KENYA: DATA PROTECTION IN KENYA: CONSUMER PROTECTION

By Ariana Issaias,Daniel Mwathe Tuesday, November 16, 2021
  • SHARE THIS ARTICLE

Data is being seen as the ‘new gold’ around the world but the way it is ‘mined’ and used has significant implications for businesses and consumers. In Kenya, some key themes are emerging as priorities for companies striving to comply with the Data Protection Act. 

In supporting our clients with their compliance efforts, Bowmans’ data protection team in Kenya has prepared a series of podcasts on four critical data protection issues, starting with consumer protection. 

Consumer protection is of cardinal importance for any business collecting or processing personal information about consumers in Kenya. In part one of our podcast series, Angela Mukora asks panellists Ariana Issaias and Daniel Mwathe what rights consumers have in relation to their personal data, what obligations companies have towards consumers and, most importantly, what practical steps companies should take to give effect to these rights and obligations.

For example, the law requires that certain information be provided to consumers at the point when data is collected. The question is: how should companies go about providing this information in practice? 

Both Ariana and Daniel agree that transparency is vital, especially around what data is being collected and what companies intend doing with it. They say companies’ privacy policies must be clear, easy to understand and accessible to consumers. They also highlight the importance of enabling consumers to explicitly accept or decline the terms in companies’ privacy policies, such as by using opt-in mechanisms.

Also covered in this podcast is the current legal and regulatory position around the commercial use of consumers’ personal data, such as for direct marketing, advertising and customer relationship management activities such as loyalty programmes. 

Further, the panellists touch on security measures companies should take to guard against data breaches, data protection training for employees, and the next steps in the evolution of Kenya’s data protection regime, including the much-anticipated publishing of regulations.

Click here to listen to the podcast. We hope you find it useful and that it will whet your appetite for the three data protection podcasts to follow.