Kenya

Karibu Kenya

The Data Protection Act No. 24 of 2019 (the Act) was signed into law and came into effect in November
2019 and sets out the regulatory framework for data protection in Kenya. It sets out guidelines on how
personally identifiable data can be used, stored, or shared.
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Consent

Consent must be informed, specific, and freely given, allowing individuals to withdraw it anytime.
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Breach Notification

Notify the Office of the Data Protection Commissioner and affected individuals promptly in the event of a data breach.
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Civil Registration Regulations

Process personal data in civil registries to align with data protection principles.
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Local Processing

Certain data must be processed on servers located in Kenya, as per regulations.

Regulatory Authority

The Civil Registration Regulations, The Data Protection (General) Regulations, 2021, along with the Data Protection (Complaints Handling and Enforcement Procedures) Regulations, 2021, and the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021, have also since been gazetted. The Act establishes the Office of the Data Protection Commissioner to ensure enforcement.
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Ms. Immaculate Kassait – Data Commissioner

Office of the Data Protection
Commissioner (ODPC)

The Office of the Data Protection Commissioner (ODPC) is the designated government agency that is key to ensuring appropriate handling of personal data in Kenya as enshrined in the Data Protection Act (DPA) of 2019.

Penalties

Fines

Non-compliance with Data Protection Act can result in administrative fines up to KES 5 million.

Imprisonment

Severe breaches, particularly those involving deliberate misconduct, can lead to imprisonment of up to 10 years.

Additional Resources (PDF Documents)