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Kenya Data Protection Act 2019 · ODPC · DPO

Data Protection Act Kenya: compliance made simple

If your business collects names, phone numbers, ID numbers or M-Pesa details, the Kenya Data Protection Act 2019 applies to you. Here's what the law requires — and how we get you registered, documented and audit-ready.

ODPC registrationGap assessmentsOutsourced DPOStaff trainingBreach response
The law in plain English

What is the Data Protection Act, 2019?

The Kenya Data Protection Act, 2019 (DPA) governs how organisations collect, store, use and share personal data about people in Kenya. It is enforced by the Office of the Data Protection Commissioner (ODPC), which registers data controllers and processors, handles complaints and can issue enforcement notices and fines.

"Personal data" is broad: names, phone numbers, ID numbers, M-Pesa details, email addresses, CCTV footage, staff records and patient or student files all count. If your business keeps any of these, the Act applies to you — whether you are a clinic, school, SACCO, shop, NGO or online store.

Data controllers vs data processors

A data controller decides why and how personal data is used (for example, a school deciding to keep parent contacts). A data processor handles data on a controller's behalf (for example, the IT company hosting that school's system). Both have obligations under the Act, and an organisation that plays both roles registers for each.

Key obligations for Kenyan businesses

  • Lawful basis & consent — have a valid reason for every use of personal data, and get clear consent where that is the basis.
  • Transparency — tell people what you collect and why, usually through a privacy notice.
  • Data subject rights — let people access, correct, object to and request deletion of their data.
  • Security safeguards — protect data with appropriate technical and organisational measures (access control, encryption, backups, staff training).
  • Breach notification — report qualifying data breaches to the ODPC within 72 hours of becoming aware, and inform affected people where there is a real risk of harm.
  • Data Protection Impact Assessments (DPIAs) — required before high-risk processing such as large-scale health data or systematic monitoring.
  • Data Protection Officer (DPO) — designate one where your core activities involve large-scale monitoring or sensitive data. A DPO can be outsourced.
ODPC registration

Do you need to register with the ODPC?

Under the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021, organisations processing personal data must register unless exempt.

USUALLY EXEMPT

Small organisations

Entities with an annual turnover below KSh 5 million and fewer than 10 employees are exempt from mandatory registration — unless they fall in a mandatory sector below.

ALWAYS REGISTER

Mandatory sectors (any size)

  • Education & healthcare
  • Hospitality, bars & restaurants
  • Financial services, insurance & SACCOs
  • Telecoms, transport & property management
  • Direct marketing, gaming & betting
Category (private sector)EmployeesAnnual turnoverRegistration fee
Micro & small1 – 50Up to KSh 5MKSh 4,000
Medium51 – 99KSh 5M – 50MKSh 16,000
Large100+Over KSh 50MKSh 40,000

Registration certificates are valid for 24 months and must be renewed. Fees are the ODPC's, not ours — confirm current figures on odpc.go.ke before applying.

Penalties

What happens if you don't comply?

The ODPC can issue enforcement notices and administrative fines of up to KSh 5 million or 1% of the previous year's annual turnover, whichever is lower. Data subjects can also lodge complaints and seek compensation. Beyond the fine, a public enforcement action or data breach can cost you customers' trust — which is usually the bigger loss.

How we help

DPA compliance & outsourced DPO services

KABSS FUSION takes you from "not sure where to start" to registered, documented and audit-ready.

STARTER PACK

DPA 2019 Compliance Starter Pack

  • ODPC registration
  • DPA gap assessment
  • Privacy policy
  • 2-hour staff training
KSh 55,250 KSh 65,000

October offer. ODPC fees billed separately.

ONGOING

Outsourced Data Protection Officer

  • Named DPO for your organisation
  • Handling data subject requests
  • DPIAs for new systems
  • Breach response & ODPC liaison
  • Annual audits & refresher training
Monthly retainer — quoted on scope
TECHNICAL

Security safeguards

  • Encrypted backup & disaster recovery
  • Access control & endpoint protection
  • Data audits & retention schedules
  • Paired with our cybersecurity services

Gap assessment

We map what personal data you hold, where it lives and who can see it, against the DPA and ODPC guidance.

Registration

We prepare and file your ODPC registration and keep renewal dates on record.

Policies & training

Privacy notice, data-handling procedures, breach plan and staff training tailored to your sector.

Ongoing DPO

Requests, DPIAs, breaches and annual audits handled — so compliance stays current.

FAQ

Data Protection Act questions

Does the Data Protection Act apply to small businesses?
Yes. The Act applies to any organisation processing personal data of people in Kenya. Small businesses with turnover under KSh 5 million and fewer than 10 employees are exempt from registration (unless in a mandatory sector), but they must still follow the Act's other rules on consent, security and data subject rights.
Who must register with the ODPC?
Data controllers and processors must register unless exempt. Organisations in sectors such as education, healthcare, hospitality, financial services, insurance, telecoms, transport, property management, direct marketing, gaming and betting must register regardless of size.
How much does ODPC registration cost?
ODPC registration fees are KSh 4,000 for micro and small entities, KSh 16,000 for medium and KSh 40,000 for large private entities. Certificates are valid for 24 months. Our Starter Pack covers the preparation and filing work; ODPC fees are paid separately.
What is the penalty for breaking the Data Protection Act?
The ODPC can impose administrative fines of up to KSh 5 million or 1% of the previous year's annual turnover, whichever is lower, alongside enforcement notices and compensation claims from affected individuals.
Do I need a Data Protection Officer?
You must designate a DPO where your core activities involve large-scale regular monitoring of people or processing sensitive data such as health records. Many organisations outsource the role — KABSS FUSION provides outsourced DPO services.
How long do I have to report a data breach?
Qualifying breaches must be reported to the ODPC within 72 hours of becoming aware of them, and affected people should be informed where there is a real risk of harm. A documented breach response plan makes this deadline realistic.

Find out where you stand — free

Send us your sector and staff size on WhatsApp and we'll tell you whether you must register, what you're missing and what it will cost to fix.