In today’s digital economy, data is one of your organization’s most valuable assets. But with that value comes responsibility. In Kenya, the Data Protection Act (DPA), 2019 is now fully in effect, setting out strict legal standards for how personal data must be collected, processed, stored, and shared. Compliance is no longer optional, businesses that ignore the law risk reputational damage, regulatory fines, and loss of consumer trust.

So, is your business truly DPA compliant? Here’s what you need to know, and what you can do about it.

Why the DPA Matters More Than Ever

Since its enactment in November 2019, the Data Protection Act Kenya has become the cornerstone of privacy regulation in the country. It aligns with international standards like the GDPR (General Data Protection Regulation), but it also addresses Kenya’s unique digital landscape. From telecom companies to banks, hospitals, NGOs, and SMEs, any organization handling personal data is considered a data controller or processor and is therefore subject to the law.

According to the Office of the Data Protection Commissioner (ODPC), hundreds of complaints and reports of unauthorized data use have been filed in the last year alone. Businesses that fail to comply have already faced investigations and, in some cases, penalties. As KIPPRA notes, the DPA “defines parameters for legitimate data processing” and ensures that data subjects’ rights are protected at all times.

Key Requirements Under the Kenya DPA

To be compliant with the Kenya Data Protection Act (DPA), your organization must meet several core obligations. These include registration, ensuring lawful data processing, protecting individual rights, and implementing strong data security measures.

1. Registration with the ODPC

All data controllers and processors are required to register with the ODPC. This includes employers handling employee data, healthcare facilities managing patient information, e-commerce businesses collecting customer details, and financial institutions processing client data. Registration not only demonstrates compliance but also builds trust with clients and stakeholders who know their data is handled responsibly.

2. Legal Basis for Processing Data

Organizations must have a lawful basis for collecting and processing personal information. Common grounds include consent from the data subject, fulfillment of a contract, compliance with a legal obligation, or legitimate business interests. Always ensure consent is explicit, informed, and documented, this protects your organization in case of audits or disputes.

3. Data Subject Rights

The DPA grants individuals several rights over their personal data. These include the right to access their information, correct inaccuracies, withdraw consent, object to processing, and request deletion of their data. Your organization must have clear internal processes to respond promptly to such requests, this is essential for compliance and for maintaining public trust.

4. Appointment of a Data Protection Officer (DPO)

Organizations that process large volumes of personal or sensitive data are required to appoint a Data Protection Officer. The DPO is responsible for monitoring compliance, advising management, and serving as the link between your business and the ODPC. Even if not legally required, having a trained DPO demonstrates accountability and readiness for audits.

5. Implement Data Security Measures

Under the DPA, businesses must implement technical and organizational measures to safeguard personal data from unauthorized access, loss, or breaches. This includes encryption, access controls, regular system audits, employee training, and secure disposal of data. According to Andersen Kenya, most data breaches in the country result not from malicious attacks but from weak internal controls and poor data handling practices.

6. Breach Notification

If a data breach occurs, your organization must notify the ODPC and affected individuals within 72 hours. Quick, transparent reporting demonstrates integrity and may reduce penalties. Failing to notify in time can result in serious legal and reputational consequences.

Penalties for Non-Compliance

The DPA gives the ODPC the authority to enforce compliance through penalties and sanctions. Businesses can face fines of up to KES 5 million or 1% of annual turnover, whichever is higher. In addition, the ODPC can suspend your data processing activities or issue public notices of non-compliance. For organizations that rely heavily on customer trust, such as banks, healthcare providers, and online platforms, non-compliance can have far-reaching consequences beyond financial penalties.

Key Steps Toward Kenya Data Protection Law Compliance

Many organizations still struggle to interpret what Kenya Data Protection Law compliance means in practice, especially around consent management, data storage, and breach notification.
If your organization is unsure where to begin, here’s a practical compliance roadmap to get started:

  1. Conduct a Data Audit: Identify what personal data you collect, why you collect it, and how it’s stored. Understanding your data flows is the first step to ensuring lawful processing.
  2. Map Data Processes: Document how data moves through your organization, from collection to storage to deletion. This helps you identify risks and weak points.
  3. Train Employees on Data Protection: Every staff member, from HR to marketing, should understand their role in data privacy. Regular training minimizes human error and strengthens compliance culture.
  4. Appoint a DPO or Data Lead: Having a designated officer ensures accountability and continuous monitoring of compliance with the DPA.
  5. Review Vendor and Partner Agreements: Ensure your third-party service providers also comply with the DPA. You remain responsible for how vendors handle your customers’ data.
  6. Establish a Breach Response Plan: Create a documented process for detecting, investigating, and reporting data breaches within the legal timeframe.

Each of these steps not only helps with compliance but also builds a strong foundation for responsible data management in your organization.

Don’t Just Comply, Lead

Compliance is about more than avoiding penalties, it’s about building trust. According to a 2024 survey, 82% of Kenyan consumers said they are more likely to engage with organizations that prioritize data protection and privacy. In an era where digital trust defines brand reputation, businesses that lead in compliance stand out.

Ready to Take the Next Step?

At Africa School of Project Management (ASPM), we help professionals and organizations across Kenya understand and apply data protection laws effectively. ASPM is accredited by both PECB and the Office of the Data Protection Commissioner (ODPC-Kenya) to offer certified training and capacity-building programs in Data Protection and Privacy.

  • For professionals: Enroll in our PECB Certified Data Protection Officer (CDPO) course and gain internationally recognized certification to advance your career.
  • For organizations: Request custom in-house training to help your staff understand compliance requirements and integrate best practices into daily operations.

Don’t wait for an investigation to take compliance seriously. Take proactive steps to safeguard your organization and earn the trust of your clients.

Contact us to schedule your Data Protection & Privacy Training today.