The Data Protection (General) Regulations

46. Transfer on basis of consent

Edition: 2022-12-31 · In force

46. Transfer on basis of consent

(1)In accordance with section 25(g) of the Act, in the absence of an adequacy decision, appropriate safeguards or prerequisites for transfer as a necessity, a transfer or a set of transfers of personal data to another country shall take place only on the condition that the data subject—

(a)has explicitly consented to the proposed transfer; and

(b)has been informed of the possible risks of such transfers.

(2)Without limiting the generality of subregulation (1), a data controller or processor must seek consent from a data subject for the transfer of sensitive personal data, in accordance with section 49 of the Act.

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Source: Kenya Law