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The Data Protection Act, 2019.

Is your business involved in processing and using personal data? Do you rely on sensitive information—such as names, phone numbers, identification numbers, email addresses, bank account details, or physical addresses—to provide services to your clients? If the answer is yes, then protecting your clients’ personal data must be a top priority.

In today’s digital age, personal data is more vulnerable than ever, and the consequences of mishandling it can be severe, ranging from losing customer trust to legal penalties. Protecting sensitive information isn’t just a good business practice—it’s an essential requirement.

Here are just a few ways to ensure your clients’ data remains secure:

  • Implement Robust Security Measures: Use encryption, strong passwords, and access controls to prevent unauthorized access to sensitive information.

  • Educate Your Team: Conduct regular training on best practices for data protection and privacy.

  • Regularly Update Systems: Keep software and systems up-to-date to defend against potential cybersecurity threats.

  • Adopt Transparent Practices: Clearly inform clients about how their data is used and how you ensure its safety.

But the most important step of all? Registering with the Office of the Data Protection Commissioner and ensuring full compliance with the regulations outlined in the Data Protection Act of 2019. Compliance not only safeguards your clients but also protects your business from legal repercussions while maintaining a reputation of trust and reliability.

Data protection is more than just a checkbox—it’s an ongoing commitment to safeguarding the privacy and rights of those who trust you with their information.

Personal Data; Privacy and Rights of a Data Subject

At the heart of the Data Protection Act lies a commitment to safeguarding personal data. This encompasses any information that can identify an individual, such as names, contact details, identification numbers, and more.

The Act emphasizes the rights of a data subject, including:

  • The right to be informed: Individuals must know how their data will be used.

  • The right to access: Data subjects can request access to their personal data held by an entity.

  • The right to rectify: Individuals can correct inaccurate data about themselves.

  • The right to erase (right to be forgotten): People can request the deletion of their data in certain circumstances.

  • The right to object: Data subjects can oppose the processing of their data, particularly for direct marketing purposes.

Protecting personal data not only ensures compliance with the law but also builds trust between businesses and their clients.

Data Controllers & Data Processors: Regulations to Register with the Office of the Data Protection Commissioner

Under the Act, entities processing personal data are classified into two roles:

  • Data Controllers: Organizations or individuals that determine the purpose and means of processing personal data.

  • Data Processors: Entities that handle or process data on behalf of a Data Controller.

Both Data Controllers and Data Processors are required by law to register with the Office of the Data Protection Commissioner. This registration is a fundamental step toward accountability, ensuring that data handlers operate transparently and in compliance with regulations. Failure to register or meet the stipulated standards can result in legal and financial consequences.

Registration involves:

  • Submitting an application to the Office of the Data Protection Commissioner.

  • Demonstrating compliance with data protection principles, such as lawful data processing and secure storage.

  • Regularly updating records to reflect ongoing adherence to the Act.

Conclusion

The Data Protection Act, 2019, is a cornerstone in safeguarding personal data and protecting the rights of individuals. Compliance with this Act is not merely a legal obligation but also a testament to an organization’s integrity and commitment to its clients. By understanding the rights of data subjects, implementing robust security measures, and registering with the Office of the Data Protection Commissioner, businesses can create a safer and more trustworthy environment for handling personal data.

Protecting personal information isn’t just the right thing to do—it’s the smart thing to do for your clients, your reputation, and your future.

 

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Jackie.W. Murage

Associate- Corporate Services

As an Associate-Corporate Services, Jackline leads client relations, helping organizations develop strong corporate strategies. She brings relevant experience in the role of helping clients develop and implement corporate goals and objectives, formulate corporate strategies around their capital resources, achieve optimal strategic mix, and sustain a healthy risks-return balance.

Jackline holds a Bachelor’s Degree in Business Management; Finance and Banking from Maasai Mara University

Diana Kiarie

Manager- Accounts and Financial Reporting

Diana serves as the Manager of Accounts and Financial Reporting and holds a Bachelor’s degree in Commerce with a specialization in Accounting from Mount Kenya University. Additionally, she possesses a diploma in Business Management from the University of Nairobi. Currently pursuing CPA
Advanced Level, Diana has over five years of experience in finance, accounting, audit, and taxation for the firm, significantly enhancing strategic financial management activities.

CPA Gitau Nahashon

Senior Managing Partner

CPA Gitau Nahashon is an accomplished finance and accounting professional with over 21 years of experience in the fields of accounting, tax, audit, advisory, corporate governance, and business consultancy. Nahashon is the founding partner of GK Nahashon & Company, a rapidly growing medium-sized audit firm located in Rosslyn, Limuru Road.

He is a member of the Institute of Certified Public Accountants of Kenya (ICPAK), Kenya Institute of Management (KIM), and the Institute of Internal Auditors Kenya Chapter (IIA). CPA Nahashon is a passionate accountant, financial analyst, tax litigant, and advisor as well as corporate finance advisor. All this emerges from his background of Bachelor of Commerce, Finance, and Accounting as well as his professional training as a Certified Public Accountant (CPA-K) coupled with his many years of hands-on experience. He is a licensed practicing auditor and consultant with the Institute of Certified Public Accountants of Kenya. He is an MS Excel enthusiast having trained several high-ranking finance professionals in financial modeling, forecasting, and reporting using sophisticated Excel functions and formulae.

CPA Nahashon is a certified QuickBooks pro advisor, a position he uses to offer support in QuickBooks online as well as advise clients on the usage of QuickBooks for their accounting, payroll, and inventory management. This certification increases the confidence that clients have in our expertise in automated accounting software.

CPA Nahashon is extremely zealous of compliance, he has worked for several employers and private clients shepherding them to remain compliant with the regulations, policies, and guidelines of various regulators. As a risk and compliance professional, CPA Nahashon has brokered many deals and structured compliance highways for many organizations.

CPA Nahashon has enjoyed a thriving career in the private sector where he served in various capacities within the manufacturing, real estate, educational, and banking sectors. His major accomplishments include overseeing effective system migration, automation of MIS, conducting gap analysis for new CBK guidelines, successful acquisition structure, corporate governance training, financial reporting, training advanced MS Excel, successful audit engagements, setting up a successful microfinance company, several successful funding proposals among others.

This professional accountant has held the hands of many start-ups until they are mature with huge turnovers. He has mid-wifed micro enterprises to become medium-sized entities some of them with balance sheet of over Kshs 1B. He has successfully transitioned chamas to birthing enterprises that are current industry and market leaders.

He has served in various boards of academies, schools, SME’s and serves in advisory board of a thriving business in the service industry. He is currently a board chairman in one of the SME’s he serves as an independent director. He is an astute leader with impeccable people leadership skills and serves the community in several leadership positions transforming lives and offering hope to the destitute.