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].
We Have Won Graebel’s Global Superior Quality Achievement Award 2019
Relocation Africa has some great news to share with all its business partners, clients, and community members.
We are proud to say that we have won Graebel’s 2019 global Superior Quality Achievement Award, which was presented to us at Graebel’s recent Golden Globe Awards in Denver.
The award is given to the partner achieving the highest scores as reported by Graebel transferees (assignees) YTD for the current year. This reflects the effort we have put into ensuring that our clients and assignees receive the highest possible level of service quality across the board, for every assignment.
We look forward to celebrating this award with our entire team, strengthening the relationship we have with Graebel and our clients, and continuing to Embrace the Unknown.
For more information about the Denver, CO awards ceremony, visit Graebel’s website by clicking here.
Feel free to view the gallery from the ceremony below.
For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.
Sources: [1], [2]. Image sources: [1], [2].
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].
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].
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].