Andrew Stegmann

Kenyan Data Protection Act Signed Into Law

This information is courtesy of Iseme, Kamau & Maema Advocates (IKM).

On Friday 8th November, 2019, Kenyan President Uhuru Kenyatta signed into law the Data Protection Act, 2019.

The Act gives effect to Article 31 (c) and (d) of the Constitution of Kenya, 2010 which guarantee every person the right to privacy.

Highlights

1. Key definitions

“Data subject”- an identifiable natural person who is the subject of personal data.

“Personal data”- any information relating to an identified or identifiable natural person.

“Data controllers”- natural or legal persons, public authorities, agencies or other bodies which, alone or jointly with others, determine the purpose and means of processing of personal data.

“Data processors”- natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.

2. Office of the Data Protection Commissioner

The Act establishes the office of the Data Protection Commissioner (“DPC”) to be recruited and employed by the Public Service Commission upon appointment by the President subject to the approval of the National Assembly.

3. Registration of Data Controllers and Processors

It is an offence to act as a data processor or data controller unless one is registered with the DPC.

4. Data Processing

Data must be processed in a manner that: upholds the data subject’s right to privacy; lawfully; limited to the purpose for which it is collected; limited to the purpose for which it is collected; accurate and up to date; kept in a form which identifies the data subjects for no longer than is necessary; and not transferred outside Kenya save as permitted in the Act.

5. Notification of Breach

Data controllers must employ appropriate security measures to prevent the unauthorized access, disclosure or loss of the personal data collected by them. In the event of breach, they are required to report it to the DPC within 72 hours and to the affected data subjects without undue delay.

6. Transfer of Data Outside Kenya

Personal data may only be transferred outside Kenya with the approval of the DPC upon proof of the existence of appropriate safeguards for the data being transferred.

7. Penalties for non-compliance

General penalty- a fine not exceeding Kenya Shillings Three Million Shillings (Ksh. 3,000,000/- (US$30,000) or imprisonment for a term not exceeding 10 years, or to both.

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2]. Image sources: [1], [2].

Andrew Stegmann

Langa, Khayelitsha, and Gugulethu Residents Can Now Get Unlimited Free WiFi, Courtesy of Google

Cape Flats residents in Cape Town, South Africa now have access to unlimited free WiFi, courtesy of Google. Over 100 WiFi towers, called Google Stations, were launched by Google South Africa across Langa, Khayelitsha, Gugulethu, Delft, Elsies River, and Philippi on Thursday.

Google Africa director Nitin Gajria said the areas represent some of the most under-served communities in the country, with high unemployment and crime rates. “By gaining access to information via the internet, we hope that people in these communities will get a more equal opportunity to learn and develop and live more empowered lives,” Gajria said.

Google said the WiFi will be accessible in residences, public areas, universities, transportation hubs and shopping malls. Alongside its WiFi rollout, Google also announced a $1 million (roughly R14.7 million) investment in South Africa to support the economic empowerment of girls and women.

Business Insider South Africa previously reported that Cell C is hoping to use lamp posts, bus stops, transport hubs and council-owned buildings in Cape Town as WiFi hotspots. The telecommunications company signed a memorandum of understanding (MOU) with the City of Cape Town last October, but no timelines for the project were given.

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2]. Image sources: [1], [2].

Andrew Stegmann

South Africa’s New e-Visa System

South Africa will pilot its new e-visa system in the coming weeks as it aims to attract investors and people with skills that are critical to building the economy.

Speaking to BusinessTech recently, Department of Home Affairs spokesperson Siya Qoza said that the pilot will be relatively limited to begin with as it aims to test the resilience of the system.

“The pilot will be conducted with Kenya first at the OR Tambo and Lanseria airports,” he said. “At the end of the month, we will evaluate the project and look at which other countries to expand the e-visa system to.”

Qoza added that the system is quick and has been designed to be as user-friendly as possible.

He estimated that the entire application process would take around 20 minutes, provided the applicant has all of the necessary supporting documents ready for submission.

Should one of the required documents be missing, applicants can resume the process exactly where they left off at a later date, he said.

Other changes

Minister of Home Affairs Aaron Motsoaledi said that his department is also lowering turnaround times for critical work skills visas, which are now issued within four weeks in 88.5% of applications.

By comparison, business and general work visas are issued within eight weeks in 98% of applications, he said.

“The department has also located visa services within the offices of various investment facilitation agencies around the country.

“In addition, visa requirements have been simplified for countries such as China and India, which are key markets for tourism to South Africa,” he said.

South Africa recently waived visas for travelers from Saudi Arabia, United Arab Emirates, Qatar, New Zealand, Cuba, Ghana and Sao Tome and Principe.

While countries such as Qatar and Ghana already have visa-free or visa on arrival agreements with South Africa, it would be considered a serious boon if South Africans could travel visa-free to countries such as the UAE and New Zealand.

Home Affairs said it was currently in talks with these countries on two main issues.

“We have entered negotiations with these countries with the first priority being an implementation date for visa-free access to South Africa,” it said.

“Once this has been confirmed, our second priority is reciprocity.”

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2]. Image sources: [1], [2].

Andrew Stegmann
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New Mara Group Cell Phone Factory Opening in South Africa

Efforts to revive South Africa’s sluggish economy and create much-needed employment are set to receive a major boost with the launch of Mara Phone’s first cell phone manufacturing plant in South Africa.

South African President Cyril Ramaphosa, as part of the recently launched District-Based Development Model, will later this week launch the Mara Phone Plant at Dube Trade Port in KwaZulu-Natal.

During South Africa’s inaugural Africa Investment Forum in November last year, company founder and Chief Executive Officer, Ashish Thakkar, 38, announced that his company would invest R1.5 billion in a South African business venture over the next five years. Almost 11 months later, the Rwanda-based Mara group has made good on its promise.

The modern state-of-the-art plant, with an annual production capacity of over 1.2 million handsets, is expected of manufacture two models of smartphones – the Mara X and Mara Z. The company plans to launch upgraded versions annually.

According to the company’s website, The Mara X costs $179 (approximately R2,683), and the Mara Z costs $254 (approximately R3,806). Both phones have 720x1440p HDR-capable screens utilizing Corning Gorilla Glass. The cheaper Mara X has a MediaTek MT6739 quad core processor, 1GB of RAM, and 16GB of internal storage, as well as a fingerprint reader. It runs Android Go (a lightweight version of Android). The more expensive Mara Z has a Qualcomm Snapdragon 435 processor, 3GB of RAM, and 16GB of internal storage, as well as both a fingerprint reader and facial recognition for unlocking, and runs full Android. The Mara Z is part of Google’s Android One program, which provides a manufacturer unalterable version of near-stock Android, as well as 3 years of frequent security updates, and 2 years of operating system updates.

The venture will generate hundreds of high-skilled direct jobs and thousands of indirect jobs. It will contribute to the transfer of technology and high-tech knowledge in South Africa. On its Twitter account, Mara Phones said more than 60% of the staff at the plant are women while 90% of the workforce will be youth.

Mara Z smartphone.

The production is expected to serve the domestic market as well as the regional market, especially the SADC region, contributing to strategies that position South Africa as the gateway to Africa.

Given the location of the operations, Mara Phones will be designated as a local product once production commences. Promotion will be conducted through a mix of traditional and digital/online media while utilising local platforms to influence local markets.

The phones are expected to be listed on commerce sites such as Jumia, Konga, and Amazon. The company also plans to sell the phones via retail partnerships with telecom operators Vodafone, MTN and Airtel.

Addressing reporters at the Investment Forum last year, Thakkar said his company had plans to develop the phone in plants across the continent’s five regions.

Mara Group founder and CEO Ashish Thakkar (right), with Akinwumi Adesina, President of the African Development Bank (AfDB), holding replicas of the new Mara smartphones to be produced in South Africa, during a AfDB event in 2018.

“We all know the importance of high quality and affordable smartphones and the impact this can have on the continent. Quality smartphones mean we can truly enable financial inclusion, micro-lending and micro-insurance. This can translate into better education, digital healthcare and agriculture efficiency and improve commerce.

“If this is all going to be possible… we [need] quality and affordable smartphones. Unfortunately, we have quality smartphones but they are not affordable and if it is affordable, it is not quality,” he said at the time.

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email marketing@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2]. Image sources: [1], [2].