I & M Bank House 3rd Floor, 2nd Ngong Avenue
0110-835-834
info@bellmacconsulting.com

Data Protection, Telecommunication, Ecommerce & Online Market Place, and Intellectual Property

Data Protection

Bellmac Data Privacy Services is a trusted, data protection service provider that allows you to outsource a range of much needed data protection and related services to ensure that your organization complies with the Data Protection Laws and Regulations from across the globe.

Our mission is to help your organization keep up with global best practice in data protection and cyber security by offering a range of data protection and cyber security services.

Our practice combines experts from the ICT, Legal and Cyber Security practice areas to offer you a quality, comprehensive solution to all your Data Privacy, Cyber Security and Compliance needs.

Full-time DPO

Our outsourced DPO offers an effective solution for organizations that may require a DPO but do not wish to hire a full-time in-house DPO.
Our goal is to provide you with a cost-effective solution with the benefit of our years of experience, without having to worry about HR requirements.
This includes providing you with a named Data Protection Officer (DPO), supported by our wider team of specialists, to assist your organization in:

  • Advisory: Advising the data controller or data processor and their employees on data processing requirements provided under the Data Protection Act 2019 (DPA) or any other laws/regulations
  • Compliance: Ensuring compliance with the Data Protection Laws and regulations;
  • Capacity Building: Facilitating capacity building of staff involved in data processing operations;
  • DPIA: Providing advice on data protection impact assessments;
  • Co-operation: Co-operating with the DPC and any other authority on matters relating to data protection.

Interim DPO

For organizations that may already have a full-time DPO but require additional resources or on a need basis, we provide you with an interim DPO who will serve as your independent data protection officer for the required period. Our Interim DPO offers you all the services required by the Data Protection Act within the period you require.

Data Protection Advisory

At Bellmac Data Privacy Service, we do not just answer your concerns and questions we provide practical solutions tailored to the needs of your organization.

Bellmac Data Privacy Service helps your organization to develop a bespoke solution, tailor-made for your organization to help you maintain ongoing compliance with data privacy laws.

We recognize that special data compliance requirements vary from industry to industry and we provide you with consultancy service by our most experienced experts depending on the industry and organizational needs. This includes Consultancy on:

  • Data Protection Impact Assessment

    A Data Protection Impact Assessment (DPIA) describes a process designed to identify risks arising out of the processing of personal data and to minimize these risks as far and as early as possible. DPIAs are important tools for negating risk, and demonstrating compliance with Data Protection Laws and global compliance standards.
    Section 31 of the DPA mandates that a DPIA shall be carried out where the processing of data shall result in a high risk to the rights and freedoms of a data subject, by virtue of its nature, scope, context, and purposes.
    At Bellmac Data Privacy Services, we conduct project-based Data Protection Impact Assessments to enable you to identify and mitigate against any data protection-related risks arising from a new project, which may affect your organization or the individuals you engage with.

  • Data Subject Management

    Data subjects are the individuals, whose personal data is processed by an organization. The DPA and the General Data Protection Regulation (GDPR) afford data subjects the right to access personal data and supplementary information, the right to have inaccurate personal data rectified, or completed if it is incomplete, and the right to erasure in certain circumstances.
    Data subjects may wish to enforce their rights to access, correct, or erase data held by the Organizations that hold personal data of consumers. With this in mind, organizations need to be prepared for the management of these requests.
    At Bellmac Data Privacy Services we help you to manage and respond to data subject access requests through our Data Subject Access Requests (SAR) and Data Subject Access Requests (SAR) quality assurance services.
    We review any redaction work, provide an assessment of your organization’s completed documentation and ensure compliance with relevant data protection laws. We provide you with an evaluation of the documents and provide expert advice on any amendments or deletions if necessary.

  • Regulatory Representation

    Bellmac Data Privacy Services provides representation to our clients who have been the subject of regulatory subpoenas, inquiries and actions initiated by the Data Commissioner.
    We act on your behalf to respond to inquiries and submit evidence or relevant documents subject to request from the Data Commissioner and general correspondence with the office of the Data Commissioner.

  • Data Protection Health Checks

    For organizations that are unsure as to whether they are compliant with the relevant Data Protection Laws generally, Bellmac Data Privacy Service offers routine Data Protection Audits.
    Work with our experts to thoroughly examine your data processing and storage systems and identify loopholes in your organization’s data processing process and possible areas of exposure to liability.

  • Data Registration Services

    Bellmac advises you on the registration requirements to help you determine whether you meet the threshold for mandatory registration as a Data Controller or Data Processor under the existing data protection laws and regulations.
    We then guide you and undertake the registration process on your behalf including:

    • Describing personal data
    • Describing the purpose for which personal data is to be processed.
    • Categorization of Data Subjects
    • Advising, recommending and reporting on the description of the risk, safeguards, and security measures that will ensure the protection of personal data
    • Advising and describing measures to indemnify the data subject from unlawful use of data by the data processor or data controller
  • International Data Transfer Compliance

    The DPA requires certain strict compliance requirements for Data Controllers and Data Processors before they are allowed to transfer and process data outside the country.
    We help you comply with this requirement by offering you the following services:

    • Liaison with the Office of the Data Commissioner
      We correspond with the office of the Data commissioner on your behalf to:

      • Provide evidence of appropriate safeguards concerning the security and protection of personal data and the appropriate safeguards including jurisdictions with commensurate data protection laws;
      • Demonstrate the effectiveness of the security safeguards or the existence of compelling legitimate interests upon the request of the Data Commissioner.
    • Obtaining consent from the Data Subjects
      We assist you in obtaining consent of a data subject and in obtaining confirmation of appropriate safeguards.
    • Kenyan Data Center Representative
      For certain natures of the processing that can only be effected through a server or a data centre located in Kenya, we offer our offices as data centres and provide you with the necessary establishment details such as an email address, local telephone number answered in the local language, physical address, and a translation service that enables us to correspond in any major language.
      Our representation service also includes access to our advice line service and regular information and advice on data protection issues that may impact your operations.
  • Training

    Learn about key Data Protection theme areas by scheduling our training classes. Our legal-focused bespoke trainings include data protection workshops, webinars, podcasts and roundtables.

Ecomercer and Online Market Place

E-commerce (electronic commerce) is the reference given to all actions that involve the buying and selling of goods or services on the World Wide Web (Internet) including the use of online mediums involving electronic systems and portals to facilitate the sale of goods and services between buyers and sellers, which include mobile phone transactions as well as the use of computer, tablets and other electronic devices connected to the Internet to conclude such transactions.

Bellmac provides individuals intending to use the Internet to conduct online transactions with different legal advisory services depending on whether they are buyers or sellers.

For sellers, Bellmac:

  • Drafts appropriate e-commerce sales terms of use and conditions that ensure that sellers are protected during the conduct of online transactions on the client’s marketplace including provisions for recovering any outstanding payments from buyers;
  • Advises them on their obligations to maintain the privacy of buyers’ information that is provided on the online portals;
  • Advises them on ensuring compliance with the Consumer Protection Act (including consumer guarantees) for online transactions;
  • Draft the relevant contracts to allow the sellers to engage third parties (e.g. developers, distributors and service providers) in setting up fool-proof online portals for the conduct of the online transactions;
  • Ensures that their domain name and trademarks for the online transactions are registered.

For buyers, Bellmac:

  • Provides them with the necessary support in reviewing the purchase terms and conditions for online sales and transactions to ensure that their interests are protected.
  • Ensure the confidentiality and privacy of their data is adequately protected in a seller’s e-commerce terms and conditions.
  • Assists in providing dispute resolution services for aggrieved customers purchasing items through online transactions.

Telecommunications, Media and Technology

We advise various players in telecommunications, technology, media and entertainment sectors on all aspects of legal and regulatory matters related to these respective industries. Our portfolio of services includes:

  • Reviewing, drafting and negotiating on ICT-based agreements related, inter alia, to procurement, escrow arrangements, outsourcing, manufacturing, media, web, software, franchise, publishing, distribution, licensing, hosting, co-location, data and content management and service level agreements.
  • Providing advisory services on internet use including advertisement, e-commerce, and sector-specific legislation in banking, insurance medical care and other sectors.
  • We also offer legal advisory services on software development, software or platform licensing, and IT services (in all forms including outsourcing) to provide comprehensive advice on data protection, compliance and data breach and incidence reporting.

Telecommunications

We have a clear understanding of the framework for the regulation of the telecommunication sector and of the commercial and technological aspects of the telecommunications industry. We offer a full spectrum of legal advise on:

  • Licensing and Regulation;
  • Transactional advice of telecommunication operators;
  • Competition (anti-trust) law matters;
  • Gaming laws;
  • Project financing; and
  • Infrastructure sharing.

We have a wide experience in drafting and reviewing contracts essential to the ordinary course of the telecommunication business including agreements such as:

  • System and Supply contracts;
  • Interconnection Agreements;
  • Agreements for the sale;
  • Leasing and Sharing of switches and other equipment;
  • Distribution Agreements;
  • Branded reseller/mobile virtual network operator (MVNO) agreements;
  • Co-location and infrastructure sharing Agreements;
  • Dealership Agreements;
  • Franchising Agreements;
  • Telephony Service Agreements;
  • Aggregator Agreements;
  • Sponsorship Agreements;
  • Cross-border mobile commerce agreements; and
  • Teaming Agreements

Information Technology

Advising clients on cutting-edge legal issues relating to information technology, financial technology, gaming and betting, internet and electronic commerce, life science and biomed (healthcare, medical and pharmaceutical inventions), and other technology-intensive services.

Advising clients on a full spectrum of regulatory, transactional, compliance, legislative, taxation, and corporate, financial transactions enforcement and litigation issues treating to information technology.

Media and Entertainment

Drafting and reviewing various entertainment and media agreements, including production and recording agreements, recording agreements, talent/side artists agreements, music publishing/co-publishing/administration agreements, production agreements, management agreements, distribution agreements, licensing agreements, endorsement/ branding agreements, advertising agreements, talent option agreements, tour agreements, performance agreements, consulting agreements, arts and music rights recording agreements, royalty agreements and agency agreements.

  • Assisting content creators with distribution, defamation claims and intellectual property protection (including licensing, commercialization and enforcement);
  • Providing individuals and businesses with contract reviews, drafting and negotiation;
  • Assisting producers with film and media financing, production and commercialization of content;
  • Assisting advertising and marketing agencies with advertising compliance; and
  • Assisting publishing companies with strategic commercial legal advice on rights and distribution.

Intellectual Property Protection

Intellectual property (IP) refers to property that emanates from the mind, often in an intangible form, that may then be converted into a tangible asset depending on the form it may be required to take. Such creative innovations include inventions, literary and artistic works, designs, symbols, names and images.

Intellectual property protection has the notion of exclusivity with regard to intellectual property and seeks to confer IP owners with the rights over any given inventions and creative works to do as they please to the exclusion of the general public. Such exclusion allows an IP owner, and by extension any business entity that is set up to facilitate the growth of such inventions, to reap the benefits from their inventions and creative works. By association, that stamp of approval breeds a culture of trust between a business and its consumers as the end user is assured of experiencing authentic and high-quality services that a consumer will learn to recognize and expect.

Our Services Include:

Registration of Trademarks

A trademark refers to a sign, symbol, phrase or word that denotes a specific kind of product which serves to differentiate it from all other products of its kind. This would also include company logos, slogans, brands or even brand names of specific types of products. The essence of registering a trademark is to act as proof of exclusive ownership over a mark which helps keep off potential infringers that might be tempted to ride on the goodwill of your mark.

Similarly, customers will be able to immediately identify a company’s trademark and be able to distinguish the company’s product from those of other business entities that might be similar or identical. Such distinguishing factors play a pivotal role that is marketing and advertising which ultimately contribute to the image and good reputation of a company’s products.

Registration of Copyrights

Copyright refers to the legal right that is conferred to owners of original works of creative expression including books, motion pictures, digital art and musical compositions. The essence of copyright serves the need to curb the use and reuse of creative work by third parties to the detriment of its original authors. Through this right, the original creator of any product and any person that they may choose to give authorization to will be the only ones with the exclusive right to reproduce the work.

Registration of Industrial Designs

An industrial design (referred to as a design patent in the United States) is a form of intellectual property that protects visual features such as shape, configuration, pattern ornament, or any combination of these features, applied to a finished article. It may consist of two-dimensional features, such as a distinct colouring or pattern, or three-dimensional features. Unlike a patent, an industrial design does not create an entirely novel good or process or a novel improvement on an existing good or process but focuses on presenting a unique aesthetic change or design on an existing good or product, focusing on improving its aesthetic appeal to consumers.

Registration of Patents

A patent refers to the exclusive right that is conferred to an invention that seeks to revolutionize the manner in which certain processes take place. Such inventions would include new and useful art, machines and composition of matter that are novel ideas, such as the telephone, computers and light bulbs, that are not in existence in any other form. Our team will provide the requisite guidance on what would qualify to be registered as a patent and the registration requirements across various jurisdictions.

Protection of Trade Secrets

A trade secret refers to any business information that derives its value from its secrecy. A trade secret as intellectual property confers rights on confidential information which may be sold or licensed. In general, any confidential business information which provides an enterprise a competitive edge and is unknown to others may be protected as a trade secret. It encompasses technical information such as manufacturing processes, pharmaceutical test data, designs and drawings of computer programs, commercial information such as distribution methods, list of suppliers and clients and advertising strategies, financial information, formulas and recipes and source codes.

Conduct of training and Legal advisory

We provide webinars, seminars and training courses on intellectual property matters that seek to provide clients with essential information and in-depth analysis as to what constitutes intellectual property and the safeguards that come with it as well as briefs on current trends and industry developments. In the training, businesses will be able to receive legal advice on a variety of topics touching on intellectual protection matters that seek to address their specific needs.

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