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MWITA& Company Advocates
Transactional Practice

Technology & Data Privacy

Data Protection Act compliance, privacy advisory, technology agreements, and cyber-law matters for businesses.

Tx
Framework
Data Protection Act 2019
Regulator
ODPC
Acting for
Businesses · Institutions · Start-ups
Overview

How we approach technology & data privacy.

Kenya's Data Protection Act 2019 created a comprehensive data-protection regime overseen by the Office of the Data Protection Commissioner, and compliance is now a genuine legal obligation for every business that processes personal data. The firm advises organisations on how to comply — from registration as a data controller or processor, through to privacy policies, data-processing agreements, and the response to a data breach.

Beyond data protection, the technology practice covers the agreements and structures that digital and technology businesses require: software licences, technology-services contracts, e-commerce terms, platform agreements, and the intellectual-property arrangements that digital products depend on. Where a technology matter becomes a dispute — a data breach, a software claim, a cyber-fraud — the firm brings its litigation capability to bear.

Services

What we cover in technology & data privacy.

01

Data Protection Compliance

Registration with the ODPC, data-protection audits, privacy notices, internal policies, and the compliance programme that the Data Protection Act requires.

02

Privacy Policies & Notices

Drafting and review of privacy policies, cookie notices, and the layered data-processing notices that organisations must provide to data subjects.

03

Data Processing Agreements

Drafting and negotiation of data-processing and data-sharing agreements — between controllers and processors, and between organisations that share personal data.

04

Data Breach Response

Advisory and representation in data breach incidents — breach notification to the ODPC, communication to affected individuals, and the regulatory investigation that a notified breach may trigger.

05

Technology Agreements

Software licences, technology-services contracts, SaaS agreements, e-commerce terms, and the platform agreements that technology businesses and their customers rely on.

06

Cyber-Law & Digital Disputes

Advisory on cybercrime under the Computer Misuse and Cybercrimes Act, cyber-fraud response, and litigation arising from digital transactions and online activity.

Approach

The way we run a technology & data privacy matter.

A four-step discipline applied to every brief, so the work is senior-led at the points where senior judgement matters, and moves predictably between them.

  1. Data Mapping & Gap Analysis

    The organisation's data flows are mapped; processing activities identified; a gap analysis against the DPA prepared with a prioritised compliance plan.

  2. Documentation

    Privacy policy, data processing register, consent mechanisms, and third-party data agreements drafted to meet the Act's requirements.

  3. Registration & Submission

    Registration as a data controller or processor with the ODPC completed, and any required impact assessments or prior-consultation submissions filed.

  4. Ongoing Compliance

    Annual review, training advisory, breach response support, and the day-to-day guidance that keeps the organisation compliant as its data activities evolve.

FAQs

Questions clients ask about technology & data privacy.

The ones we hear most often. For anything specific to your matter, a short call is usually the fastest way to an answer.

All firm FAQs →
  • Any organisation that processes personal data as a data controller or processor is required to register with the Office of the Data Protection Commissioner. The obligation covers Kenyan organisations and foreign organisations that process data about persons in Kenya.

Technology & Data Privacy Counsel

Speak with a partner about your technology & data privacy matter.

We will tell you, plainly, whether we are the right firm, and how we would propose to handle it. The first call is confidential and at no charge.