Kenya's Data Protection Act (the "DPA") entered into force on 25 November 2019.
The DPA gives effect to the provisions of Article 31 of Kenya's Constitution which provide for the fundamental right to privacy. The DPA is largely modelled on European Union's GDPR.
Some of the recent developments in relation to the DPA and on issues relating to data protection in Kenya generally are:
Given all these recent developments, it is recommended that data controllers and data processors take immediate steps to ensure compliance with the DPA including undertaking audits on how they process personal data, putting in place data privacy policies, data privacy notices, data transfer/sharing agreements and data storage policies and reviewing/inserting data protection clauses in standard form contracts.
Dr. Daniel Wanjau, PhD is a partner at Dentons Hamilton Harrison & Mathews. He is an advocate of the High Court of Kenya having been admitted to the bar 25 years ago. Daniel advises on and undertakes matters relating to corporate & commercial law, mergers and acquisitions, competition law, legal and regulatory compliance work, energy, oil & gas, capital markets, intellectual property and ICT. In addition, Daniel heads the firm's intellectual property practice. He advises a wide range of multinational and local clients on the management and prosecution of their IP portfolio in Kenya and in the East African region.
Dean Wanjala is an associate at Dentons Hamilton Harrison & Mathews in the corporate and commercial department. He specializes in advisory work, competition law, legal due diligence and compliance, data protection and privacy as well as mergers and acquisitions.
Joseph Macharia Kuguru is an associate at Dentons' Hamilton Harrison & Mathews. He currently practices at the Firm's Corporate, Commercial and Real Estate department in several practice areas including legal and regulatory compliance, data protection and privacy, business set-up, competition and wide range of general commercial and corporate, and Intellectual Property.