Kenya’s Data Protection Act: What Every Business Needs to Know (and How to Stay Compliant)

Data has become the new oil. Businesses in Kenya are increasingly relying on customer information to improve services, target marketing, process payments, and run daily operations. From client names and phone numbers to ID details, tax records, and shipping locations, personal data is now at the center of business activity.

But with great power comes great responsibility. In 2019, Kenya enacted the Data Protection Act (DPA), aligning with global standards like the EU’s GDPR. The law requires businesses—whether small shops, medium-sized logistics firms, or large corporates—to collect, use, store, and share data in a lawful and secure way.

Yet, many businesses are still unclear about what exactly is required, what the risks of non-compliance are, and how to start the compliance journey. At Brina Solutions, we advise businesses across Kenya on how to stay compliant. Here’s a practical breakdown.

1. Why the Data Protection Act Matters for Kenyan Businesses

The law applies to anyone collecting and processing personal data in Kenya, including:

Customer details (names, phone numbers, emails, addresses)
Business information (PIN numbers, tax details, registration numbers)
Employee records (contracts, salaries, next of kin)
Financial records (bank details, invoices)
Location data (delivery addresses, customer movements)

If your business touches personal data, the Act applies to you.

What happens if you ignore it?

Fines of up to KSh 5 million or 1% of annual turnover (whichever is higher).
Orders to stop processing data—paralyzing operations.
Investigations that damage brand reputation and erode customer trust.

And in today’s market, customers are more informed. A single breach of ID numbers, payroll, or tax records can undo years of brand building.

If your business needs clarity on compliance, our Business Advisory Services can guide you through practical steps.

2. Key Concepts You Need to Understand

Personal Data → Any information that can identify a person (name, phone, ID, PIN).
Sensitive Personal Data → Financial data, health records, biometrics, or political opinions.
Data Controller → The business that decides why and how data is collected (most businesses fall here).
Data Processor → A third-party handling data on behalf of a controller (e.g., outsourced IT or payroll services).
ODPC → The Office of the Data Protection Commissioner, Kenya’s data regulator.

Understanding these terms makes it easier to align your compliance strategy with business growth—something we cover in our Business Advisory programs.

3. Principles of Data Protection: The Golden Rules

Every business must follow these seven principles:

Lawfulness & fairness – Collect data legally and fairly, with consent where required.
Purpose limitation – Use data only for the stated purpose.
Data minimization – Collect only what you need.
Accuracy – Keep data correct and updated.
Storage limitation – Don’t keep data longer than necessary.
Security – Protect data with strong IT and staff training.
Accountability – Be ready to show compliance at any time.

These principles overlap with broader governance frameworks that we support under our Business Advisory Services.

4. Rights of Customers and Employees

Under the Act, individuals (data subjects) can:

Ask to see what data you hold.
Request corrections.
Request deletion (in some cases).
Object to marketing.
Withdraw consent at any time.

👉 Your business must have clear processes for Data Subject Access Requests (DSARs).

Developing these processes often requires policy drafting and change management, areas we cover in our Business Advisory practice.

5. Step-by-Step Guide to Compliance

Here’s a roadmap to compliance for Kenyan businesses:

Step 1: Register with the ODPC

Mandatory for all controllers and processors.
Fees: KSh 4,000–40,000 depending on size.

Step 2: Map Your Data

Identify what you collect, why, where it’s stored, and who you share it with.

Step 3: Draft Key Policies

Internal Policy → Rules for staff (e.g., no sharing client info via personal WhatsApp).
Privacy Policy → Public statement on your website/contracts.

Step 4: Review Third-Party Contracts

Ensure providers sign Data Processing Agreements (DPAs) covering security, breach reporting, and exit terms.

Step 5: Secure IT Systems

Use strong passwords, MFA, encryption, firewalls, and backups.
Restrict access to sensitive data.

Step 6: Train Your Staff

Human error is the #1 cause of breaches.
Run short, practical workshops on handling data securely.

Step 7: Prepare for Breaches

Have a response plan.
Notify ODPC and customers within 72 hours if a breach occurs.

These steps mirror our structured approach in Business Advisory, where we help companies adopt compliance frameworks seamlessly.

6. Where Many Businesses Are Today

From our advisory work at Brina Solutions, most Kenyan businesses:

Handle client and staff data responsibly in practice, but lack formal documentation.
Use third-party systems but don’t have proper agreements in place.
Lack published privacy policies or staff training.
Haven’t registered with ODPC.

The gaps are often documentation and awareness, not technology.

This is where external Business Advisory support saves time and cost.

7. Cost of Compliance

Compliance is affordable. Typical costs:

ODPC Registration → KSh 4,000–40,000
Policies & Contracts → Minimal if drafted internally with guidance
Training → Short workshops/online sessions
IT Security → Often already in place; upgrades may be needed
Outsourced DPO (optional) → Larger firms may require one

For SMEs, compliance can often be achieved with less than KSh 500,000 in year one.

8. Why Compliance Is Good for Business

Compliance is not just about avoiding fines. It builds:

✅ Trust – Customers prefer businesses that protect data.
✅ Competitive edge – Compliance opens doors to international contracts.
✅ Efficiency – Data mapping streamlines operations.
✅ Resilience – Backups and clear protocols reduce cyber risks.

These benefits feed directly into stronger governance and growth strategies under our Business Advisory Services.

9. How Brina Solutions Supports Businesses

At Brina Solutions, we help Kenyan businesses stay compliant by:

Guiding through ODPC registration.
Drafting clear Data Protection Policies and Privacy Notices.
Training staff to handle data responsibly.
Reviewing IT systems and third-party contracts.
Developing data breach response plans.

Our approach is practical, affordable, and tailored to industries like logistics, retail, hospitality, healthcare, and financial services.

Learn more about our approach to compliance and governance in our Business Advisory Services.

Conclusion

The Kenya Data Protection Act is not just a box-ticking exercise—it’s about trust, security, and business growth.

Start small: register, draft policies, and train staff. Each step strengthens your compliance and safeguards both your customers and your operations.

At Brina Solutions, we make compliance simple and sustainable.
Contact us today to begin your journey toward full data protection compliance.