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Kenya's data regulator has issued new guidance for organisations that transfer personal data outside the country or receive it from another nation. This applies to businesses operating in Kenya and outlines what they need to consider before sending personal information abroad.

Kenya has been investing in its own data centre infrastructure, currently boasting nearly 20 megawatts of capacity in 2025, with an additional 150 megawatts planned. However, this doesn't mean all data within Kenya remains within the country's borders. Many companies still rely on foreign cloud providers and overseas software platforms to store and process their data.

The new guidance aims to establish clearer rules for data controllers and processors regarding cross-border transfers of personal data. It outlines when such transfers are considered lawful, what safeguards are required, and how organizations can evaluate whether the receiving country or organization ensures adequate data protection.

This matter is of concern because the data being transferred can include sensitive information such as financial details and location data. As Kenya's digital economy continues to grow, these new rules will play a crucial role in protecting the privacy and security of Kenyan citizens' personal information.