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DPA (Kenya)
Data Protection Act, 2019 (Kenya)
WhenIn effect since 25 November 2019
Who enforces itOffice of the Data Protection Commissioner (ODPC)
Who it applies toData controllers and processors established or processing personal data in Kenya.
Tell the regulatorNotify the Data Commissioner within 72 hours of becoming aware where there is a real risk of h…
DPO requiredControllers and processors may appoint a DPO for public or private bodies, systematic monitori…
RegistrationControllers and processors must register, pay tiered fees (KES 4,000-40,000) and renew every 2…
Transfers abroadTransfers need proof of appropriate safeguards to the Data Commissioner or a listed condition
Request deadline7 days for access
Maximum fineUp to KES 5 million or 1% of prior-year annual turnover, whichever is lower (about USD 39,000…
57%
of Kenya's 21 requirements are already met by European Union (GDPR). Here is what DPA (Kenya) adds, biggest gaps first.
RegistrationGovernanceBig gap
GDPR0 No general registration; controllers communicate DPO contact details to the supervisory authority.
DPA (Kenya) adds3 Controllers and processors must register, pay tiered fees (KES 4,000-40,000) and renew every 24 months; small entities exempt unless in listed sectors.
ss.18-19; Regs 4, 9, 11, 13, LN 265 of 2021 · source ↗
LocalizationTransfersBig gap
GDPR– Not addressed
DPA (Kenya) adds2 Data for listed public-good purposes (civil registration, elections, public finance, health, education) must be processed in Kenya or keep a serving copy there.
s.50; Reg. 26, LN 263 · source ↗
Reach abroadReach and lawful basisGap
GDPR2 Applies to non-EU controllers offering goods or services to, or monitoring the behavior of, people in the EU.
DPA (Kenya) adds3 Applies to controllers and processors outside Kenya that process personal data of data subjects located in Kenya.
s.4(b)(ii) · source ↗
ChildrenReach and lawful basisGap
GDPR2 Parental consent required for information society services offered to children under 16; Member States may lower the age to no less than 13.
DPA (Kenya) adds3 Age 18. Processing requires parent or guardian consent and must serve the child's best interests; profiling children for direct marketing is barred.
s.33; Reg. 13(2) · source ↗
Request deadlinePeople's rightsGap
GDPR2 Respond within one month, extendable by two further months for complex or numerous requests.
DPA (Kenya) adds3 7 days for access; 14 days for rectification, erasure, objection and restriction; 30 days for portability.
Regs 7(3), 8(3), 9(4), 10(4), 11(3), 12(3), LN 263 of 2021 · source ↗
MarketingPeople's rightsGap
GDPR2 Absolute right to object to direct marketing; prior consent required for electronic marketing under the ePrivacy Directive, with a customer soft opt-in.
DPA (Kenya) adds3 Commercial use, including direct marketing, requires express consent; messages must carry a simple opt-out, and objection is absolute.
s.37; Regs 14-17, LN 263 · source ↗
DPIAGovernanceGap
GDPR2 DPIA required before processing likely to result in high risk; prior consultation if residual high risk remains.
DPA (Kenya) adds3 DPIA required before high-risk processing, with a mandatory list; reports go to the Data Commissioner 60 days before processing.
s.31; Regs 49-53, LN 263 · source ↗
RetentionGovernanceGap
GDPR1 Storage limitation: keep identifiable data no longer than necessary; erase when no longer needed.
DPA (Kenya) adds2 Keep data only as long as reasonably necessary, maintain a retention schedule with periodic review, then erase or anonymize.
s.39; Reg. 19, LN 263 · source ↗
Criminal liabilityEnforcementGap
GDPR1 Member States set other penalties, including criminal penalties, for infringements not subject to administrative fines.
DPA (Kenya) adds2 General penalty of up to KES 3 million or 10 years' imprisonment, or both, for offenses under the Act.
s.73(1) · source ↗
Already covered by GDPR: Lawful basis, Consent, Sensitive data, Rights, DPO required, DPO qualifications, Records, Tell the regulator, Tell people, Transfers abroad, Maximum fine, Private action.
A gap means DPA (Kenya) is more demanding than GDPR on that requirement, on our 0 to 3 scale (how we score). Read the cited section before acting. Not legal advice.
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