Data Protection Kenya

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Data Protection Kenya

Kenya has a comprehensive data protection framework governed by the Data Protection Act, 2019 (DPA), which aligns with global standards like the EU’s GDPR. Here’s a quick breakdown:

  1. Key Features of Kenya’s Data Protection Act (DPA, 2019)
    ✅ Regulatory Authority – The Office of the Data Protection Commissioner (ODPC) oversees enforcement.
    ✅ Data Subject Rights – Kenyans have rights to access, correct, delete, and restrict processing of their personal data.
    ✅ Lawful Processing – Organizations must process data transparently, lawfully, and for a specified purpose.
    ✅ Data Protection Officer (DPO) – Some organizations must appoint a DPO for compliance.
    ✅ Data Transfer Rules – Cross-border data transfers are restricted unless adequate safeguards exist.
    ✅ Penalties – Fines of up to KES 5 million or 1% of annual turnover for non-compliance.
  2. Who Must Comply?
    Any organization processing personal data of Kenyans, whether local or international.
    Companies dealing with sensitive data (e.g., health, financial, biometric) must ensure higher security standards.
  3. Latest Developments
    The ODPC is actively cracking down on non-compliance (e.g., issuing fines to companies).
    Data Protection Regulations (2021) outline specific compliance obligations for businesses.
  4. Need Help with Compliance?
    If you need data protection consulting in Kenya, Contact us
    ✅ Data Protection Compliance Audits
    ✅ Drafting Privacy Policies & Data Protection Agreements
    ✅ Training for Employees on Data Privacy
    ✅ Legal Guidance on Cross-Border Data Transfers

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