ADVOKS GLOBAL · KENYA
The Data Protection (General) Regulations
17. Mechanisms to comply with opt out requirement
Edition: 2022-12-31 · In force
17. Mechanisms to comply with opt out requirement
(1)In communicating with a data subject on direct marketing, a data controller or data processor shall include a statement which is prominently displayed, or otherwise draws the attention of the data subject to the fact that the data subject may make an opt out request.(2)A data controller or data processor may, in complying with an opt out requirement—(a)clearly indicate, in each direct marketing message, that a data subject may opt out of receiving future messages by replying with a single word instruction in the subject line;(b)ensure that a link is prominently located in the email, which takes a data subject to a subscription control centre;(c)clearly indicate that a data subject may opt out of future direct marketing by replying to a direct marketing text message with a single word instruction;(d)inform the recipient of a direct marketing phone call that they can verbally opt out from any future calls; and(e)include instructions on how to opt out from future direct marketing, in each message.(3)A data controller or a data processor may use an opt out mechanism that provides a data subject with the opportunity to indicate their direct marketing communication preferences, including the extent to which they wish to opt out.(4)Despite subregulation (3), a data controller or data processor shall provide a data subject with an option to opt out of all future direct marketing communications as one of outlined preferences.