Expertise

Data Protection and Privacy Law Services in Nairobi, Kenya

In today's digital economy, data has become a core business asset, making its protection not just a best practice, but a legal necessity. The rapid growth of e-commerce and digital services in Kenya has heightened the importance of safeguarding sensitive information. At BIK ADVOCATES LLP, our specialized team of data protection and privacy lawyers in Nairobi helps businesses navigate this complex landscape. We ensure your data handling practices are fully compliant with legal requirements, protecting your reputation and building trust with your stakeholders.

Our comprehensive services are designed to address the full lifecycle of data, from collection to deletion. We provide practical, strategic advice that goes beyond simple legal compliance, focusing on proactive risk management and fostering a culture of data privacy within your organization.

The Foundation of Data Privacy in Kenya

Our legal services are built on a deep understanding of Kenya's primary privacy legislation: the Data Protection Act, 2019. This Act, along with its regulations, sets forth the principles and obligations for collecting, processing, and storing personal data. It established the Office of the Data Protection Commissioner (ODPC), the regulatory body responsible for enforcement.

Failure to comply with the Data Protection Act can result in significant penalties, including fines of up to KES 5 million or 1% of a company's annual turnover, and even imprisonment. By partnering with us, you can be confident that your business operates within the legal framework, avoiding these costly consequences.

Why Proactive Data Protection is Essential for Your Business

Mitigate Legal and Financial Risks
Proactive compliance helps you avoid hefty fines and legal action resulting from data breaches or non-compliance.
Build Client Trust
Demonstrating a strong commitment to data privacy enhances your credibility and strengthens relationships with customers, partners, and investors.
Strengthen Your Reputation
A robust data protection framework protects your brand's reputation from the negative publicity associated with data breaches.
Ensure Regulatory Readiness
We help you prepare for scrutiny from the Office of the Data Protection Commissioner (ODPC), ensuring all your data processing activities are transparent and legally sound.

Our Comprehensive Data Protection and Privacy Services

We offer a suite of services tailored to help your business achieve and maintain full compliance with the Data Protection Act and international standards.

1. Data Protection Compliance Audit

We conduct a thorough review of your data management practices to identify gaps and potential risks. Our audit covers data collection methods, storage security, access controls, and data processing agreements with third parties.

2. Drafting of Privacy Policies & Legal Documents

A well-drafted privacy policy is the cornerstone of data protection. We create clear, comprehensive, and legally compliant policies tailored to your business operations. Our services also include drafting:

Data Processing Agreements between data controllers and data processors.
Data Transfer Agreements for cross-border data flows.
Consent Forms to ensure lawful data collection.

3. Registration with the ODPC

All data controllers and data processors operating in Kenya are legally required to register with the ODPC . We assist you with the entire registration process, from preparing the application to submitting it and following up with the ODPC to ensure a successful outcome.

4. Employee Training and Capacity Building

Data protection is a shared responsibility. We provide customized training sessions for your employees to educate them on their roles in protecting personal data, recognizing and reporting data breaches, and adhering to internal privacy policies.

5. Data Breach Response and Crisis Management

In the event of a data breach, a swift and legally compliant response is crucial. We help you develop a comprehensive breach response plan, providing legal support during crisis management, stakeholder communication, and liaison with the ODPC as required by law.

Frequently Asked Questions

The Data Protection Act, 2019 is the primary law in Kenya that governs how personal data is collected, processed, and stored.

Its main purpose is to protect the privacy of individuals by setting a clear legal framework for any organization, government agency, or business operating in Kenya. The Act applies to any entity that handles or controls personal information, whether large or small.

Secure Your Business, Strengthen Trust!

At BIK ADVOCATES LLP, we believe that protecting data is protecting your business. Let's help you build a secure, compliant, and trustworthy organization.