We have a growing and active Technology, Media and Telecommunications (TMT) practice and experience in advising clients on legal, regulatory and commercial issues across the digital economy. The firm advises technology start-ups, digital platforms, fintech businesses and ICT service providers on regulatory compliance, data protection and privacy, software licensing, intellectual property and technology-related commercial arrangements.
Our experience includes cross-border SaaS transactions, ICT infrastructure projects, digital lending and online platforms, as well as regulatory engagements with the Communications Authority of Kenya and the Office of the Data Protection Commissioner. The practice combines TMT expertise with our broader corporate, commercial, regulatory and dispute resolution capabilities, enabling us to advise on both established and emerging issues in the digital environment.
Credentials
Advised on a constitutional petition concerning the alleged unregulated online marketing of tobacco and nicotine products through social media platforms and websites. The matter involved complex issues relating to digital content regulation, telecommunications regulation, constitutional rights and the regulatory jurisdiction of public authorities over online platforms and Internet Service Providers.
Advised in constitutional proceedings concerning the alleged hosting and promotion of unlawful online content by a major international social media platform. The matter raised novel issues concerning platform responsibility, data protection, privacy, freedom of expression, online content regulation and the jurisdiction of Kenyan regulatory authorities over international digital platforms.
Represented a digital business in proceedings concerning the alleged restriction of access to its online platform through a major international web browser. The matter involved issues of digital platform access, intermediary conduct, competition, online businesses and telecommunications regulation.
Advised on the setup of a money transfer system from scratch to be utilised by our client in multiple jurisdictions worldwide. We had to ensure that our client’s platform and operations were compliant with the laws of over 48 jurisdictions. This included compliance with varying financial regulations, privacy laws, exchange rate regulations, AML, ATF and KYC requirements and provider requirements for national payment systems.
Retained by a Cyber Security company for the provision of routine legal services. The client is a system developer offering their services to Banks where they develop core banking systems. The client also provides software development services to telecommunications companies.
Advising a company that offers a wide range of financial products and services directed at the education sector, including applying for a Digital Credit Provider license.
Conducted a data protection gap analysis for a State Corporation to ensure compliance with Kenyan Law.
Advised a Rwanda registered charity, with operations in Kenya, on regulation and compliance to the Kenya Data Protection Act. We undertook its registration as a data handler with the Office of Data Protection Commissioner, and trained management staff on matters related to data protection and privacy.
Advised a micro-lender with respect to the development of a suitable data management framework and the preparation of related policies including data protection and privacy policies.
Currently conducting nationwide trainings for a public regulatory institution to raise awareness on the provisions of data protection law among data subjects, data controllers and data processors.
Conducted a comprehensive legal and regulatory compliance audit for a national data protection regulator, covering governance and compliance, contracts, employment and labour law, statutory obligations, risk management and litigation.
Provided an advisory opinion to our client on the nature of an assignment and transfer of a surrendered radio frequency spectrum to a third party, detailing the gaps in legislation and regulation and how best to incorporate international best practice.