ADVOKS GLOBAL · KENYA
The Data Protection (Complaints Handling Procedure and Enforcement) Regulations
15. Negotiation, mediation or conciliation
Edition: 2022-12-31 · In force
15. Negotiation, mediation or conciliation
(1)Where the complaint is to be determined through negotiations, mediation or conciliation, the provisions of these Regulations shall apply.(2)Where parties to a complaint agree to negotiation, mediation or conciliation, the Data Commissioner may in consultation with the parties facilitate the process.(3)During the negotiations, mediation or conciliation, the Data Commissioner may apply such procedures as may, in the interest of the parties, deem appropriate in the circumstances.(4)At the conclusion of the negotiations, mediation or conciliation process, the parties shall sign a negotiation, mediation or conciliation agreement in the manner specified in Form DPC 5 set out in the Schedule.(5)A negotiation, mediation or conciliation agreement entered into under this regulation shall be deemed to be a determination of the Data Commissioner, and shall be enforceable as such.(6)Despite this regulation, a party to dispute who is subject to a negotiation, mediation or conciliation may withdraw from the proceedings at any stage and shall notify the Data Commissioner and other parties of such withdrawal within seven days from the date of making such a decision.(7)Parties to a dispute shall take all reasonable measures to amicably determine a dispute and act in good faith.(8)Where the complaint is not determined through negotiation, mediation or conciliation, the Data Commissioner shall proceed to determine the complaint as provided for in the Act and these Regulations.