Kenya: Office of the Data Protection Commissioner issued alternative dispute resolution framework and guidelines

On 21 January 2023, the Office of the Data Protection Commissioner (ODPC) adopted the "Alternative Dispute Resolution (ADR) Framework and Guidelines." The guidelines aim to provide a structured approach for resolving data protection disputes through conciliation, mediation, and negotiation. The ADR process is voluntary, with disputes being referred to the ODPC at any stage before the issuance of an enforcement notice. The guidelines establish the roles of various stakeholders, including the complainant, respondent, ADR facilitators, and legal advisors, and outline the procedures for initiating, managing, and concluding the ADR process. The process is designed to resolve disputes within 90 days, with provisions for expert evidence, working meetings, and withdrawal from the process.