Cyber Security, Privacy & Data Protection - CM Advocates LLP

Cyber Security, Privacy & Data Protection

We can advise our clients at each stage of the data lifecycle

We also offer legal advisory services in relation to privacy and data protection under the Kenyan Data Protection Act, 2019 as well as legal instruments like EU General Data Protection Regulation (GDPR), which is a benchmark for data protection. In addition, there are other legislations, which apply to data protection and privacy including the Consumer Protection Act, the Media Act and the Kenya Information and Communications Act.

The Kenyan Data Protection Act, which was enacted on 8th November 2019, applies to data controllers and processors established or resident in or outside Kenya in so far as they process personal data while in Kenya or of data subjects located in Kenya.

This law was enacted in accordance with the requirements of Article 31(c) and (d) of the Constitution of Kenya. Therefore, data protection and privacy have a constitutional underpinning.

At CM Advocates, our practice in cybersecurity, privacy and data protection focuses on internet sectors, e-Commerce and intellectual property, regulated industries (like telecom, financial, pharmaceutical, advertisement and gaming sectors) as well as public entities. We have expertise on contentious matters like data protection law-related claims of the individuals affected (such as employees’ information claims) and data breaches as well as non-contentious matters including data protection contracts, cybersecurity and data management advisory, data protection audits and compliance projects. In addition to assisting clients in their response to regulator investigations, we advise on class action lawsuits and other claims that arise out of privacy violations and security breaches. In collaboration with our other teams, we also counsel clients on crosscutting issues including on labour and employment, consumer protection, competition law and product-based liability.

We can advise our clients at each stage of the data lifecycle. At the first stage, we help our clients assess and reduce their privacy and security risks and comply with applicable laws. When developing new products and services or during marketing stage, we assist clients by advising on privacy and security at the outset to maximize the effectiveness of their offerings and avoid legal and regulatory pitfalls. We advise clients on complex issues associated with both personal and sensitive business data, including its collection, use, storage, disclosure, transfer and destruction. We guide and advise clients on legal compliance and business strategy relating to privacy and security risk management, cybersecurity and technology transactions.

Our areas of work include:

  • Strategic regulatory compliance advice;
  • Vendor management program development and implementation;
  • Cybersecurity and privacy contract development and negotiation;
  • Data protection programs development;
  • Data protection, privacy and cybersecurity audits, compliance risk assessment and remediation;
  • Cyber risk management and incident response;
  • Privacy policies for organizations and their websites and mobile privacy issues;
  • M&A and technology transactions;
  • Data security, privacy and technology regulatory response and litigation;
  • Regulatory investigations by sector-specific regulators;
  • Cross-border data flow requirements and solutions.

Related blogs & news

Issue 1 - April 2019

On 10" June this year (2019), we shall be celebrating our 5th year since inception. During these past years, our firm has grown from an initial team of two to a team of about forty, two thirds of whom are advocates. ...

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Attached, is information on the recently launched "HUDUMA NAMBA" for your reference....

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We would like to thank you for your business throughout the past years. You have been critical to our integral growth and success in our first 5 years, and I look forward to working with you in the coming years....

Issue 2 - July 2019

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Other Practice Areas

Anti-bribery & Anti-corruption

Our team is well versed in providing excellent strategic advice, which often results in cases being discontinued or in not-guilty verdicts at trial.

Aviation Law

CM Advocates is well versed in handling diverse legal and commercial matters related to aviation including litigation, corporate work, employment contracts, real estate contracts, passenger claims, baggage and freight claims and other related matters.

Capital Markets

Our clients include private companies, public listed companies, funds, investors and government institutions. We advise on all aspects of capital markets transactions.

Commercial / Business Law

Commercial law (also known as business law), which is an omnibus phrase for a range of legal services designed to support businesses in making money from their products and services, is indispensable in everyday business activities.

Constructions & Infrastructure Law

CM Advocates LLP walks with you in your construction journey from the construction project conception, design and planning, project procurement, project finance, project implementation and operation and maintenance

Tax Law Advisory

At CM Advocates, we offer timely, independent, innovative and results-driven tax advisory services.

Non-Compete, Non-solicit and Trade Secrets Practice

Our Non-Compete, Non-Solicit, and Trade Secrets Practice is tailored towards protecting your interests on termination of an employer-employee relation or other contractual engagements.

Wealth & Private Clients

Our Family Law specialists are at the vanguard of family law matters and provide service to both local and international clients. We understand that family issues can be difficult for those involved. Therefore, we approach each case with the openness and care due to such trying issues, offering personalized guidance and assistance.

Real Estate, Banking & Finance

We handle conveyancing and all types of property-related transactions and deals including sales and purchases, leases and licenses, estate planning and administration, real estate venture transactions, construction transactions, change of user and extension of leases and banking security documentation for both local and international clients.

Shipping, Logistics & Admiralty Law

Admiralty or maritime law deals with nautical issues and p1ivate maritime disputes. It is composed of both domestic law on maritime activities and private international law gov-erning the relationships between private parties operating or using ocean-going ships. At CM Advocates, we have a vibrant admiralty and transportation law practice focusing on transactional matters, dispute resolution, legal and regulatory compliance and general mari-time and trucking transactions.

Forensics & Investigations, Risk & Compliance

Working together with our associated forensic audit and corporate investigation company, our aim at CM Advocates LLP (hereinafter “CM Advocates”) is to combine our respective skills and provide our clients with a world-class integrated legal, compliance, forensic and investigative service.

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