40—General principles for transfers of personal data out of the country

40. A data controller or data processor who is a transferring entity shall before transferring personal data out of Kenya ascertain that the transfer is based on—

(a)  appropriate data protection safeguards;

(b)  an adequacy decision made by the Data Commissioner;

(c)  transfer as a necessity; or

(d)  consent of the data subject.

89  PART VII—TRANSFER OF PERSONAL DATA OUTSIDE KENYA