September 25, 2025 • Ian Makambu

Introduction
The Hospitality industry is among the vital economic sectors being responsible for approximately 9% of Kenya’s Gross Domestic Product (GDP). The Scope of the industry encompasses numerous distinct but often interconnected sectors.
Hotels and Resorts are often the first thought when you think of “hospitality.” However, within the Kenyan Context of the sector, your business may just be included and due for inspection by the ODPC.
Restaurants, Cafes, Bars, Tours and Travel Agencies and Operators, Event and Conference Centers, and even Airbnb’s are all part of the wider hospitality industry.

Hospitality runs on Data
The hospitality industry is inherently data-intensive. This intensity stems from its overreliance on personal data for core operations.
From the initial booking inquiries, through the stay, and even post-stay follow-up communication, hospitality operations depend on personal data such as:

• Guest names and ID details
• Payment information
• Contacts
• Travel preferences, dietary needs, and medical information.
• Security and surveillance records.

This makes data protection compliance not merely a legal formality but a business imperative.
The trust and operational integrity needed to sustain your guest’s trust and confidence begins with your commitment to protecting their data and fostering privacy in your operations.
At the same time, compliance helps you avoid fines and penalties.

What does the Law Say?
The Data Protection Act, regulations and guidelines establish the fundamental principles which Hospitality businesses must observe.
The ODPC mandates all businesses within the hospitality sector to register as data handlers. This is regardless of annual turnover or number of employees.

• Lawful, Fair, and Transparent Processing: Data handling within hospitality operations must adhere to the right to privacy. This necessitates processing data in lawful, fair, and transparent manner.
• Purpose Limitation and Data Minimization: Data Collection should not only be for specific purposes, it should also be minimal and limited to what is necessary.
• Accuracy and Storage Limitation: Businesses are also expected to keep accurate data, avoid storing data for periods longer than necessary, and ensuring safety measures for data protection are implemented.
• Cross-Border Transfer: Lastly, the Act further limits transfer of data outside Kenya without adequate safeguards or consent.

The Tourism Act and its related regulations also require hospitality operators to keep records of personal details for a minimum of five years and to submit occupancy and employment reports.
This is in addition to submitting monthly data reports of bed occupancy and employee statistics for hotels.

How to Balance Quality Service and Privacy
To keep up with the complex regulatory environment. Your business will need comprehensive data protection compliance strategies.
The mandatory registration requirement  for this sector when combined with possible financial penalties for non-compliance underscores the need for immediate action.
The next steps for your business should include

1. Completing mandatory registration with the ODPC.
2. Develop clear policies and data retention schedules
3. Establish incident response plan for breaches.
4. Conduct regular staff training to build a culture of privacy.

The goal is not just compliance with the law, but to build guest trust as a competitive advantage.

Why Partner with South-End Tech Limited?
South-End Tech Ltd offers you an opportunity to deliver exceptional guest experiences while maintaining highest data protection standards.
Our services include

• ODPC registration support,
• Policy Drafting and Implementation,
• Customized Data Protection Training.
• Data Governance Frameworks

Our experts shall ensure that you are inspection-ready, compliant and trusted by your guests.

 

Please do not hesitate to contact us for your Data Protection and Cybersecurity Solutions and Services needs
Reach us on the telephone at +254115867309 +254721864169; +254710674839;
email. dataprotection@southendtech.co.ke or info@southendtech.co.ke

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