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Tag Archives: Regulations

You Will Need a License to Sell Stuff on Whatsapp: Thoughts on the Electronic Transactions Regulations 2016 by Communications Authority

19 Tuesday Jan 2016

Posted by Victor Nzomo in CIPIT Insights, E-Commerce and the Law, Information Technology, Intellectual Property, Social Media and the Law

≈ 1 Comment

Tags

2008, 2013, CA, Communications Authority of Kenya, Consumer Protection, Data Protection, Electronic Transactions, intermediary, Kenya Information and Communications Act, Liability, obligations, Regulations, Service Providers

courage_L09

Late last year, the Communications Authority of Kenya (CA) published six Draft Kenya Information and Communications Regulations inviting stakeholders and members of the public to provide comments on these Regulations. One of these Regulations is the Kenya Information and Communications (Electronic Transactions) Regulations 2016 which are a new set of regulations developed following amendments to the Constitution in 2010 and the Kenya Information and Communications Act in 2013.

From the discussion of the draft below, one forms the general view that these proposed Electronic Transactions Regulations ought to be re-drafted as a stand-alone Act of Parliament as opposed to being mere subsidiary legislation. Be it as it may, the draft contains a number of technically impracticable provisions, unclear terms blurring the line between service providers and clients.

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State Surveillance, Mixed Signals and Seven Years in Jail: Thoughts on Cybersecurity Regulations 2016 by Communications Authority

18 Monday Jan 2016

Posted by Victor Nzomo in CIPIT Insights, Information Technology, Intellectual Property, Social Media and the Law

≈ 1 Comment

Tags

2008, 2013, Amendment, CA, Communications Authority of Kenya, Cybersecurity, Kenya Information and Communications Act, KICA, Regulations

cyber cafe business kenya

Late last year, the Communications Authority of Kenya (CA) published six Draft Kenya Information and Communications Regulations inviting stakeholders and members of the public to provide comments on these Regulations. One of these Regulations is the Kenya Information and Communications (Cyber-security) Regulations 2016 which are a new set of regulations developed following amendments to the Constitution in 2010 and the Kenya Information and Communications Act in 2013.

In an earlier blogpost here, CIPIT Director Isaac Rutenberg has already outlined some of the difficulties with a few of the proposed provisions in the draft Regulations that had been reported in the media. From the discussion of the draft below, one forms the general view that the Cybersecurity Regulations contain a number of technically impracticable provisions, unclear terms and contradictory obligations for service providers.

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