Country: Kenya: Coulson Harney LLP

The Data Protection Act was enacted in 2019 (DPA) and shortly after, the Data Protection (Registration of Data Controllers and Data Processors) Regulations (Registration Regulations), came into effect in 2021 creating procedures for the registration of data controllers and data processors that are established in Kenya or process personal data of data subjects located in Kenya. This was also outlined in the Guidance Note on the Registration of Data Controllers and Data Processors available here.

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Processing of personal data in the education, health, financial and communication sectors has long been predisposed to dangers and risks associated with unauthorised use and breaches. These sectors process high volumes of personal and sensitive personal data by virtue of the nature of their operations.

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In this insightful article, we explore administration as a strategic tool in the toolbox of a company in financial distress.

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With Kenya often representing innovation, cultural, creative ingenuity, and technical advancements, understanding the regulatory and commercial landscape in relation to intellectual property rights is increasingly critical. IP rights are territorial, which means that they are generally afforded protection in the country where the intellectual property is registered and/or used. Various international treaties have harmonized a great deal of intellectual property law, and there are ways of obtaining registrations in international regions.

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In today’s eco-aware market, advertisers often use environmental claims to attract consumers. However, unfounded or misleading claims not only deceive consumers but also undermine genuine environmental sustainability efforts. The evolving legal landscape emphasises the need for corporate entities to navigate environmental claims carefully to reduce legal risks. Courts no longer view advertisements as mere puffery but demand truthfulness, especially when claims significantly impact consumer decisions.

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