Data Localization and Compliance Requirements in Kenya
Navigating the Data Protection and Privacy Act
The concept of **data localization**—requiring personal data to be stored within the country’s borders—is a growing global trend. While Kenya’s Data Protection and Privacy Act (DPPA) does not mandate *strict* localization, it imposes strict conditions on the **cross-border transfer** of personal data.
Key Compliance Requirements for Transfer
- **Adequate Level of Protection:** You must ensure that the country or cloud service provider receiving the personal data offers an equivalent level of data protection to that provided under the DPPA.
- **Consent or Contract:** Cross-border transfer usually requires the explicit, unambiguous consent of the data subject (the individual) or is necessary for the performance of a contract to which the data subject is a party.
- **Local Registration:** All businesses processing personal data, regardless of where they store it, must register as a Data Collector/Data Processor with the **National Information Technology Authority Kenya (NITA-U)**.
For ease of compliance and peace of mind, many Kenyan businesses choose to store all sensitive customer data within Kenya on secure local servers or highly vetted local data centers.