The Data Protection and Privacy Act, 2019

An Act to protect the privacy of the individual and of personal
data by regulating the collection and processing of personal
information; to provide for the rights of the persons whose data
is collected and the obligations of data collectors, data processers
and data controllers; to regulate the use or disclosure of personal
information; and for related matters.

Date of Assent: 25.02.2019

BE IT ENACTED by Parliament as follows:

PART I.-PRELIMINARY

1.- Application.
This Act applies to a person, institution or public body:

(a) collecting , processing , holding or using personal data
within Uganda;

(b) outside Uganda who collects , processes , holds , or uses
personal data relating to Ugandan citizens.

2.-Interpretation.
In this Act unless the context otherwise requires:

“Authority” means the National Information Technology
Authority – Uganda;

“consent” means any freely given, specific, informed and
unambiguous indication of the data subject’s wish which he
or she, by a statement or by a clear affirmative action,
signifies agreement to the collection or processing of
personal data relating to him or her;

“corporation” means an entity created under a law and is
separate and distinct from its owners.

“cunency point” has the value assigned to it in the Schedule;

“data” means information which:

(a) is processed by means of equipment operating
automatically in response to instructions given for that
purpose;

(b) is recorded with the intention that it should be
processed by means of such equipment;

(c) is recorded as part of a relevant filing system or with
the intention that it should form part of a relevant
filing system; or

(d) does not fall within paragraph (a),(b) or (c) but forms
pa11 of an accessible record ;

“data collector” means a person who collects personal data;

“data controller” means a person who alone, jointly with other
persons or in common with other persons or as a statutory
duty determines the purposes for and the manner in which
personal data is processed or is to be processed;

“data processor” in relation to personal data, means a person
other than an employee of the data controller who processes
the data on behalf of the data controller;

“data subject” means an individual from whom or in respect of
whom personal information has been requested, collected,
collated, processed or stored;

“information” includes data, text , images, sounds, codes,
computer programmes, software and databases;

“Minister” means the Minister responsible for information and
communications technology;

“personal data” means information about a person from which
the person can be identified, that is recorded in any form
and includes data that relates to:

(a) the nationality, age or marital status of the person;

(b) the educational level, or occupation of the person;

(d) identity data; or

(e) other information which is in the possession of, or is
likely to come into the possession of the data
controller and includes an expression of opinion about
the individual.

“public body” includes the Government, a department, service
or undertaking of the Government , Cabinet, Parliament , a
court, local Government administration or a local council
and any committee or commission thereof, an urban
authority, a municipal council and any committee of any
such council , any corporation, committee , board ,
commission or similar body whether corporate or
incorporate established by an Act of Parliament relating to
undertakings of public services or such purpose for the
benefit of the public or any section of the public to
administer funds or property belonging to or granted by the
Government or money raised by public subscription , rates,
taxes, cess or charges in pursuance of any written law and
any council, board, committee or society established by an
Act of Parliament for the benefit, regulation and control of
any profession ;

“processing” means any operation which is performed upon
collected data by automated means or otherwise
including:

(a) organisation, adaptation or alteration of the
information or data;

(b) retrieval, consultation or use of the information or
data;

(d) alignment, combination, blocking, erasure or
destruction of the information or data.

“recipient” means a person to whom data is disclosed including
an employee or agent of the data controller or the data
processor to whom data is disclosed in the course of
processing the data for the data controller, but does not
include a person to whom disclosure is made with respect
to a particular inquiry pursuant to an enactment;

“third party” in relation to personal data, means a person other
than the data subject, the data collector, data controller, or
any data processor or other person authorised to process
data for the data controller or processor.

PART lI.- PRINCIPLES OF DATA PROTECTION

3.- Principles of data protection.

(1) A data collector, data processor or data controller or any
person who collects, processes, holds or uses personal data shall-

(a) be accountable to the data subject for data collected,
processed held or used;

(b) collect and process data fairly and lawfully;

(d) retain personal data for the period authorised by law or for
which the data is required;

(e) ensure quality of information collected, processed , used or
held;

(f) ensure transparency and participation of the data subject in
the collection, processing, use and holding of the personal
data; and

(g) observe security safeguards in respect of the data.

(2) The Authority shall ensure that every data collector, data
controller, data processor or any other person collecting or processing
data complies with the principles of data protection and this Act.

4.- Establishment of the personal data protection office.

(1) There is established a personal data protection office
responsible for personal data protection under the Authority which
shall report directly to the Board.

(2) The personal data protection office established in subsection
(1) shall be headed by a national personal data protection director
appointed on such terms and conditions as may be specified in his or
her instrument of appointment.

(3) The national personal data protection director shall be a
person of high moral character , proven integrity and with the relevant
qualifications and experience relating to the functions of the office .

(4) The personal data protection office shall consist of such other
officers as may be necessary for the proper functioning of the office
appointed on such terms and conditions as may be specified in the
instruments of appointment.

5.- Functions of the personal data protection office.

(1) For purposes of this Act and in addition to its functions under
any other law, the personal data protection office shall:

(a) oversee the implementation of and be responsible for the
enforcement of this Act;

(b) promote the protection and observance of the right to the
privacy of a person and of personal data ;

(d) formulate, implement and oversee programmes intended to
raise public awareness about this Act;

(e) receive and investigate complaints relating to infringement
of the rights of the data subject under this Act;

(f) establish and maintain a data protection and pnvacy
register;

(g) perform such other functions as may be prescribed by any
other law or as the office considers necessary for the
promotion, implementation and enforcement of this Act;

(2) The office shall have all powers necessary for the
performance of its functions under this Act.

(3) The office in performing its functions under this Act shall not
be under the direction or control of any person or Authority.

6.- Data protection officer
For purposes of this Act, and in so far as it applies to an institution,
the head of the institution shall designate a person as the data
protection officer responsible for ensuring compliance with this Act.

PART III.-DATA COLLECTION AND PROCESSING

7.- Consent to collect or process personal data.

(1) Subject to subsection (2), a person shall not collect or process
personal data without the prior consent of the data subject.

(2) Personal data may be collected or processed:

(a) where the collection or processing is authorised or required
by law; or

(b) where it is necessary:

(i) for the proper performance of a public duty by a
public body;

(ii) for national security;

(iii) for the prevention , detection , investigation, prosecution
or punishment of an offence or breach of law.

(c) for the performance of a contract to which the data subject
is party or in order to take steps at the request of the data
subject prior to entering into a contract;

(d) for medical purposes; or

(e) for compliance with a legal obligation to which the data
controller is subject.

(3) Except for data collected or processed under subsection (2),
where a data subject objects to the collection or processing of
personal data, the person who is collecting or processing the personal
data shall stop the collection or processing of the personal data.

8.- Personal data relating to children.
A person shall not collect or process personal data relating to a child
unless the collection or processing thereof is;

(a) carried out with the prior consent of the parent or guardian
or any other person having authority to make decisions on
behalf of the child;

(b) necessary to comply with the law; or

9.- Prohibition on collection and processing of special personal
data.

(1) A person shall not collect or process personal data which
relates to the religious or philosophical beliefs, political opinion,
sexual life, financial information, health status or medical records of
an individual.

(2) This section does not apply to information collected under
the Uganda Bureau of Statistics Act.

(3) A data collector, data processor and data controller may
collect or process personal data specified under subsection(!)
where:

(a) the collection or processing of the data is in the exercise or
performance of a right or an obligation conferred or
imposed by law on an employer;

(b) the information is given freely and with the consent of the
data subject; or

(c) the collection or processing of the information is for the
purposes of the legitimate activities of a body or
association which:

(i) is established for non-profit purposes; or

(ii) exists for political, philosophical, religious or trade
union purposes; and

(iii) relates to individuals who are members of the body or
association or have regular contact with the body or
association in connection with its purposes, and does
not involve disclosure of the personal data to a third
party without the consent of the data subject.

10.- Protection of privacy.
A data collector, data processor or data controller shall not collect,
hold or process personal data in a manner which infringes on the
privacy of a data subject.

11.- Collection of data from data subject.

(1) A person shall collect personal data directly from the data
subject.

(2) Notwithstanding subsection (1), personal data may be
collected from another person, source or public body where-

(a) the data is contained in a public record;

(b) the data subject has deliberately made the data public ;

(d) the collection of the data from another source is not like! y
to prejudice the privacy of the data subject;

(e) the collection of the data from another source 1s
necessary:

(i) for the prevention, detection, investigation, prosecution or
punishment of an offence or breach of law;

(ii) for the enforcement of a law which imposes a
pecuniary penalty;

(iii) for the enforcement of legislation which concerns
public revenue collection;

(iv) for the conduct of proceedings before any court or
tribunal that have commenced or are reasonably
contemplated; or

(v) for the protection of national security;

(f) compliance would prejudice a lawful purpose for the
collection; or

(g) it is not reasonably practicable to obtain the consent of the
data subject.

12.- Collection of personal data for specific purpose.
A person who collects personal data shall collect the data for a lawful
purpose which is specific, explicitly defined and is related to the
functions or activity of the data collector, or data controller.

13.- Information to be given to data subject before collection of
data.

(l) A person collecting personal data shall inform the data
subject about:

(a) the nature and category of data being collected;

(b) the name and address of the person responsible for the
collection of data;

(d) whether or not the supply of the data by the data subject is
discretionary or mandatory;

(e) the consequences of failure to provide the data;

(f) the authorised requirement for the collection of the
information or the requirement by law for its collection;

(g) the recipients of the data;

(h) the existence of the right of access to and the right to
request rectification of the data collected before the
collection; and

(i) the period for which the data will be retained to achieve the
purpose for which it is collected.

(2) Where the data is collected from a third party, the data
subject shall be given the information specified in subsection (1)
before the collection of the data or as soon as practicable after the
collection of the data.

(3) Subsection (2), shall not apply:

(a) where it is necessary to avoid the compromise of the law
enforcement power of a public body responsible for the
prevention, detection, investigation, prosecution or
punishment of an offence;

(b) information relating to national security;

(d) to information relating to the enforcement of legislation
which concerns public revenue collection;

(e) to information relating to the preparation or conduct of
proceedings before a com1 or tribunal.

14.- Minimality.

(1) A data controller or data processer shall only process the
necessary or relevant personal data.

(2) For the avoidance of doubt a data controller or data processer
shall not process personal data which is in excess of the data which is
authorised by law or required for a specific purpose.

15.- Quality of information.

(1) A data collector or data processor or data controller shall
ensure that the data is complete , accurate, up-to-date and not
misleading having regard to the purpose for its collection or
processing.

(2) A data subject shall ensure that the personal data given to the
data collector or data processor or data controller is complete,
accurate, up to date and not misleading.

16.- Correction of personal data.

(1) A data subject may request a data controller to-

(a) correct or delete personal data about the data subject held
by or under the control of the data controller that is
inaccurate, inelevant, excessive, out of date, incomplete,
misleading or obtained unlawfully; or

(b) destroy or delete a record of personal data about the data
subject held by the data controller which the controller no
longer has the authority to retain.

(2) On receipt of the request, a data controller shall comply with
the request.

(3) Where the data controller is not able to comply with the
request under subsection (1), the data controller shall inform the data
subject of the rejection, and the reasons for the rejection in writing.

(4) Where the data controller complies with the request , the data
controller shall inform each person to whom the personal data has
been disclosed of the conection made.

(5) The data controller shall notify the data subject of the action
taken as a result of the request.

17.- Further processing to be compatible with purpose of
collection.

(1) Where a person holds personal data collected in connection
with a specific purpose, further processing of the personal data shall
only be for that specific purpose .

(2) For the purposes of subsection (1), a person who processes
personal data under this section shall take into account-

(a) the relationship between the purpose of the intended further
processmg and the purpose for which the data was
collected;

(b) the nature of the data concerned;

(d) the consequences that the further processing is likely to
have for the data subject; and

(e) the contractual rights and obligations between the data
subject and the person who processes the data .

(3) The further processing of data is considered to be compatible
with the purpose of collection where-

(a) the data subject consents to the further processing of the
information;

(b) the data is publicly available or has been made public by
the person concerned;

(i) for the prevention, detection, investigation,
prosecution or punishment for an offence or breach of
law;

(ii) for the enforcement of a law which imposes a
pecuniary penalty;

(iii) for the enforcement of legislation that concerns
protection of public revenue collection;

(iv) for the conduct of proceedings before any court or
tribunal that have commenced;

(v) for the protection of national security; or

(vi) to prevent or mitigate a serious and imminent threat to
public health or safety or the life or health of the data
subject or another individual;

(d) the data is used for historical, statistical or research
purposes and the person responsible for the processing
ensures that:

(i) the further processing is carried out solely for the
purpose for which the data was collected; and

(ii) that the data is not published in a form likely to reveal
the identity of the data subject; or

18.- Retention of records of personal data.

(1) Subject to subsections (2) and (3), a person who collects
personal data shall not retain the personal data for a period longer
than is necessary to achieve the purpose for which the data is
collected and processed unless:

(a) the retention of the data is required or authorised by law;

(b) the retention of the data is necessary for a lawful purpose
related to a function or activity for which the data is
collected or processed;

(d) the data subject consents to the retention of the data.

(2) Subsection (1) does not apply to personal data retained for:

(a) the prevention, detection, investigation, prosecution or
punishment of an offence or breach of law;

(b) the national security purposes;

(d) the enforcement of legislation relating to public revenue
collection;

(e) the conduct of proceedings before any court or tribunal ; or

(f) historical, statistical, or research purposes.

(3) A person who uses personal data of a data subject to make a
decision about the data subject shall:

(a) retain the data for a period required or prescribed by law; or

(b) where no retention period is required by law, retain the data
for a period which shall afford the data subject an
opportunity to request access to the data.

(4) A data controller shall destroy or delete a record of personal
data or de-identify the record at the expiry of the retention period.

(5) The destruction or deletion of a record of personal data shall
be done in a manner that prevents its reconstruction in an intelligible
form.

19.- Processing personal data outside Uganda.
Where a data processor or data controller based in Uganda processes
or stores personal data outside Uganda, the data processor or data
controller shall ensure that:

(a) the country in which the data is processed or stored has
adequate measures in place for the protection of personal
data at least equivalent to the protection provided for by
this Act; or

(b) the data subject has consented.

PART IV.-SECURITY OF DATA

20.- Security measures.

(1) A data controller, data collector or data processor shall
secure the integrity of personal data in the possession or control of a
data controller, data processor or data collector by adopting
appropriate, reasonable, technical and organisational measures to
prevent loss, damage , or unauthorised destruction and unlawful
access to or unauthorised processing of the personal data.

(2) For the purposes of subsection (1), the data controller shall
take measures to:

(a) identify reasonably foreseeable internal and external risks
to personal data under that person’s possession or control;

(b) establish and maintain appropriate safeguards against the
identified risks;

(d) ensure that the safeguards are continually updated in
response to new risks or deficiencies.

(3) A data controller shall observe generally accepted
information security practices and procedures , and specific industry
or professional rules and regulations .

21.- Security measures relating to data processed by data
processor.

(1) A data controller shall not permit a data processor to process
personal data for the data controller, unless the data processor
establishes and complies with the security measures specified under
this Act.

(2) A contract between a data controller and a data processor
relating to processing of personal data, shall require the data
processor to establish and maintain the confidentiality and security
measures necessary to protect the integrity of the personal data.

22.- Data processed by operator or authorised person.

(1) An operator or a person who processes personal data on
behalf of a data controller shall process the data only with the prior
knowledge or authorisation of the data controller and shall treat the
personal data which comes to the knowledge of the operator or other
person as confidential.

(2) A data processor shall not disclose the data unless required
by law, or in the course of the discharge of a duty.

23.- Notification of data security breaches.

(1) Where a data collector, data processor or data controller,
believes that the personal data of a data subject has been accessed or
acquired by an unauthorised person , the data collector, data processor
or data controller , shall immediately notify the Authority in the
prescribed manner, of the unauthorised access or acquisition and the
remedial action taken.

(2) The Authority shall determine and notify the data controller ,
data collector or data processor whether the data controller, data
collector or data processor should notify the data subject of the
breach.

(3) Where the Authority determines that the data collector, data
processor or data controller should notify the data subject, the
notification shall be made by:

(a) registered mail to the data subject’s last known residential
or postal address;

(b) electronic mail to the data subject’s last known electronic
mail address;

(d) publication in the mass media.

(4) A notification referred to in sub section (3) shall provide
sufficient information relating to the breach to allow the data subject
to take protective measures against the consequences of unauthorised
access or acquisition of the data.

(5) Where the Authority has grounds to believe that publicity
would protect a data subject who is affected by the unauthorised
access or acquisition of data, the Authority shall direct the responsible
party to publicise in the specified manner, the fact of the compromise
to the integrity or confidentiality of the personal data.

PART V.- RIGHTS OF DATA SLBJECTS

24.- Right to access personal information

(1) A data subject who provides proof of identity may request a
data controller to:

(a) confirm whether or not the data controller holds personal
data about that data subject;

(b) give a description of the personal data which is held by the
data controller;

(2) A request under this section shall be made in the prescribed
form and manner.

(3) A data controller shall not comply with a request under this
section unless the data controller is given information that the data
controller may reasonably require to identify the person making the
request and to locate the data requested by that person.

(4) Where a data controller is unable to comply with the request
without disclosing data related to another individual who may be
identified from the information, the data controller shall not comply
with the request unless:

(a) the other individual consents to the disclosure of the data to
the person who makes the request;

(b) it is reasonable in all the circumstances to comply with the
request without the consent of the other individual; or

(5) For the purposes of subsection (4):

(a) a reference to data related to another individual includes a
reference to data which identifies that individual as the
source of the data requested; and

(b) another individual may be identified from the data
disclosed if that individual can be identified from that data ,
or any other data which in the reasonable belief of the data
controller are likely to be in, or come into the possession of
the data subject who made the request.

(6) A data controller shall not use subsection ( 4) as an excuse for
failing to commun icate so much of the information sought that may
be communicated without the disclosure of the identity of the
individual concerned.

(7) The data controller may make the communication under
subsection (6) by omitting or deleting the name or other identifying
particulars of the other individual.

(8) For the purposes of subsection (4), to determine whether it is
reasonable to comply with the request without the consent of the
other individual concerned, the data controller shall take into
account:

(a) any duty of confidentiality owed to the other individual ;

(b) any steps taken by the data controller to seek the consent of
that other individual;

(d) any express refusal of consent by the other individual.

(9) Subject to subsection (4), a data controller shall comply with
a request under this section promptly and in any event within thirty
days from the date of receipt of the request.

25.- Right to prevent processing of personal data.

(1) A data subject shall at any time by notice in writing to a data
controller or data processor, require the data controller or data
processor to stop processing personal data which causes or is likely to
cause unwarranted substantial damage or distress to the data subject.

(2) A data controller shall within fourteen days after receipt of a
notice inform the data subject in writing that the data controller has
complied or intends to comply with the notice of the data subject, or
of the reasons for non-compliance.

(3) Where the data controller gives reasons for non-compliance,
a copy of the notice required by subsection (2) shall be given to the
Authority within fourteen days.

(4) Where the Authority is satisfied that the data subject is
justified, the Authority shall direct the data controller to comply
within seven days.

(5) This section does not apply to data collected or processed in
accordance with section 4(2).

26.- Right to prevent processing of personal data for direct
marketing.

(1) A data subject may by notice in writing to a data controller,
require the data controller to stop processing his or her personal data
for purposes of direct marketing.

(2) A data controller shall within fourteen days after receipt of
the notice inform the data subject in writing that the data controller
has complied or intends to comply with the notice of the data subject,
or of the reasons for non-compliance.

(3) Subject to sub-section (1) a data subject may enter into
agreement with a data controller for purposes of using or processing
his or her personal data for pecuniary benefits.

(4) Where the data controller gives reasons for non-compliance,
a copy of the notice required by subsection (2) shall be given to the
Authority within the time specified in that subsection .

(5) Where the Authority is satisfied that the notice in subsection
(1) is justified, the Authority may direct the data controller to comply.

(6) In this section “direct marketing” includes the
communication by whatever means of any advertising or marketing
material which is directed at an individual.

27.- Rights in relation to automated decision-taking.

(1) A data subject may by notice in writing to a data controller
require the data controller to ensure that any decision taken by or on
behalf of the data controller which significantly affects that data
subject is not based solely on the processing by automatic means of
personal data in respect of that data subject.

(2) Without prejudice to subsection (1), where a decision which
significantly affects a data subject is based solely on automated
processing:

(a) the data controller shall as soon as reasonably practicable
notify the data subject that the decision was taken on that
basis, and

(b) the data subject is entitled, by notice in writing to require
the data controller to reconsider the decision within twenty –
one days after receipt of the notification from the data
controller.

(3) The data controller shall within twenty-one days after receipt
of the notice, inform the data subject in writing of the steps that the
data controller has taken to take to comply with the notice.

(4) This section does not apply to a decision made:

(a) in the course of considering whether to enter into a contract
with the data subject;

(b) with a view to entering into the contract;

(d) for a purpose authorised or required by or under any law

(5) Where the data subject is not satisfied with the decision of
the data controller in sub clause (3), the data subject shall complain
in writing to the Authority within fourteen days.

(6) Where the Authority is satisfied on a complaint by a data
subject that the data controller has failed to comply , the Authority
shall order the data controller to comply within seven days

28.- Rectification, blocking, erasure and destruction of personal
data.

(1) Where the Authority is satisfied on a complaint of a data
subject that personal data on that data subject is inaccurate, the
Authority may order the data controller to rectify , update , block ,
erase, or destroy the data.

(2) Subsection (1) applies whether the data is an accurate record
of information received or obtained by the data controller from the
data subject or a third party.

(3) Where the data is an inaccurat e record of the information, the
Authority may direct the data controller to update the statement of the
true facts which the Authority considers appropriate.

(4) Where the data complained of has been rectified, blocked,
updated, erased or destroyed, the data controller is required to notify
third parties to whom the data has been previously disclosed of the
rectification , blocking , updated, erasure or destruction.

PART VI.-DATA PROTECTION REGISTER

29.- Data protection register.

(1) The Authority shall keep and maintain a data protection
register.

(2) The Authority shall register in the data protection register,
every person, institution or public body collecting or processing
personal data and the purpo se for which the personal data is collected
or processed.

(3) An applicat ion by a data controller or other person to register
shall be made in the prescribed manner.

30.- Access to register by the public.
The Authority shall make the information contained in the Data
Protection Register available for inspection by any person.

PART VII.-COMPLAINTS.

31.- Complaints against breach and non-compliance.

(1) A data subject or any person who believes that a data
collector, data processor or data controller is infringing upon their
rights or is in violation of this Act may make a compliant in the
prescribed manner to the Authority.

(2) A data collector, data processor or data controller may in
writing make a complaint to the Authority about any violation or noncompliance with this Act.

32.- Authority to investigate complaints.
The Authority shall investigate every compliant made under this Part and
may direct a data collector, data processor or data controller to remedy any
breach or take such action as the Authority may specify to restore the
integrity of data collected, processed or held by the data collector, data
processor or data controller or the rights of the data subject.

33.- Compensation for failure to comply with this Act.

(1) Where a data subject suffers damage or distress through the
contravention by a data controller, data processor or data collector of
the requirements of this Act, that data subject is entitled to apply to a
Court of competent jurisdiction for compensation from the data
collector, data processor or data controller for the damage or distress.

(2) In proceedings against a person under this section, it is a
defence to prove that the person took reasonable care in all the
circumstances to comply with the requirements of this Act.

34.- Appeals.

(1) A person aggrieved by a decision of the Authority under this
Act may appeal to the Minister.

(2) The appeal shall be made within thirty days from the date of
notice of the decision.

(3) A copy of the appeal shall be provided to the Authority.

PART VIII.- OFFENCES

35.- Unlawful obtaining or disclosing of personal data.

(1) A person shall not unlawfully obtain, disclose or procure the
disclosure to another person of personal data held or processed by a
data collector, data controller or data processor.

(2) A person who contravenes this section commits an offence
and is liable on conviction to a fine not exceeding two hundred and
forty currency points or imprisonment for ten years or both.

36.- Unlawful destruction, deletion, concealment or alteration of
personal data.

(1) A person shall not unlawfully destroy, delete, mislead,
conceal or alter personal data.

(2) A person who contravenes this section commits an offence
and is liable on conviction to a fine not less than two hundred and
forty currency points or imprisonment not exceeding ten years or
both.

37.- Sale of personal data.

(1) A person shall not sell or offer for sale personal data of any
person.

(2) A person who contravenes subsection (1) commits an
offence and is liable on conviction to a fine not exceeding two
hundred and forty five currency points or imprisonment not
exceeding ten years or both.

38.- Offences by corporations.

(1) Where an offence under sections 31 and 32 is committed by
a corporation, the corporation and every officer of the corporation
who knowingly and willfully authorises or permits the contravention
is liable to the offence.

(2) A court which convicts a person under subsection (1) may, in
addition to the punishment order the corporation, pay a fine not
exceeding two percent of the corporation’s annual gross turnover.

(3) A court shall take into consideration the gravity of the
offence under subsection (1) and its impact in determining the fine to
impose under subsection (2).

39.- Regulations.
The Minister may, after consultation with the Authority by statutory
instrument make regulations for:

(a) any matter which is required to be prescribed;

(b) any administrative or procedural matter which is necessary
to give effect to this Act;

(d) any matter which is necessary and expedient to give effect
to this Act.

40.- Power of the Minister to amend Schedule.
The Minister may, with the approval of Cabinet, by statutory
instrument, amend the Schedule.

SCHEDULE
Currency point
One currency point is equivalent to twenty thousand shillings

THE REPUBLIC OF UGANDA

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The Data Protection and Privacy Act, 2019

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