In recent years, Kenya has witnessed significant developments in data protection. One key development has been the commitment to safeguarding personal and sensitive information, which is underscored by the enforcement actions taken by the Office of the Data Protection Commissioner (ODPC). Specifically, the ODPC has established mechanisms for receiving and determining complaints related to data protection. We have been tracking decisions taken by the ODPC with the aim of understanding the impact of the decisions on our clients’ operations. Below is a highlight of the key decisions: Using stock ..read more

It has been over 100 days since the appointment of Kenya’s first Data Commissioner. The Data Commissioner is in charge of data protection compliance and enforcement. Let us consider some of the developments that have happened in this time. 1. Establishment of an Office The Data Commissioner’s office is situated within the premises of the Communications Authority of Kenya. This is an interim arrangement which is expected to last for a period of one year. In the meantime, plans are underway to identify and close on suitable office premises.  Apart from this, the Data Commissioner has develo ..read more

The Data Protection Act (“DPA”) became law on 25th November 2019. However, over fourteen months later, very few businesses have complied with the requirements of the Act. In fact, it is safe to say that the majority of them are yet to understand the law and the ensuing compliance obligations. What Is the Data Protection Act? The DPA is a law that aims to regulate the processing of personal data in Kenya. Personal data refers to any information that can be used to identify an individual. For example, his name, ID or passport details, physical or postal address, physical appearance (e.g. height ..read more

It’s been almost two years since I penned this guide on commercial leases in Kenya. Since the outbreak of the COVID-19 pandemic, the article has generated a lot of interest from readers. So much so, that it prompted me to provide further insight on how to handle your lease in light of the pandemic. New Legal Obligations The first COVID-19 case in Kenya was detected in March 2020. From that moment, the government has issued numerous guidelines aimed at curbing the incidence and spread of the disease. Whilst the pandemic affected most sectors of the economy, sectors such as hospitality and aviat ..read more

On 25th November 2019, Kenya enacted the Data Protection Act. If you are a Human Resource practitioner, you need to familiarise yourself with the requirements of this Act because it places a high compliance burden with regard to the handling of personal data. This article looks at ways in which the Data Protection Act will affect the HR function and how HR practitioners can prepare for compliance. General Overview The Data Protection Act (“The Act”) seeks to protect people’s personal data in several ways. First, it imposes rules relating to the collection and use of personal data. Secondly, it ..read more

Have you developed or do you own a Mobile App? Does the App collect personal data such as email addresses, identification numbers, or banking information from users? If so, then it’s imperative that you have a Privacy Policy. Privacy Policy Definition A privacy policy is a legal statement or document that declares a firm, website, or an app’s policy on the gathering and use of its user’s personal information. In particular, it outlines how site operators will collect, store, protect, and utilise personal data provided by users. Personal data includes all and any information relating to an indi ..read more

Have you recently visited a website, placed an order and paid for an item from the comfort of your desk? If so, you have been party to an electronic contract (“E-Contract”) i.e. an agreement formed and concluded online. In this article, we consider the essential legal elements of E-contracts. 1. What is an E-Contract? Generally, E-contracts include all agreements negotiated and concluded by electronic means. Examples include contracts concluded through email, specialised contracting software or through websites. Kenyan law does not ascribe any specific definition for the term E-contract. Under ..read more

Trade secrets differ from other forms of Intellectual property (“IP”) in that the mode of their protection is not codified under Kenyan law. This does not mean that they are not important. In fact, if well protected, trade secrets can give an organisation a distinctive competitive advantage. This article considers ways in which in-house counsels can drive the trade secret protection agenda in their organisations. WHAT IS A TRADE SECRET? As stated in the preceding section, there is no legislation in Kenya governing trade secrets and hence no local definition of the term “trade secret”. However ..read more

Kenya’s new Data Protection Act (“DPA”) was recently hailed as a trailblazer and pace setter for data privacy in Africa. The DPA came into force in November 2019. Since then, business leaders have been making concerted efforts to understand its requirements and to formulate compliance plans. One thing to note is that the key enforcement agent (the Data Protection Commissioner) of the DPA is yet to be appointed. However, it is widely expected that the Commissioner’s appointment will be done within this year. Once this happens, hefty financial penalties and criminal sanctions will be imposed for ..read more

If you are a fan of popular TV shows like KCB Lion’s Den, Shark Tank or Dragons Den, then I am sure you are familiar with the uphill task that entrepreneurs face when seeking capital for their businesses. It is very apparent from these shows that having a good idea is not enough to attract funding or capital. There are a number of factors that are at play and if you miss the mark on any of them, you may miss out on a funding opportunity. If you are thinking of seeking external funding for your business, then this Article may be just what you need. It focuses on criteria that may be used to ass ..read more