ESS CONSULTANCY · PROFESSIONAL TRAININGNairobi, Kenya · essconsultke@gmail.com

KENYAN LEGAL FRAMEWORK

Primary legislation and regulator guidance

Use these authoritative sources alongside the course notes. Legislation and regulator guidance may be amended; confirm the current text before relying on it for a compliance decision.

Constitution of Kenya, 2010

Article 31 protects the right to privacy.

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Data Protection Act, No. 24 of 2019

Principal Kenyan statute governing the processing of personal data and the rights and obligations of data subjects, controllers and processors.

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Data Protection (General) Regulations, 2021

Supporting regulations on matters including data subject rights, consent, processing, DPIAs and security.

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Data Protection (Complaints Handling and Enforcement Procedures) Regulations, 2021

Regulations governing complaints handling and enforcement procedures.

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Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021

Registration requirements and procedures for data controllers and processors.

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ODPC Regulatory Framework and Guidance

Official ODPC legislation, regulations and guidance notes. Check for the latest guidance and amendments.

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ODPC Guidance Notes

Guidance on DPIAs, consent, children’s data, health data, education, research, public-sector processing and other topics.

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The course provides general training and is not a legal opinion. Organisations should obtain advice on their particular processing activities where necessary.