Tech governance and policy regulation refer to the frameworks, rules and practices that guide the development, deployment and use of technology to ensure it aligns with societal values, laws and ethical standards.
Both tech governance and policy regulation aim to balance innovation with protection, ensuring that technology serves the public good while minimizing risks and negative consequences.
In Uganda, tech governance and policy regulation have been shaped to address various aspects of technology use, including data privacy, cybersecurity, and ICT development.
For instance, government created the National Information Technology Authority (NITA-U) to oversee the development and implementation of IT policies and standards in Uganda, implement IT projects, provide guidance on IT governance, and ensure compliance with national IT standards.
Additionally, in 1997, government established the Uganda Communications Commission (UCC) to regulate various sectors, including Telecommunications, Data Communications, Broadcasting, Postal Communication, Radio Communication, and Infrastructure services throughout Uganda. It is also tasked with the responsibility to issues licenses, monitors service providers, and enforces compliance with regulations.
Government also enacted the Computer Misuse Act to addresses offenses related to the misuse of computers and electronic transactions. The law criminalizes unauthorized access, cyber harassment, and the spread of false information.
Furthermore, government enacted Data Protection and Privacy Act, 2019 to protect personal data by regulating its collection, processing, and storage.
The above regulations and many more indicate that Uganda’s journey in tech governance and policy regulation reflects an effort to harness the benefits of technology while addressing associated challenges.
The Interconnection of User Consent & Tech Guidance: Understanding Terms, Conditions & Cookies
When setting up your new phone, installing some software, or accessing a website, you often encounter prompts to accept terms and conditions or cookies. These practices stem from tech governance and policy regulations. By accepting, you agree to the terms of data collection, processing, and storage.
The UCC former Executive Director, Eng Irene Kaggwa says that even with the enactment of tech regulatory frameworks such as Data Protection Act which aims to among others protect personal information, people still need to be careful while using their devices as they can easily give out their data without knowing.
“I am one of those who initially was like, but this data protection thing, is there anything like data protection? You know those terms and conditions they tell you. You are setting up a new phone and it is telling you this and that is going to need your access, and you are thinking, why does this app need my contacts? It’s just a camera, why is a camera asking for my phone contacts, what is the connection? We are now starting to be more alert about the importance of data protection,” she says.
Eng Kaggwa also says that regulation aims to promote interests of the consumers.
“Regulation is about promoting the consumer interests. Some of the interests is choice. Make sure the consumer has choice. Make sure that when you are busy clicking those yes to (terms and conditions), [granting access to a certain software on your device], make sure someone else has read them for you. It doesn’t matter whether it’s a domestic regulation or global regulation because sometimes we have to get together with other people to protect you,” says Eng Kaggwa.
Terms and conditions have become a global issue. There is a common assertion among governments that they are protecting their citizens. However, if a company is incorporated in one country but its services are used in another, it creates a dilemma. For instance, if an American company provides services in Uganda and a Ugandan consumer encounters a problem, it is unclear where they should seek redress. This situation highlights the challenges posed by the borderless nature of the internet, where services are consumed across different countries.
If the company is incorporated in Uganda, it is easy for the local authorities to go after that company. However, if it is operated outside, then it becomes a challenge
Every day, people decry fraud, but many at times the victims of fraud are conned by unscrupulous people who reside in a different country.
There is an ongoing discussion under the United Nations known as the Global Digital Compact (GDC), a proposed international framework aimed at shaping the future of digital governance. The initiative seeks to establish a shared vision for the use of digital technologies, ensuring they contribute positively to the global public good while mitigating risks and challenges.
This compact is driven by the recognition that digital technologies are integral to achieving sustainable development and addressing global challenges, but they also pose significant risks if not managed properly.
The GDC is being developed through a multi-stakeholder approach, engaging governments, international organizations, the private sector, civil society, and academia. This inclusive process aims to reflect diverse perspectives and interests, ensuring that the compact addresses the needs and concerns of all sectors of society.
Future Directions
Initially, Ugandan society was deeply rooted in analog practices. Communication relied on landline telephones and postal services, while transactions were conducted in physical cash, and the concept of e-commerce was virtually non-existent. Information dissemination was primarily through newspapers, radio, and face-to-face interactions, and most services required in-person visits and paper-based processes.
However, technological advancements have dramatically transformed Uganda’s societal landscape.
Eng Kaggwa says, this is the way to go.
“I am one of those who is so fortunate to have been in this sector for so many years. There was that era when people were starting e-commerce, and were saying, for us in Uganda, we are lost. We don’t have credit cards, mobile money had not started, so, we did not have electronic cash. Now, when you look at how it has grown; it started person to person, points of sell; that has now gone.”
She adds: “When COVID hit, everybody started appreciating e-commerce even at a domestic level. We saw people started querying, do I need to rent a shop and at the end of the year I am not getting return on investment because of the few customers or do I now sell my products electronically online, and keep my warehouse in the house. UCC went out doing digital skilling for the informal sector, salon owners, mechanics, carpenters; we were teaching them how to order parts. So, they started appreciating.”
The advent of mobile money services, such as MTN Mobile Money and Airtel Money, revolutionized financial transactions, enabling millions to transfer money, pay bills, and make purchases electronically. Digital communication platforms, including mobile phones and the internet, have become widespread, facilitating instant messaging and social media engagement. E-commerce platforms have emerged, allowing businesses to reach a wider market and consumers to shop online conveniently.
This shift towards digital solutions has enhanced information access, streamlined operations, and fostered connectivity, marking a significant departure from the analog past and leading to a more integrated and digital society.
Uganda’s journey from an analog society to a digital one highlights the crucial role of tech governance and policy regulation. By establishing frameworks like the National Information Technology Authority (NITA-U) and the Uganda Communications Commission (UCC), and enacting laws such as the Computer Misuse Act and the Data Protection and Privacy Act, the government has effectively balanced innovation with protection. These efforts ensure technology serves the public good, enhances connectivity, and addresses challenges in a rapidly evolving digital landscape.