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Privacy Policy

Last Updated: 2026

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1. Introduction

EMA Advocates ("the Firm," "we," "us," or "our") is committed to protecting your privacy and personal data. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website at https://emaadvocates.co.ke (the "Website"), in compliance with the **Data Protection Act, 2019** (Kenya) and its subsidiary regulations, as enforced by the **Office of the Data Protection Commissioner (ODPC)**.

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By using this Website, you consent to the data practices described in this Policy. If you do not agree with this Policy, please do not use the Website.

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2. Data Controller

For purposes of the Data Protection Act, 2019, EMA Advocates is the data controller responsible for your personal data collected through this Website.

  • Data Controller Registration Number (ODPC): [Insert if registered]

  • Contact: [Email Address]

 

3. Personal Data We Collect

We may collect the following categories of personal data:

  • Contact information: name, email address, phone number, physical address

  • Inquiry details: information you submit through contact forms, consultation requests, or email correspondence, including the nature of your legal matter

  • Technical data: IP address, browser type, device information, and pages visited, collected via cookies and similar technologies

  • Employment inquiries: CVs, cover letters, and related information if you apply for a position through the Website

  • Any other information you voluntarily provide when interacting with the Website

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We do not knowingly collect sensitive personal data (such as health information, biometric data, or data on children) through this Website unless you voluntarily provide it in the course of describing a legal matter, in which case it is handled with heightened confidentiality and care.

 

4. How We Collect Data

We collect personal data:

  • Directly from you, when you fill out a contact or inquiry form, subscribe to updates, or email us

  • Automatically, through cookies, analytics tools, and server logs when you browse the Website

  • From third parties, where relevant (e.g., referrals, publicly available sources) in the ordinary course of legal practice

 

5. Purpose and Legal Basis for Processing

We process your personal data for the following purposes, relying on the legal bases indicated:

Purpose | Legal Basis 

  • Responding to inquiries and consultation requests | Consent / Contract 

  • Assessing potential engagements and conflict checks | Legitimate interest 

  • Providing legal services to clients | Contract / Legal obligation 

  • Sending newsletters or updates (where opted in) | Consent 

  • Improving Website functionality and user experience | Legitimate interest 

  • Complying with legal and regulatory obligations (e.g., Advocates Act, anti-money laundering requirements) | Legal obligation 

  • Recruitment purposes | Consent / Contract 

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6. Confidentiality and Attorney-Client Privilege

Information submitted through the Website prior to formal engagement is treated with reasonable confidentiality but does not benefit from attorney-client privilege unless and until a formal engagement has been established. Please refer to our Terms and Conditions regarding the formation of an attorney-client relationship.

 

7. Sharing and Disclosure of Data

We do not sell your personal data. We may share your data with:

  • Service providers: IT hosting providers, email service providers, and analytics providers who process data on our behalf under confidentiality obligations

  • Regulatory or judicial authorities: where required by law, court order, or to comply with obligations under the Advocates Act, the Data Protection Act, or anti-money laundering legislation

  • Professional advisors: co-counsel, correspondent advocates, or experts engaged in connection with your matter, with your knowledge

  • Business transfers: in the event of a merger, acquisition, or restructuring of the Firm

 

Any third-party data processors are required to implement appropriate safeguards consistent with the Data Protection Act, 2019.

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8. International Data Transfers

If your data is transferred outside Kenya (for example, to a cloud hosting provider with servers abroad), we will ensure such transfers comply with Section 48 and 49 of the Data Protection Act, 2019, including verifying that the receiving country has adequate data protection safeguards or that appropriate contractual protections are in place.

 

9. Data Retention

We retain personal data only for as long as necessary to fulfil the purposes outlined in this Policy, including:
- Legal and regulatory retention requirements under the Advocates Act and applicable statutes of limitation
- Ongoing business needs, such as maintaining client records
- Resolving disputes and enforcing agreements

Inquiry data from non-clients is retained only for a reasonable period necessary to respond to the inquiry, unless a longer period is required by law.

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10. Cookies and Tracking Technologies

Our Website may use cookies and similar technologies to:

  • Enable core Website functionality

  • Analyze traffic and usage patterns (e.g., via analytics tools)

  • Improve user experience

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You can control or disable cookies through your browser settings. Disabling cookies may affect certain Website functionality.

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11. Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, loss, misuse, or alteration, consistent with the security obligations under the Data Protection Act, 2019. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.

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12. Your Rights

Under the Data Protection Act, 2019, you have the right to:

  • Be informed of the use to which your personal data is to be put

  • Access your personal data held by us

  • Request correction of inaccurate or outdated personal data

  • Request deletion or restriction of your personal data, subject to legal retention requirements

  • Object to processing of your personal data, including for direct marketing purposes

  • Data portability, where applicable

  • Withdraw consent at any time, where processing is based on consent

  • Lodge a complaint with the Office of the Data Protection Commissioner (ODPC) if you believe your data protection rights have been violated

 

To exercise any of these rights, please contact us using the details in Section 15.

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13. Children's Privacy

This Website is not intended for children under the age of 18. We do not knowingly collect personal data from children without appropriate parental or guardian consent.

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14. Third-Party Links

Our Website may contain links to third-party websites. We are not responsible for the privacy practices or content of such external sites. We encourage you to review their privacy policies independently.

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15. Contact Us / Data Protection Queries

For any questions, concerns, or requests regarding this Privacy Policy or your personal data, please contact:

EMA Advocates
[Physical Address]
[Email Address]
[Phone Number]

You may also lodge a complaint with the Office of the Data Protection Commissioner (ODPC):
Website: www.odpc.go.ke

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16. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. Any changes will be posted on this page with a revised "Last Updated" date. We encourage you to review this Policy periodically.

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