Options for the Review of Commercial Use of Personal Data (Direct Marketing) Laws in Kenya

Summary

The increased use of digital platforms in Kenya has changed the manner in which marketing is conducted. Many companies and individuals have embraced direct marketing because it is affordable, enables one to attract new customers fast and one can reach target customers efficiently. The importance of direct marketing to a marketer is that it allows him to promote the product or service directly to his target audience. The availability of various marketing tools and the benefits that accrue with direct marketing has attracted many businesses thus causing many to incorporate the practice in their daily activities.

The purpose of this policy brief was to identify existing Kenyan laws that are applicable to the practice of direct marketing, identify any gaps in these legislations and come up with policy recommendations based on comparison with other jurisdictions. The approach used involved doctrinal research which was useful in analysing existing Kenyan laws to identify direct marketing provisions. A comparative analysis approach was also employed and it was useful in coming up with appropriate policy recommendations based on the gaps identified.

The findings from the policy brief indicate that:

• Kenya already has four laws that are applicable to the practice of direct marketing.
• Key definitions which are fundamental ingredients of direct marketing are not included in the legislations analysed.
• The existence of big data has transformed how marketing is conducted.
• External jurisdictions have made an effort to protect data subjects in the commercial use of personal data.
• Numerous jurisdictions have updated their privacy laws and subsequently included direct marketing provisions so as to protect consumer data and measure up with global marketing privacy standards.

The full policy brief contains the detailed analysis of the findings that were obtained and the policy recommendations that were made.