I agree to the terms and conditions...

It's only until recently that many Kenyans actually thought about what it means to check that box before signing up to an application or subscribing. Even then, them thinking about is sometimes a very light action. How often do you ever read the terms and conditions? Scratch that...how often do you ever scheme through the terms and conditions?


Here's a familiar scenario that you may have gone through: You're planning a trip...so you go on the internet and search for "flights to Mombasa". Suddenly, in the days that follow, the ads across all your devices are about travel - your email promotions, your Facebook ads, YouTube ads and general internet ads.


The growth of the technology sector has made data privacy and data protection a big deal across the globe over the years. When you accept the terms and conditions, you are often accepting your data to be collected and processed. How this data is used and stored should be of importance to you, and is contained in the fine print.


The conversation about data protection and data privacy was necessitated by the fact that personally identifiable information could get into the wrong hands, accidentally or deliberately. It has happened before like in the cases of the Facebook-Cambridge Analytica Data Scandal of early 2018.


When it comes to managing customer relationships in today's digital world, businesses must take a stand. You cannot sit on the fence if you intend to be competitive. This is why implementation of data privacy and data protection practices should be one of the practices that business owners already put in place without having to be forced to do it. It will build your customers' trust when they know they are in control of the data your business collects on them.


Some of the data collected includes: a person's race, sex, pregnancy status, marital status, health status, ethnic social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth; personal preferences, interests, behaviour, location or movements. This information is invaluable for business owners and marketers because they can target specific audience segments.


I say, ignorance is not bliss! Here are some of the basics you need to know about #DataProtection and #DataPrivacy in Kenya:

  1. Let's begin with definitions. Data protection is about the steps taken to keep information safe from corruption, compromise or loss. Data privacy is concerned with how data is handled ie consent, notice, and regulatory obligations. These two terms are sometimes used interchangeably.

  2. For your data to be collected and handled, you need to give consent. Your data cannot and should not be traded without your permission. This is the reason why you have to check the box saying you agree to the terms and conditions.

  3. Usually, when you get ads targeted to you on social media and the general internet related to your interests, the data is private. This means that the data is disconnected from your personally identifiable information. The ad buyers, ideally, should not be able to identify you as an individual.

  4. Your data should not be used for other purposes other than what it is was requested for.

  5. You can request to know what kind of data an organisation has about you with some exceptions.

  6. You can request that your data be deleted with some exceptions.

  7. You can request that the data be changed/corrected with some exceptions.


Your right to data privacy is limited:


- if it is a matter of national security;

- in the event of prevention, detection, investigation, prosecution or punishment of a crime;

- if it is in the interest of safeguarding rights of the data subject or another person;

- if it is for purposes of public interest; and

- if it is for purposes of compliance with an obligation imposed by law


Read more:

The Kenya Data Protection Bill, 2018


If you're a business owner and are keen on implementing data protection and privacy in your company, reach out to us.

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