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New data laws signal higher marketing costs for firms

THE STANDARD SCI & TECH It will now be illegal for companies to collect personal data from Kenyans to use for direct marketing without obtaining the users’ consent. This is according to the Data Protection (General) Regulations, 2021 which introduces new statutory requirements that will significantly raise the cost of doing business for many firms. “In obtaining consent from a data subject, a data controller or a data processor shall ensure that the data subject has the capacity to understand and communicate their consent and is informed of the nature of the processing in simple and clear language,” explains the regulations. The new regulations define personal data to include information collected from surveillance cameras, information associated with web browsing as well as data collected from biometric technology among others. 

Central bank releases draft governance framework for payment system operators

THE central bank is developing regulations for the payment system industry. BW FILE PHOTO THE CENTRAL BANK has come up with a draft framework for the governance policy of operators of payment systems (OPS) to streamline the regulatory approach for the industry. Stakeholders are given until Jan. 15 to give their feedback on the proposal. The proposal forms part of the second phase of its development of policies and regulatory frameworks for the implementation of Republic Act No. 1127 or the National Payment Systems Act signed in October 2018. “This proposed policy provides the regulatory expectations on the governance arrangements and standards to be adhered to by all OPS, including the BSP, being the operator of the country’s real time gross settlement system,” the central bank said.

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