Hellen Mukiri-Smith and Ronald Leenes
This paper conducts an analysis of several key provisions of the Kenyan Data Protection Act 2019 (DPA) and the European Union’s General Data Protection Regulation (GDPR) 2018. Analysis is carried out through the lens of ‘the Brussels Effect’ theory developed by Anu Bradford to understand ways in which the GDPR has impacted the development and content of the DPA, and areas where the DPA is different from the GDPR. We argue that while the DPA has been influenced by the Brussels effect, other country specific contextual factors including ‘the Huduma Effect’ have helped to shape the DPA.
Key Words: Data Governance | GDPR | Kenya Data Protection Act | Brussel’s Effect | Huduma Effect and Other Contextual Influences
Mukiri-Smith, H. , & Leenes, R. Beyond the ‘Brussels Effect’? Kenya’s Data Protection Act (DPA) 2019 and the European Union’s General Data Protection Regulation (GDPR) 2018`, European Data Protection Law Review, Jahrgang 7, Ausgabe 4 (2021), pp. 502 – 519, DOI: https://doi.org/10.21552/edpl/2021/4/7