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Tech Companies and 30% Shareholding in Kenya

On 7th August 2020, the Ministry of ICT gazette the ICT Policy, 2020, a culmination of a long journey that started in 2016 with the Draft 2016 ICT Policy. In  this policy, the government seeks to, under equity  participation, enforce   the   requirement   that   only companies with at least 30% substantive Kenyan ownership, either corporate or…
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Principles of data protection: Data should be processed lawfully, fairly and in a transparent manner in relation to the data subject.

What does it mean to process data lawfully? For the Data processor or controller it means that the reasons or grounds for processing the data must be legal. If there is no legal basis for processing data then the processing will be unlawful. The data controller or processor cannot do anything with the data which…
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Principles of Data Protection: Processing in accordance with the right to privacy

The right to privacy is a right enshrined in the Constitution of Kenya, 2010 in Article 31 which states:- Every person has the right to privacy, which includes the right not to have– According to Article 12 of the Universal Declaration of Human Rights the right to privacy includes in part the right not to…
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Introduction to the principles of data protection

The Data Protection Bill, 2019 at clause 25 outlines 8 principles of data protection. The purpose of these principles is to give organizations, companies or persons who process personal data guidance on how to handle the data. The Bill places a duty on the data controller and processor to ensure compliance with the principles.  The…
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Data Protection Ecosystem

The Data Subject is central to the Data Protection Ecosystem as they are the source of data and the subject of protection. As per the Data Protection Bill, 2019, the Data Subject is an identified or identifiable natural person who is the subject of personal data. It is noteworthy that the GDPR gives a more…
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SERIES ON DATA PROTECTION

There are currently two Bills on Data Protection pending before both the National Assembly and the Senate. The Data Protection Bill, 2019 was tabled before the National Assembly for the first reading on 4th July 2019. the Senate Bill on the other hand was passed with amendments by the Senate on 10th July 2019 and…
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