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Data Protection Law

We help businesses understand data protection obligations and provide them with the legal advice to do so.

Over the past two decades, data protection has undergone a profound transformation. As data breaches and cyber threats have become more sophisticated, businesses have become more conscious of the importance of protecting sensitive information. This has led to an increase in regulations.

As technology continues to evolve, so too will the data protection laws and regulations. Fortunately, our team of lawyers are here to ensure your business keeps up in this ever-changing world.

How we can protect your business

Data privacy measures are essential to safeguarding your customers, employees and stakeholders. Our team of data protection lawyers can perform an audit of your current measures, before providing training on best practices within the workplace.

A data processing agreement is a legal requirement for businesses outsourcing any of their personal data, such as payroll, tech support or marketing.

Our specialist team of data protection lawyers can assist you in preparing an agreement, outlining how your vendors need to store, process, protect, and use data. Having a robust agreement is crucial to ensuring general data protection regulation compliance.

A data breach can have a significant impact on the reputation of your business. From the moment a breach is identified, we can help to manage the consequences. Should your business face an investigation, our lawyers can provide guidance and reassurance.

An individual whose data rights have been breached is able to seek compensation for damage or distress caused by data breaches by application to the court. Where a data breach has impacted upon a significant number of data subjects, the risk of civil litigation may be significant and the consequences for an organisation significant.

Our expert litigation lawyers can assess this risk immediately and assist you in mitigating the damage to potential claimants, ensuring you are prepared for any civil litigation which may follow.

International data transfers can be challenging to manage, with regulations varying across the world. Fortunately, our team of data protection lawyers can ensure your business is lawfully transferring information, allowing you to seamlessly operate across borders.

Our data protection services can ensure you are protected and secure. Our expert team has experience in a range of areas, including:

  • Handling complaints and Appearing before the Office of the Data Protection Commissioner (ODPC)
  • Drafting privacy policies and notices to best suit your needs
  • Drafting data processing and data sharing agreements to protect you when you need to share personal data with others (including customers, suppliers & contractors)
  • Drafting relevant terms in your standard contracts (including employment contracts)
  • Non-Disclosure Agreements and confidentiality agreements
  • Putting the right measures in place to transfer personal data outside Kenya
  • Ensuring compliance for international clients processing personal data in Kenya
  • Providing data protection audits to check for gaps in compliance.

The Data Protection Act 2019 includes criminal offences for which both an organisation and its directors may be prosecuted. When facing a criminal investigation for data protection offences, you need the support of data breach lawyers who understand both the complexities of data protection legislation and the realities of the criminal justice system.

The experience of our data protection team is set apart by the expertise of our criminal lawyers who can assist with:

  • Attending interviews under criminal caution
  • Responding production orders for use in criminal proceedings
  • Assist in the event of search and seizure
  • Represent you in court from first appearance through to trial.

Regulatory compliance should be a priority for your business, to safeguard personal data and protect customer rights. Complying with regulations such as the Data Protection Act and the Access to Information Act is essential to avoiding data protection risks.

Our team of lawyers specialise in data protection and can assess your practices, develop your policies, and help you to comply with relevant laws. We can even perform data protection impact assessments, helping to identify any potential risks.

With our expertise, you can confidently meet your data protection obligations.

Our team of data protection lawyers

At Hassan Luk, we have a team of lawyers who specialise in data protection. Whether you have a small business or an international organisation, we are here to ensure your data is protected. One of our lawyers will be assigned to your business, to provide you with advice and training that is tailored to your business needs.

Get to know our lawyers