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CYBER SECURITY & DATA PROTECTION

As a Kenyan law firm, we offer specialized legal services in cybersecurity, data privacy, and information governance, helping organizations meet their legal obligations and manage digital risks. Our services are grounded in the Data Protection Act, 2019, the Computer Misuse and Cybercrimes Act, 2018, sector-specific regulations, and global best practices such as the General Data Protection Regulation (GDPR) and ISO/IEC 27001 standards.

1. Data Protection Compliance Advisory

Data Mapping and Impact Assessments (DPIAs)

Helping organizations assess how they collect, use, store, share, and process personal data.

Conducting DPIAs for high-risk processing activities as required by the Data Protection Act.

Compliance Program Design

Advising on lawful bases for data processing, retention schedules, cross-border data transfers, and privacy-by-design approaches.

Policy Development

Drafting and reviewing:

Data Protection Policies

Privacy Notices

Consent Mechanisms

Data Retention and Deletion Policies

Employee Data Handling Guidelines

2. Data Protection Officer (DPO) Support and Advisory

DPO as a Service

Acting as external Data Protection Officers for organizations without in-house capacity.

Training and Capacity Building

Training internal DPOs and compliance teams on legal obligations, risk identification, and stakeholder engagement.

3. Registration of Data Controllers and Processors

Controller/Processor Registration with ODPC

Assisting organizations in registering with the Office of the Data Protection Commissioner (ODPC).

Review of Processing Agreements

Drafting or reviewing data processing agreements between controllers and processors to ensure compliance with legal obligations.

4. Cybersecurity Legal Risk Advisory

Cyber Risk Assessments

Legal audits of cybersecurity frameworks to identify legal risks in data storage, access control, incident response, and third-party access.

Cybersecurity Policies

Drafting and advising on:

Information Security Policies

Acceptable Use Policies

BYOD (Bring Your Own Device) Policies

Incident Response and Business Continuity Plans

5. Incident Response and Data Breach Management

Breach Notification and Regulatory Support

Advising on breach containment, investigation, and mandatory notification to the ODPC and affected data subjects.

Liaising with Law Enforcement and Regulators

Coordinating legal response during cyberattacks, ransomware incidents, or system intrusions in compliance with the Computer Misuse and Cybercrimes Act.

Crisis Management Advisory

Supporting clients with legal communication strategies and managing reputational and legal fallout.

6. Legal Representation in Data and Cybercrime Matters

Enforcement and Investigations

Representing clients during ODPC investigations, audits, or enforcement proceedings.

Litigation and Dispute Resolution

Handling legal claims involving:

Data privacy violations

Identity theft or impersonation

Unauthorized system access or data breaches

Employee misuse of data or IT resources

7. Third-Party Vendor and Cloud Compliance

Vendor Due Diligence and Contracts

Advising on third-party IT service agreements, cloud services contracts, and outsourcing arrangements to ensure data protection and cybersecurity compliance.

Cross-Border Data Transfer Advisory

Structuring legal safeguards (e.g. Standard Contractual Clauses, Binding Corporate Rules) for international data transfers in line with Kenyan and global law.

8. Employee Data and Workplace Monitoring

Internal Compliance Support

Advising employers on processing of employee data, surveillance, biometric data use, and remote work privacy obligations.

HR Data Policies

Drafting employment contract clauses, workplace privacy notices, and data confidentiality agreements.

9. Sector-Specific Data Protection Advisory

Healthcare

Advising hospitals and clinics on patient data confidentiality, electronic health records (EHRs), and consent requirements.

Financial Services and Fintechs

Assisting banks, mobile lenders, and fintechs with KYC data compliance, fraud detection systems, and ODPC registration.

Education and EdTech

Legal advisory for schools and educational platforms on student data protection, parental consent, and digital learning risks.

Telecommunications and ICT

Ensuring telecom operators comply with data retention, SIM registration, lawful intercept, and data subject rights.

10. Training, Awareness, and Policy Advocacy

Data Protection and Cybersecurity Training

Providing in-house workshops for management, IT teams, legal departments, and staff on:

Data handling best practices

Cybersecurity awareness

Breach response and legal risks

Board Briefings and Strategic Advisory

High-level updates on regulatory changes, enforcement trends, and reputational risks.

Policy Engagement

Supporting clients in consultations and submissions on proposed ODPC guidelines, regulations, or cybersecurity legislation.