Digital Developments

Navigating generative AI and intellectual property rights: How key stakeholders can mitigate risks

In this era of dynamic technological advancements, artificial intelligence is consistently and speedily proving its effectiveness as a tool aiding in inventions. Further to this, we now have a prompt-based generation of novel content simply labelled generative artificial intelligence. The European Union is defining generative

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Artificial Intelligence holds intense promise in advancing literacy and lifelong learning

In the quest to achieve the Sustainable Development Goals (SDGs) by 2030, the world stands at a crucial crossroads. The 2023 SDGs report highlights a slower pace of progress over the past three years, signaling the urgency of intensified efforts. Yet, the challenges we face

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The future of digital trade in Africa lies in Digital Economy Agreements

  In an increasingly interconnected world, the digital economy is rapidly becoming the heartbeat of international trade and commerce. Yet, as the digital landscape continues to evolve, it becomes apparent that traditional trade agreements are struggling to keep up pace with the dynamic nature of

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Balancing innovation and control: The case of regulatory sandboxes in shaping the future of emerging technologies

A few weeks ago, the Worldcoin saga reverberated across Kenyan circles, characterised by disjointed communication from relevant government bodies, regulators revoking their licenses, and a significant information deficit among stakeholders and the general public. This painted a picture of the dire and ongoing situation. While

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DANCING THE TANGO WITH THE 30% ICT RULE

Policies pegged on local/foreign shareholding of companies in Kenya have been mired in controversy since 2006 when the local shareholding of foreign companies was reduced to 20% to attract foreign investments. This allowed investors to retain up to 70% of their equity, demonstrating the government’s

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Evolution of Huduma Namba to Maisha Namba: New digital ID roll-out while balancing innovation, privacy, and trust

The integration of Huduma Namba, the National Integrated Identity Management System (NIIMS), into various sectors initially sparked both excitement and scepticism in Kenya’s rapidly evolving digital landscape. What started as an ambitious initiative aimed at consolidating citizens’ data and streamlining government services began encountering significant

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Empowering SDGs achievement through the potential of digital technology

The rapid shifts in the digital revolution have transformed various aspects of society, from communication to business, and are now extending to the realm of sustainable development. Other factors notwithstanding, these technologies have ushered in a profound era of human advancement, redefining how we communicate,

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Safeguarding the digital sphere: The crucial role of content moderation for public interest and consumer protection

In the rapidly evolving digital landscape, content moderation has emerged as a critical defence against harmful and inappropriate online content. As the internet becomes an integral part of our lives, the need to ensure a safe and informative online environment becomes paramount. The digital age

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Zoom’s AI data controversy: The role of consumer rights and advocacy in safeguarding digital interactions

  In today’s digital era, the rapid advancement of technology has brought unparalleled convenience and connectivity to our lives. As video conferencing became a lifeline during the pandemic, Zoom emerged as a leading platform, enabling people to work, learn, and socialize remotely. However, recent developments

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Worldcoin craze in Kenya: Beyond the free money to financial security and data privacy concerns

Worldcoin is an iris biometric cryptocurrency project. Worldcoin was founded with the mission of creating a globally-inclusive identity and financial network, owned by the majority of humanity. Worldcoin consists of a privacy-preserving digital identity network (World ID) built on proof of personhood and, where laws

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New face of contractual agreements: Embracing evolving signature forms after thumbs up sign makes it to the list

Defining a contract The commercial world is largely premised on contractual agreements or arrangements. A universally accepted definition of a contract still does not exist, but the general concession is that a contract connotes an agreement enforceable by law. Succinctly put, a contract implies a

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The realm of virtual reality: Emerging legal and policy landscape

Embarking on an innovative journey, Apple at the beginning of June revealed that they would be launching a mixed-reality headset in 2024, the Apple Vision Pro. The market already has virtual reality headsets from Meta and Sony PlayStation but there is a growing use of

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Waning Allure and evolving landscape of Central Bank Digital Currencies: A Prudent Approach for Kenya

Central Bank Digital Currencies (CBDCs) have become a hot topic in global finance. These digital currencies issued and regulated by central banks are sparking intense discussions and research. CBDCs have the potential to revolutionize monetary systems, reshape transactions, and improve financial inclusion, security, and efficiency

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Adoption of AI by Corporates: Added value to businesses and challenges -A.M.

According to a McKinsey survey, high-performing companies attribute most of their profits to their integration and use of AI. According to the report, proactive AI adopters can see significantly higher profit margins in comparison to non-adopters. They are also positive about the future, predicting to

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Data leaks in AI and policies to minimise the risks

A data leak is when information is exposed to unauthorised people due to internal errors. This is often caused by poor data security and sanitisation, outdated systems, or a lack of employee training. Data leaks could lead to identity theft, data breaches, or ransomware installation.

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Corporates, influencers and copyright: Navigating the tide and entrenching a culture of compliance Precedent-setting decision?

If the recent pronunciation by a court in a copyright suit by Hip Hop artiste Hubert Nakitare, alias Nonini, against Japanese company Syinix Electronics Ltd and influencer Brian Mutinda, does not ring alarm bells for corporates and corporate influencers, concerning intellectual property, then what will?

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Internet of Things in Kenya: Using GSM to provide business solutions

Telcos in Kenya have adopted Internet of Things (IoT) technology through a variety of projects. Airtel has launched the ‘Always On’ solution to allow devices anywhere to stay connected after launching their eSIM, which has proven particularly useful in the transport sector for tracking cars. 

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Balancing information security and individual freedoms: the debate over information autocracy in the TikTok ban

The rise of TikTok, a popular video-sharing app, has been met with controversy over data security concerns and information autocracy risk. Several governments around the world, including the United States, the EU, Canada, and others, have imposed partial or total bans on TikTok due to

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Era of the Metaverse: Potential adoption in Kenya, risks and opportunities

The Metaverse can best be described as an evolution of today’s internet and as something we are deeply immersed in, rather than something we primarily look at. It represents a convergence of digital technology to combine and extend the reach and use of cryptocurrency, artificial

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Era of Deepfakes: Risks and the need for protective laws: An Explainer

Deepfakes refer to a form of Artificial Intelligence that is programmed to replace one person’s likeness with another in recorded video. The term “deepfake” comes from the technology called “deep learning,” which is a form of AI. Deep learning algorithms, which teach themselves how to

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Communications Authority emerging technologies regulatory sandbox: A Primer

The Communications Authority of Kenya in January sent out a call for public consultation for emerging technologies regulatory sandbox. A regulatory sandbox can be considered as a regulatory space where a regulator allows anyone within the delimited space and time to test out business models,

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Starlink prepares ground to enter Kenyan market

SpaceX is aggressively growing Starlink internet satellite coverage throughout the globe. It provides a worldwide broadband network leveraging a low-earth orbit constellation to give high-speed broadband internet with the ability to enter remote and geographically isolated zones where internet access is difficult to achieve.  It

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Cause of delay to broaden revenue base via minimum tax

Section 12D of the Income Tax Act was introduced via the Finance Act of 2020 which sought to impose a minimum tax of 1% on gross turnover. The tax rate was introduced to ensure that everyone, regardless of whether they make a profit or loss,

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What you need to know about embedding Privacy by Design to protect personal data

Privacy by design is a framework for personal data protection that aims to embed privacy considerations into the design and development of systems, products, and services. The approach advocates for the integration of personal data protection measures into the entire lifecycle of a product or

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ChatGPT issues: Regulations, policies and implications on fintech companies

Generative Pre-trained Transformer or ChatGPT as it is commonly referred to, is a chatbot launched by OpenAI, a company that develops Artificial Intelligence (AI) and natural language tools,  in November 2022. ChatGPT is an AI chatbot that uses advanced natural language processing to engage in

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Uproar over Zuku services call for guidelines to streamline Internet Service Providers

Zuku, an internet service provider owned by Wananchi Group, has recently faced sharp public criticism. The company received widespread backlash online from its customers over poor internet services. Zuku customers experienced internet outage, downtime, and slow speeds for an extended period. To further worsen the

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Digitisation of government services: The journey continues

The government’s aim to transition at least 90% of government services online seems closer than ever. 5,000 services are set to be digitised within the next six months. To this end, 300 services have been digitised.  Although it will be difficult to digitise 5,000 services

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Forecast 2023: Tech innovations to expect in Kenya

Kenya ranks among the top digital and tech economies in Africa. This is as a result of its advancement in the development of large-scale ICT infrastructure, broadband connectivity, and other digital services. Often referred to as Africa’s Silicon Savannah, Kenya is the regional ICT hub

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Taxing the digital economy: Indepth look at DST, loopholes and how to get it right

The global economy has gone digital. This has increased the issue of tax avoidance and tax equity and sparked an increase in digital taxes worldwide, therefore increasing the number of challenges to trade law. Kenya is one of the nations that have rolled out a

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Kenya’s Digital Agenda: Journey towards the Fourth Industrial Revolution

Kenya will be marking its 59th Independence Day on Monday, December 12, 2022. This year’s Jamhuri Day Celebrations, dubbed “Innovation Jamhuri Day,” will focus on technology and innovation. A departure from prior years’ celebrations, this year’s Jamhuri is poised to look back at Kenya’s digital

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A shot in the arm for digital literacy after Huawei joins ITU

Digital literacy has been the new normal with a bunch of companies and enterprises opening avenues to ensure that their clients and users of their products and services, explore and gain more information about their products and services with ease. This has seen some companies

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How social platforms are eating into media space and the implications on public policy

When Jurgen Habermas, a German philosopher, wrote about the public sphere, he conceived of it as a space where people can share opinions and thoughts freely in support of the democratic process. The state is, however, not part of the public sphere which has the

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e-governance: Paving the way to digital transformation

There are unique opportunities to use ICT for economic growth, productivity increase, and better service delivery.  According to the International Cooperation Development 2019 report on Guidelines and Roadmap for full deployment of e-governance systems in Africa, there are two critical elements of e-governance: digital elements

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Mitigating data breach costs

IBM’s Cost of a Data Breach Report 2022 offers IT, risk management and security leaders a lens into factors that can increase or help mitigate the rising cost of data breaches. It is a global report comprising data from 17 countries and regions, and 17

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 FinTech in Africa Part 2: Current gains and forecast evolution in new countries

According to a McKinsey report, the African financial market which includes both fintech and formal banking was valued at $150 billion as of 2020. The evolution of the market is projected to be centered on 11 important countries that provide a favorable environment for fintechs

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Will ICT play an increasingly important role in Kenya’s election? 

The hearing of the presidential election petition this week have had the ICT systems used in the election process under the microscope and have proven that the systems are essential to achieving a credible electoral outcome.  Nevertheless, the risks and unforeseen challenges these technologies carry

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Fintech in Africa (Part 1): African tech boom is more than a buzz; future is bright

The financial industry has benefited greatly from the buzz surrounding the African tech boom, with reports of African fintech businesses raising money becoming commonplace in tech media. It accurately reflects how much venture capitalists and investors have attracted financing to the fintech sector.  Fintech has

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Harmonising Africa’s regulatory for the realisation of an African data economy

In Part III of our series “Dissecting the African Union Data Policy Framework”, we will cover the key considerations in aligning a country’s regulatory context with the requirements of an African data economy.  A trusted data environment requires users to trust the entire political and

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What will cross border transfers on the African continent look like under the AU Data Policy Framework?

For digital trade to occur, data has to be moved across borders. While data accumulation can be a safe and secure way to manage data, hoarding data without means to use, exchange, or repurpose in a safe manner can create underutilisation risks, which may decrease

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Safeguarding ICT customers through Consumer Protection Guidelines and Customer Care standards

Kenya’s ICT regulator, Communications Authority, has released guidelines to clarify how the Authority expects licensed service providers to respect and protect ICT consumers’ rights and encourage best practices by licensed service providers and promote the provision of high-quality services to consumers. The Customer Protection Guidelines

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The AU Data Policy Framework: Africa’s solution to data emancipation?

The data policy framework for African countries seeks to maximise the benefits of a data-driven economy by creating an enabling policy environment for private and public investments necessary to support data-driven value creation and innovation.  The document, if implemented accordingly, will increase data policy harmonisation

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Council for Responsible Social Media: Walking a tightrope to regulate social platforms

The Council for Responsible Social Media is a recently established non-partisan and voluntary group that consists of five members from civil society organisations, data and technology, peace and security, and media. The Council aims to minimise online harms and make social media platforms safe for

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Digital transformation: Overview of a study on Kenya’s digital readiness

Kenya ranked 116th out of 193 countries in the UN E-Government Development Index 2020 and has been on a steady journey towards embodying full digital transformation.  In light of the advancements made by the Kenyan government, GIZ (Deutsche Gesellschaft für Internationale Zusammenarbeit), Estonian Centre for

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IPv4 to IPv6 Migration: Why the future of the internet depends on it

Internet Protocol (IP) addresses are critical for connection to the Internet because they represent the numbers that uniquely identify devices connected to the Internet. Every device connected to the internet has a unique IP address.  However, a global shortage of IPv4 addresses has prompted all

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Hope for digital stakeholders after launch of DCI forensic lab to combat cybercrimes

The war against cybercrime in Kenya went a notch higher following an initiative by the government to curb the surge in the vice.  During the launch of a new DCI national forensic laboratory in Nairobi on Monday, June 13, 2022, President Kenyatta singled out sim

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Enhancing telecommunication interoperability in Kenya: A Peek at Draft Interconnection Regulations, 2022

The draft  Kenya Information and Communications Act (Interconnection) Regulations form part of a series of features highlighting the salient details of the four draft regulations published by the Ministry of ICT.  Why is it important At its core, the draft Interconnection Regulations have been developed

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ICT infrastructure sharing: A close dissection of the draft regulation with hopes to accelerate digitisation of the Kenyan economy

From fibre optic cables to telecommunication masts, multimedia gateways to mobile money transfer platforms, the development and deployment of tangible and intangible ICT infrastructure is an extremely capital-intensive undertaking.  ICT infrastructure rollout and availability is critical to ensure access to reliable digital services. In a

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Here is what Digital Credit Providers need to know as licensing deadline approaches

The Central Bank of Kenya on Tuesday, May 17, 2022, issued a press release in relation to licensing of Digital Credit Providers (DCPs). The deadline for licensing of DCPs is September 17, 2022.  The announcement by CBK serves to remind DCPs that are yet to

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Economic Survey 2022: A look at ICT sector performance during and after the pandemic

The Kenya National Bureau of Statistics (KNBS) recently released the Economic Survey 2022, detailing how various sectors and job markets performed and offered insight into the post Covid-19 recovery. Kenya’s economy rebounded in 2021 compared to 2020, with most sectors recording significant improvement. According to

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What KRA needs to do before leveraging on digital intelligence to weed out tax evaders

The Kenya Revenue Authority (KRA) has announced the establishment of an advanced forensic laboratory that will provide the authority the capability to access financial data from taxpayers’ computers and mobile phones, in a bid to detect tax evasion and to reduce financial fraud.  The Kenyan

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The journey towards developing nuclear energy in Kenya to power a digitised economy

Energy is vital for the economic progress of a country. It has a significant impact on all aspects of development, ranging from environment, social, economic, agriculture, population and livelihood. The COVID-19 pandemic also served to catalyse digitalisation of all aspects of economic activities. . Kenya’s

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Recognising the youth during World Intellectual Property Day and what recordation entails for importers

The World Intellectual Property Day is observed annually on April 26. Since the year 2000, the day is celebrated to raise awareness of the impact patents, copyright, trademarks and design have on our daily life. Intellectual Property (IP) rights are used to encourage innovation and

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Future of work: Equipping the next generation with advanced IT skills

Kenya is poised to introduce coding for secondary and primary school students. This is after the Kenya Institute of Curriculum Development (KICD) approved a new syllabus that offers to equip children with coding skills. The rollout of the syllabus in Kenya will be a first

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Data Privacy Certification: Establishment of Global Cross-Border Privacy Rules Forum and Resurrection of the Privacy Shield

On Thursday, April 21, 2022, US Commerce Secretary Gina M. Raimondo issued a statement on the establishment of the Global Cross-Border Privacy Rules (CBPR) Forum. The forum consists of Canada, Japan, the Republic of Korea, the Philippines, Singapore, Chinese Taipei, and the United States of

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EdTech: Deploying contemporary Information Technology solutions for Academic Delivery

By Paul Okanda The Covid-19 pandemic has disrupted many economic sectors and allowed a number of them to accelerate their hitherto slow adoption of information technology systems for efficient service delivery. One of the showcase emerging sectors remains education. This sector is now thriving with

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Details of the newly launched National Digital Master Plan expected to accelerate socio-economic growth

Information Communication Technologies are developing so quickly that there is a need to design a way to allow constant growth in the economic system and community. This is why the Cabinet Secretary for ICT, Innovation and Youth Affairs, Mr Joe Mucheru,  launched the Kenya National

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Barriers to digital foreign trade in Kenya: A US perspective

The 2022 National Trade Estimate Report on Foreign Trade Barriers (NTE) is the 37th version in an annual series that highlights significant foreign barriers to US exports, US foreign direct investment, and US electronic commerce. The NTE Report identifies significant barriers, regardless of whether they

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KEMSA banking on Information Technology systems to guarantee effective national healthcare supply chain system

By: John Kabuchi Information Technology solutions continue to provide limitless opportunities facilitating much-needed efficiency at the Kenya Medical Supplies Authority (KEMSA) as part of organisational reforms. KEMSA is a strategic State Corporation mandated to undertake roles and responsibilities to ensure supply chain excellence for Health

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Road to film and broadcast content regulation: KCFB’s proposed co-regulation framework and issues raised

The Kenya Film Classification Board seeks to assess the regulatory framework of the broadcast and Over The Top (OTT) and Video on Demand (VOD) in the country with a view to implement a co-regulation framework in a bid to ease business as well as create

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Data Commissioner calls for public comments on draft Alternative Dispute Resolution framework

The Office of the Data Protection Commissioner (ODPC) has called for comments from the public on its first draft Alternative Dispute Resolution (ADR) framework for data protection disputes.  The ADR, in the context of the framework, is a voluntary process of settling data protection disputes

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Microsoft launches premier African engineering hub in Kenya

President Uhuru Kenyatta, accompanied by ICT CS Joe Mucheru, on Thursday evening, presided over the launch of Microsoft’s premier engineering hub, the Africa Development Centre (ADC).  The ADC, valued at Kshs. 3 billion ($27 million), is one of the largest software engineering facilities in Africa,

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Communications Authority releases draft guidelines to protect and keep children safe online

Digital access is no doubt double edged. On one hand it exposes children to a wealth of benefits and opportunities, but on the other a host of risks, including access to harmful content, sexual exploitation and abuse, cyber bullying, and misuse of their private information.

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New regulations set to tame predatory digital lending practices in Kenya

Digital lenders have up to September 2022 to comply with regulatory requirements, including licensing by the Central Bank of Kenya (CBK). The Central Bank of Kenya (Digital Credit Providers) Regulations, 2021 (“Draft Regulations”), which are expected to be published before the end of March 2022,

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Cybersecurity in Kenyan Fintech, threats, trends and solutions: Highlights of GIZ Report, 2022

Digital payments are progressively entering the mainstream, in correlation to the increased access, use, and adoption of ICTs in Kenya. However, the transition to and eventual adoption of digital payments will bear its own risks, in the form of cybersecurity risks.  Against this backdrop, “A

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Proposed EU Data Act and possible impact of the rules

On February 23, the European Commission proposed new rules on who can use and access data generated in the EU across all economic sectors. These rules would be contained in the proposed Data Act. According to the press release, the proposal for the Data Act

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Investing in the Metaverse: Opportunities in the platform’s next frontier

Human social interactions are on the verge of the next major evolution as we enter the age of the metaverse. The metaverse provides humans with access to a digital platform in parallel with our physical reality. The internet as we know it has the potential

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IEBC concerned over bid to integrate Huduma Namba into voter listing and verification process

The Independent Electoral and Boundaries Commission (IEBC) has expressed concerns over the integration of Huduma Namba (National Integrated Identity Management System (NIIMS)) into the voter registration and verification process.  Through a memorandum to the National Assembly’s Committee on Justice and Legal Affairs, the IEBC stated

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Central Bank Digital Currency discussion: The pros, cons and reading between the lines

Central Bank Digital Currency discussion: The pros, cons and reading between the lines The Central Bank of Kenya (CBK) recently released a discussion paper on a Central Bank Digital Currency (CBDC) intending to tease out a conversation around the possible introduction of a digital currency

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What you need to register as a data controller or processor

2022 has been hailed as Kenya’s year for data protection compliance. Despite enactment of the Data Protection Act in November 2019, enforcement of Kenya’s data protection framework has largely remained hindered due to lack of a functioning regulatory supervisory authority, as well as insufficient regulations

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Artificial Intelligence Policy in Kenya: The journey towards regulation needs to commence

Artificial intelligence (AI) is defined as the simulation of human intelligence processes by machines, especially computer systems. AI systems work by ingesting large amounts of labeled training data, analyzing the data for correlations and patterns, and using these patterns to make predictions about future states.

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Lifting the veil of ambiguity around transfers of personal data outside Kenya – the 2022 version of the draft Data Protection (General) Regulations

In an increasingly globalised world, consequential and integral to international trade is the flow of data. More than ever, for-profit organizations are expanding the scope of their operations across the globe to access new and larger markets or to capitalize on lenient tax regimes. Correspondingly,

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Privacy and data trends to watch in 2022

It is 2022 and data protection continues to be a major issue in business. For companies operating in multiple jurisdictions, there are key trends that will be important for them to keep in mind. The growing call for international data protection collaboration In 2021, the

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Meta takes data security a notch higher by launching privacy centre to educate users

As more and more economic and social activities take place online, the importance of data privacy and protection is coming to the fore even as more users voice concerns over security of their private information.  This points to why Meta launched a prototype Privacy Centre

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Brands should embrace online content creators

By: Grace Wandera Brands have since time immemorial invested in every opportunity available to enhance their presence and reputation among the target market. Maintaining a good reputation and presence is among key priorities for every brand. While a number of years ago brand consciousness was

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Data Protection Commissioner announces opportunities for the ODPC and stakeholders to collaborate during dual data protection report launch

Kenya’s Data Protection Commissioner Immaculate Kassait has asked stakeholders to collaborate with her office to increase awareness of Data Protection laws and simplification of the legal framework.  Ms Kassait said it is not the sole responsibility of the Office of the Data Protection Commissioner to

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A look at the Critical Infrastructure Protection Policy

Critical infrastructure assets are designated assets or facilities, whether owned by private or public entities which are designated as essential to the provision of vital services to Kenyans for their social and economic wellbeing. These assets, if destroyed, degraded or rendered unavailable, would impact on

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Kenya’s Cybersecurity Priorities in a Post-Covid World

Kenya ICT Action Network (KICTANet) with the support of UK’s Digital Access Programme convened a round table meeting to deliberate on Kenya’s common cybersecurity priorities in a post Covid-19 world and to consolidate the various stakeholder priorities to inform the country’s cybersecurity strategies. Currently, Kenya

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Elections 2022: Bulk Political Messaging Do’s and Don’ts

Kenyans can expect to receive an influx of political messages as we approach the August 2022 General Election. Most political aspirants and candidates will seek to capitalize on the campaign period through use of bulk political Short Message Service (SMS). Unlike past experiences, the 2022

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The Next Chapter for the Internet and Online Social Interactions as Facebook Rebrands

Facebook has rebranded to Meta. In his presentation at the company’s annual Connect conference, CEO Mark Zuckerberg detailed how his company aims to build a new version of the Internet stating that, “We are at the beginning of the next chapter for the Internet, and

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Hope for Improved ICT Infrastructure after High Court Orders Implementation of Initiatives to Aid Access to Justice

Information, Communication and Technology (ICT) has for years now been an enabler of Kenya’s economy and development. When the coronavirus pandemic hit in 2020, the government looked at ICT to provide various solutions given that the Ministry of Health had laid out various measures including

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There’s a New Sheriff in Town: Meet the New Communications Authority Boss

Following a dramatic exit from the public stage after a protracted procurement controversy at the Independent Electoral and Boundaries Commission (IEBC) three years ago, Mr. Ezra Chiloba has returned to the limelight. Popularly referred to as “Chilo-bae” during the 2017 General Election, Mr. Chiloba re-enters

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Meetings in the Metaverse? The Endless Possibilities in the Companies (Amendment) Act, 2020

The term Metaverse is used to describe a virtual space within digital environments such as online games, social media, and virtual reality. It is a network of always-on virtual environments in which people can interact with one another and digital objects while operating virtual representations

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Report on the ICT Practitioners’ Bill, 2020

The Information Communication Technology Practitioners Bill (National Assembly Bill No. 38 of 2020) seeks to establish a legal framework for the training, registration, licensing, practice and standards of Information, Communication Technology (ICT) professionals in Kenya. The Bill sponsored by the Hon. Godfrey Osotsi, M. P,

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A review of the draft KENIC.KE domain name WHOIS policy

KeNIC is a company, limited by guarantee, licensed to manage and administer the dot ke Country Code Top-Level Domain (.Ke ccTLD) name. As a registry they record, store and maintain details of domain names in the Top Level Domain (TLD).  WHOIS is a query and

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SIM Card Registration & Verification – A Threat to Hyper-Surveillance

The deadline for all Mobile Network Operators (MNOs) to ensure all SIM cards are linked to a legal registration identity document is fast approaching- 09th September, 2021. This follows a directive issued by the Communications Authority of Kenya (CA) earlier in August, 2021 which also

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ODPC, time to press play?

Is your company compliant with the Data Protection Act, 2019? Or does it have systems to ensure that it is compliant with data protection laws? The Act which was enacted in 2019 regulates the processing of personal data and has provisions on how to protect

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Data Policy Framework for Africa

The African Union Commission (AUC) is in the process of developing a Data Policy Framework for Africa. The process which is made possible by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) under the Data-Cipation programme, is being spearheaded by Research ICT Africa (RIA). Currently, RIA

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Data Breaches and Cyber Security: What you need to know

A few years ago, many corporations used to think data protection meant security of systems. And this was because they thought the word protect meant security in the context of cyber security. While security of data is a way of implementing privacy and data protection,

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The Cost of Data Breaches

Growth of Technology Kenya’s digital landscape has grown immensely amid the Covid-19 Pandemic period partly due to the reliance of technology as a saving grace. With the growth, new technology and increased internet connectivity has led to an increase in information sharing. This has improved

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Data Sovereignty: Threat to Cloud?

On June 22, Senegal’s President Macky Sall launched a national data centre which will host Senegal’s all government data and digital platforms in an effort to strengthen its digital sovereignty. The 70 million Euro data center has been financed with a Chinese loan and built

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A Review of a report on publicly available Data Policies of Commercial Banks

The Centre for Intellectual Property and Information Technology Law (CIPIT), Strathmore University has published a study of the Publicly Available Data Policies of Commercial Banks operating in Kenya in Relation to a Set Data Protection Standard. The report compares the banks’ data policy provisions against

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State of the GDPR at 3 and its global effect

As of Tuesday 25 May, it was 5 years of General Data Protection Regulations (GDPR). 3 years since its enforcement and its impact on the world can be felt. The Regulations have elevated the awareness of privacy and data protection from boardrooms to living rooms

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Goodies from Facebook Safety and Security team

NEW TOOLS TO MANAGE FAKE NEWS ONLINE On 26th May 2021, Facebook launched new ways to: inform people if they’re interacting with content that’s been rated by a fact-checker as well as  take stronger action against people who repeatedly share misinformation on Facebook.  Whether it’s

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Regulatory Impact Assessment on the Data Protection Regulations

The Office of the Data Protection Commissioner (ODPC) vide a Gazette Notice No. 4697 informed the public that a Regulatory Impact Assessment (RIA) on the proposed Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 had been prepared. The aim of the RIA

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Children of a lesser god? How Whatsapp is imposing Terms and Conditions outside the EEA

WhatsApp’s new terms of service will go into effect from May 15, 2021 all over the world except for the EU. This is because WhatsApp users in Europe can opt-out of the new privacy policy owing to the General Data Protection Regulation (GDPR), which shields

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Public Bodies and data protection: What you need to know

Public bodies are expected to comply with the provisions of the Data Protection Act, 2019. The Act defines a data controller as a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of

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Big Data 101

The term ‘big data’ refers to a collection of data that is large and complex. It is data that grows drastically with time and is difficult to process or store using the traditional data management systems (relational database and data warehouses). Although the storage of

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A note on the Data Protection (General) Regulations

Earlier this month, the Data Protection Task Force along with the Office of the Data Commissioner (ODPC) and the Ministry of ICT, published 3 draft regulations for public participation. This note provides some of the key segments of the Draft Data Protection (General) Regulations, 2021.

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Primer on the proposed registration of Data controllers and processors

The Data Protection Commissioner has published the draft Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021. These Regulations will give effect to the provision of the Data Protection Act that provides for the registration of data controllers and data processors.  The registration

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Data Protection Regulations: What To Expect

In January 2021, the Cabinet Secretary for Information, Communications, Technology, Innovation and Youth Affairs Hon. Joe Mucheru constituted the Taskforce on the Development of Data Protection General Regulations. The mandate of this taskforce is to develop data protection regulations, conduct a comprehensive audit of the

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