On 5th of October 2022, the Office Data Protection Commissioner (“ODPC”) issued a public statement citing a raft of enforcement measures against 40 digital lenders and a leading healthcare provider. The move marks the first enforcement activity since the ODPC’s establishment. In this article, we consider the implications of the public notice issued by the ODPC. 

A Privacy Assessment: What it is and Why you need it

Mutie Advocates privacy assessement

Conducting a privacy assessment is crucial to your data protection compliance journey. A privacy assessment is an in-depth evaluation of the personal data an organisation holds and its current data handling practices. Through this process you can identify the key privacy risks facing your organisation and the compliance gaps you need to fill. Privacy assessments involve two critical steps: data mapping and  gaps assessment. In this article, we consider the value of a privacy assessment to your privacy compliance program. We describe the best way to do this assessment in order to optimise your organisation's compliance program. This article is part...

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The First Step Towards Data Protection Compliance

Following the enactment of the Data Protection Act (the ‘Act’), 2019 and its supporting regulations, many organisations are gearing toward compliance. Privacy compliance has several aspects to it including determination of privacy governance structures; data mapping; privacy gaps assessments; development and implementation of policy and procedural frameworks; data security; and training & awareness. When embarking on the project, it is tempting to overlook initial training and sensitisation, but if properly executed it can guarantee the success of your compliance program. Let us consider some of the reasons why a privacy leader or manager should give priority to training and awareness as they develop a privacy compliance program.

Scope of the Kenya Data Protection Act

In the course of doing business, it is common to interact with personal data relating to clients, suppliers, contractors and employees. You must handle this information in accordance with privacy laws and regulations to avoid litigation, regulatory fines and sanctions or disrepute to the business. With the enactment of the Data Protection Act (the ‘Act’) and supporting regulations, many businesses are now revisiting their relationship with personal data. In this article, we consider the scope of application of the Act and how and when the exemptions apply.

5 Ways the Data Protection Act Impacts Procurement

One of the key aspects of data protection compliance is procurement or third party vendor compliance. The Data Protection Act provides that where a data controller desires to use the services of a data processor, then he must first ascertain that the data processor has put in place sufficient safeguards for data protection.

FAQs: Personal Data Breaches

One of the most challenging areas in data privacy compliance is on data breach management. The Data Protection Act, 2019 places an obligation on data controllers to notify the Data Commissioner and data subjects of some types of data breaches. Further, a notification must be done within 72 hours of becoming aware of the data breach. Data Processors must also report data breaches albeit to the data controller. What is a personal data breach and in what circumstances should an organisation make a notification? We tackle some frequently asked questions on this area of data privacy..

The Role of the Board in Data Protection Compliance

Data Protection compliance is a buzz word right now. What is it? Who is responsible? What is the cost of non-compliance? If you are in a leadership position in a company that handles personal data, you may be wondering about these and other related questions. More so, as a board member, you may share similar concerns or you may be wondering what the board’s role should be in compliance.

FAQs on the role of the Data Protection Officer

Mutie Advocates FAQs Data Protection Officer

If you are pursuing privacy compliance, you may need to consider appointing a Data Protection Officer (“DPO”). Although the Act provides for the designation of a DPO in certain instances, it may be worthwhile for all organisations to consider designating one. Who is a Data Protection Officer and what are the benefits of appointing one? We consider common questions associated with the role of the Data Protection Officer.

Digital Lending and Data Privacy in Kenya

Mutie Advocates Digital Lending Data Privacy

Prior to 2020, digital lending witnessed an unprecedented rise and growth in Kenya. According to a 2019 FSD report, the boom was fuelled by widespread use of mobile phones, high demand for credit and a lax regulatory environment. Digital lenders fall into two main categories: mobile banking loans(i.e. loans by licensed banks such as M-Shwari) and digital loans (i.e. loans granted by unregulated firms like Tala and Branch). The regulatory environment made it very easy for unregulated providers to enter the market. By 2020, Kenya had over 120 digital lending platforms.