional level, the legal and policy framework does not adequately address privacy and data protection concerns, cyber security mechanisms that require harmonization of regional laws to improve e-commerce at the region and national levels.