Gov't Issues 14-Day Ultimatum to Data Controllers and Processors

The Office of the Data Protection Commissioner (ODPC) has issued a 14-day ultimatum to data controllers and data processors whose registration certificates have expired.

In a notice on Friday, August 28, the ODPC said the directive is anchored on the Data Protection Act, 2019 and the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021, which require entities operating as data controllers or processors to maintain valid registration with the Data Commissioner.

It reminded affected entities that registration is a legal requirement under Section 18 of the Data Protection Act, 2019. 

The law provides that an entity required to register as a data controller or data processor cannot operate in that capacity unless it is registered with the Data Commissioner.

Regulations 9 and 11 of the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 further provide that registration certificates are valid for 24 months and must be renewed upon expiry.

The regulations also stipulate that continued processing of personal data after the expiry of a registration certificate, without renewal, constitutes an offence.

"The Office of the Data Protection Commissioner (ODPC) reminds all data controllers and data processors whose registration certificates have expired to urgently regularise their registration status by applying for renewal," the notice read.

The ODPC said all entities affected by the expired certificates have been given 14 days from the date of the notice to comply with the registration requirements.

"Accordingly, all affected entities are required to regularise their registration status within fourteen (14) days from the date of this Notice by applying for renewal," the notice added.

The ODPC warned that entities that fail to comply within the stipulated period could face enforcement action in accordance with the law.

"Failure to comply within the stipulated period may result in the ODPC initiating appropriate enforcement action in accordance with the law," the notice concluded.

Elsewhere, the Kenya Sugar Board (KSB) has issued a seven-day ultimatum to sugar millers to pay farmers after receiving their sugarcane. 

In a notice on Thursday, August 27, the board warned that millers who fail to meet the deadline will face sanctions, including interest charges on delayed payments.

KSB noted that the standard seven-day payment period will now be backed by clear sanctions contained in contracts between farmers and millers.

"Sugar millers will have 7 days to pay farmers after delivery of sugarcane or face penalties, including interest on delayed payments, as the Government launches a tougher enforcement regime to protect growers from exploitation and put more money into farmers' pockets," read the notice in part.

KSB CEO Jude Chesire also said the board will take action against weighbridge malpractices that have resulted in farmers losing substantial amounts of cane during weighing.

Chesire revealed that KSB will procure mobile weighbridges to verify cane weights and strengthen enforcement independently. 

He also announced that the government has invested in cane-testing units as the industry moves towards a payment system that considers quality and sugar content rather than relying solely on weight.

Further, KSB directed millers to establish clear cane harvesting frameworks by September 10, as the government seeks to streamline harvesting, transportation and delivery of sugar cane. 

"Millers have further been directed to establish clear cane harvesting frameworks by September 10, as the Government seeks to streamline harvesting, transportation and delivery and end delays that leave mature cane deteriorating in farms," the notice added.