How can you avoid being Sued for a Privacy Violation?

A privacy law suit is a case filed by a consumer against a Company/Organization for violation of their right to privacy. An example of a privacy law suit is when a vendor using an e-commerce platform files a case against the e-commerce company for breaching their right to privacy. This can happen if for instance the company shares the vendor information to a marketing company without their consent.

๐—ช๐—ต๐—ฎ๐˜ ๐—ถ๐˜€ ๐˜๐—ต๐—ฒ ๐—ฐ๐—ผ๐˜€๐˜ ๐—ผ๐—ณ ๐—ฎ ๐—ฃ๐—ฟ๐—ถ๐˜ƒ๐—ฎ๐—ฐ๐˜† ๐—Ÿ๐—ฎ๐˜„ ๐˜€๐˜‚๐—ถ๐˜?

#Privacy law suits are expensive and courts generally award huge sums in terms of damages. In 2021, a Luxembourg Court fined Amazon, 746 million euros for unlawful data processing. Where as Kenyan courts have some troubles quantifying damages for privacy cases the average fine for a Kenyan company for a privacy case is between 1-3 million shillings in line with the Data Protection Act.  

๐—›๐—ผ๐˜„ ๐—ป๐—ผ๐˜ ๐˜๐—ผ ๐—ด๐—ฒ๐˜ ๐˜€๐˜‚๐—ฒ๐—ฑ?

1. Have a comprehensive #privacypolicy that details; how your company collects information? How the collected information will be used? How much information will be shared by the website? What are the security measures taken by the website to prevent data breaches?

2. Comply with the Data Protection Law – If you use targeted advertising or handle sensitive information, you should register as a #DataController or #Processor.

3. Conduct #DataProtectionImpactAssessment before any new project – Every single time you are rolling out a new technology you should carry out a Data Protection Impact Assessment which will evaluate the inherent privacy risks that come with the project and how to mitigate them.

Published by masibolaw

I help ambitious entrepreneurs to overcome legal and regulatory obstacles while growing their businesses.

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