KENYA Law and Practice Contributed by: Ahmednasir Abdullahi, Asli Osman, Peter Muchoki and Elizabeth Wangui Mungai, Ahmednasir Abdullahi Advocates LLP
The enactment of the Data Protection Act, 2019 and operationalisation of the Office of the Data Protection Commissioner (ODPC) have significantly shaped this space. Litigation and enforcement actions are intensi- fying in areas involving data processing, cross-border data transfers and compliance with statutory obliga- tions under the Act. Litigation is particularly expanding around data gov- ernance frameworks, where organisations are increas- ingly being held accountable for inadequate internal controls, poor cybersecurity infrastructure and failure to align with prescribed data management and reten- tion standards.
As a result, technology and data protection have emerged as frontier areas of commercial litigation, making this one of the most dynamic and strategi- cally significant areas of legal practice in the country.
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