ProductsData PrivacyVendor / Processor Register
Kenya DPA 2019 - s.42 - Data Processor Obligations

s.42 compliance for every data processor in your supply chain

A structured register of every data processor and sub-processor, with s.42 clause checklists, third-party risk scoring, contract review cycles, and cross-border transfer documentation.

Why this matters

Built for your compliance outcomes

s.42 clause checklist

Know every contract is compliant

  • Pre-built s.42 clause checklist
  • Contract status per vendor
  • Missing clause alerts
  • Amendment workflow for gaps

Third-party risk scoring

Know your highest-risk processors

  • Risk score per vendor
  • Data sensitivity weighting
  • Subprocessor chain visibility
  • Risk-ranked vendor dashboard

Review cycle management

Scheduled reviews with reminders

  • Annual review reminders
  • Contract renewal alerts
  • DPA update reviews triggered
  • Review history logged

Transfer documentation

Cross-border transfers covered

  • Transfer country and mechanism recorded
  • s.48 safeguards documented
  • ODPC adequacy decisions tracked
  • Transfer impact assessment

Features

Everything you need, nothing you don't

Processor Register

Structured register of all data processors and sub-processors with status, contract details, and risk score.

s.42 Clause Checklist

Pre-built checklist of all required contractual clauses under s.42. Traffic-light status per vendor contract.

Risk Scoring

Automated third-party risk score based on data sensitivity, volume, sub-processor chain depth, and security posture.

Review Cycles

Scheduled review reminders for annual assessments, contract renewals, and DPA-update-triggered reviews.

Transfer Tracker

Documents cross-border transfers per vendor including destination country, legal mechanism, and safeguards under s.48.

ROPA Integration

Vendors linked directly to ROPA processing activities. See which activities each processor is involved in at a glance.

DPA alignment

Every feature maps to a DPA section

Dira is built from the Act, not retrofitted to it. Here's exactly how each capability addresses your Kenya DPA 2019 obligations.

Product FeatureDPA 2019 SectionWhat it fulfils
Written processor agreements.42(1)Documents existence and status of required written contract with each data processor
Contractual clause checklists.42(2)Verifies all mandatory clauses are present: processing scope, duration, nature, controller instructions, confidentiality, security
Sub-processor controlss.42Tracks sub-processors and verifies they are subject to the same obligations as the primary processor
Transfer documentations.48Records all cross-border transfers and applicable legal mechanisms or safeguards
Security requirementss.42(2)(b)Documents appropriate technical and organisational measures required from each processor
Review cycles.25Demonstrates ongoing accountability through regular processor relationship reviews

How it works

Step-by-step workflow

01

Add your vendors

Enter each data processor and sub-processor. Import from CSV or add individually. Dira assigns a risk score automatically.

02

Check s.42 clauses

Run the s.42 clause checklist per vendor. Dira highlights missing clauses and provides a template amendment for gaps.

03

Document transfers

For vendors in other countries, record the transfer mechanism, destination jurisdiction, and applicable safeguards under s.48.

04

Set review cycles

Configure annual review reminders and contract renewal alerts. Dira notifies you before reviews fall due and logs completion.

FAQ

Common questions

What must a data processing agreement include under s.42?
Section 42(2) requires the processor to: process data only on controller instructions, ensure confidentiality, implement appropriate security measures, assist with data subject rights, delete or return data at end of service, and provide audit rights to the controller.
Can I use sub-processors?
Yes, but under s.42 you must ensure sub-processors are subject to the same obligations as your primary processor. Dira tracks your full sub-processor chain and flags where sub-processor agreements may be missing or inadequate.
What are the rules for cross-border data transfers?
Section 48 restricts transfers of personal data outside Kenya unless: the recipient country has adequate protection, the data subject has consented, the transfer is necessary for contractual performance, or other specific conditions are met. Dira documents the legal basis for each cross-border transfer in your vendor register.
What happens if I don't have a DPA with a processor?
Processing personal data without a written data processing agreement with your processor is a breach of s.42 and exposes you to ODPC enforcement action. Dira's s.42 checklist identifies vendors without compliant agreements, and the platform includes a template DPA clause library.

Start using Vendor / Processor Register today

30-day free trial. No credit card required. Full access to all Data Privacy products from day one.

30-day free trial No credit card Cancel anytime