The rapid adoption of Artificial Intelligence (AI) in workplaces across Uganda is transforming business operations, employee dynamics, work delivery and data management. While AI offers tremendous opportunities, it also raises critical legal and ethical concerns, particularly in the areas of intellectual property (IP), employment obligations, and privacy rights.

This article explores these dimensions within the Ugandan legal framework and highlights emerging challenges.

Intellectual Property: Ownership and Confidentiality Obligations

The Copyright and Neighbouring Rights Act, 2006, governs ownership of works created during employment. In Uganda, works created by an employee in the course of employment generally belong to the employer unless otherwise agreed.

AI tools that are increasingly being used by employees, often generate intellectual property, such as reports, designs, or code. With AI, questions arise regarding ownership when outputs are generated autonomously or collaboratively by AI systems and employees. If an AI-generated work is produced in the course of employment and significant human input or direction is involved, the employer may claim ownership under the “work-for-hire” doctrine. This principle is embedded in many IP laws, where the output created as part of an employee’s job duties belongs to the employer.

However, there are scenarios where the contractual agreements with the AI platform may dictate and or limit the ability of the employer to claim ownership over the AI generated material. For instance, some platforms may grant the user full ownership of the outputs, while others may retain certain rights, such as the ability to use or redistribute the content.

As the use and adoption of AI commons common place, it becomes necessary for employers to ensure that employment contracts explicitly address ownership of AI generated material.

Confidentiality obligations and Trade Secrets
The Employment Act, 2006, imposes implied obligations of fidelity and confidentiality on employees. With AI’s capacity to process sensitive data, employees accessing proprietary algorithms or datasets must adhere to strict confidentiality protocols. Non-disclosure agreements (NDAs) and employment contracts should emphasize the protection of trade secrets and sensitive data from unauthorized use or disclosure.

Minimizing confidentiality and Trade Secrets breaches when using AI involves implementing robust policies, technological safeguards, and organizational practices to ensure sensitive information remains secure. With the ever increasing use of the AI platforms in the day to day employment functions, it becomes incumbent for employers to implement a few mitigation interventions as suggested herein below;

1.  Vendor Agreements:

Scrutinize AI provider agreements to ensure they include robust confidentiality clauses, data protection measures, and limitations on data retention or sharing.

2. Audit and Compliance:

Periodically audit third-party AI providers for compliance with contractual obligations and relevant laws, including Uganda’s Data Protection and Privacy Act.

3. Adoption of AI Use Policies:

Develop and enforce policies governing the use of AI in handling sensitive information. Define acceptable use, specify permissible data inputs, and identify prohibited actions (e.g., inputting confidential information into generative AI platforms without appropriate safeguards).

 

4. Employee Training and Awareness:

Educate employees on the risks associated with AI and confidentiality breaches. Training should focus on recognizing potential vulnerabilities, understanding the company’s AI usage policies, and complying with data protection regulations, such as Uganda’s Data Protection and Privacy Act, 2019

5. Controlled Integration:

Limit the integration of AI systems with databases or networks containing highly confidential or sensitive information unless there is a compelling business need.

6. Data Anonymization:

Before feeding data into AI systems, anonymize it to remove personally identifiable information or sensitive details. This limits exposure of confidential information.

Privacy Considerations: Data Protection and Monitoring

Artificial Intelligence (AI) is transforming industries by offering powerful tools for data analysis, automation, and decision-making. However, its reliance on vast datasets of employee and customer data to function effectively also poses significant risks to data protection, particularly regarding personal and sensitive information. This raises privacy concerns, especially in light of Uganda’s Data Protection and Privacy Act, 2019.

The Data Protection and Privacy Act, 2019 provides a foundation for safeguarding personal data in Uganda. Key provisions relevant to AI include:

1. Consent: Personal data must be collected with informed consent.
2. Purpose Limitation: Data must be collected for specific, lawful purposes.
3. Security Safeguards: Data controllers must implement measures to protect data against unauthorized access or breaches.
4. Accountability: Data controllers are responsible for ensuring compliance with the Act.

However, the Act does not explicitly address AI-related risks, underscoring the need for updated policies and regulations.

Conclusion

AI is reshaping the Ugandan workplace, presenting both opportunities and risks. Employers must navigate the legal landscape carefully to address issues of IP ownership, employment obligations, and data privacy. By adopting clear policies, ensuring transparency, and adhering to Uganda’s legal framework, organizations can harness AI’s potential while safeguarding the rights of employees and maintaining ethical integrity.

Uganda currently lacks specific legislation regulating AI. However, existing laws such as the Data Protection and Privacy Act, Employment Act, and Copyright Act provide a framework for managing AI-related challenges. Policymakers should consider developing AI-specific regulations to address emerging issues comprehensively.

 

Caveat

The contents of this article are intended to convey general information only and not to provide legal advice or opinions. The contents of this website, and the posting and viewing of the information on this website, should not be construed as, and should not be relied upon for legal advice in any particular circumstance or fact situation. For tailored advice on integrating AI into your workplace while ensuring compliance with Ugandan laws, consult a legal expert specializing in employment, IP, and privacy matters.