In today's interconnected world, Kenyan businesses rely on global SaaS tools for everything from marketing automation to customer support. Online form builders are no exception; they are essential for capturing leads, registering users, and gathering feedback.

But with the enforcement of Kenya's Data Protection Act (DPA), 2019, a critical question arises: When you use a form builder hosted in Europe, the US, or Asia, is your customers' data being handled in a compliant way? Is it safe?

This guide will walk you through what the DPA says about cross-border data transfer and provide a practical checklist for evaluating whether your overseas service provider is the right partner for your business.

First, What Does the DPA Actually Say About Transferring Data Abroad?

A common misconception is that the DPA completely bans storing data outside of Kenya. This is not true. The law allows for international data transfers, but only under specific conditions designed to ensure the data remains protected.

In simple terms, you must guarantee that your customers' personal data will receive a level of protection equivalent to what is offered within Kenya. You can achieve this primarily through two legal pathways:

1. Proof of Adequate Safeguards: You demonstrate that the country or the service provider you are sending data to has strong data protection laws and practices. This is often done through legal contracts, such as Standard Contractual Clauses (SCCs) or a Data Processing Addendum (DPA) provided by the service.

2. Explicit Consent from the Data Subject: You can transfer data if you have clearly informed your customer about the potential risks of transferring their data abroad and have obtained their explicit, unambiguous consent to do so. This is a higher bar to clear, especially for sensitive personal data.

Your 5-Point Checklist for Evaluating an Overseas Form Builder

Before you commit to a foreign SaaS provider, ask them these five critical questions. Their answers will reveal their commitment to data protection and their suitability as your partner.

1. Where is Our Data Actually Stored? (Data Residency & Latency)

This is the most crucial question. The physical location of the data center matters for two reasons: compliance and speed. A server located closer to Kenya (e.g., in Europe or another African nation) means faster loading times (lower latency) for your forms, leading to a better customer experience. Ask your provider: "Can I choose to have my data stored in a specific region?"

2. What Are Your Legal Safeguards? (Contracts & Certifications)

A serious provider will have legal frameworks in place to protect your data. Ask them: "Do you provide a Data Processing Addendum (DPA) with Standard Contractual Clauses (SCCs) that align with global standards?" Look for third-party security certifications like ISO 27001 or SOC 2, which prove their commitment to security.

3. How Do You Secure Our Data? (Encryption)

Your customers' data must be protected from unauthorized access. Ask about their security fundamentals: "Is data encrypted both in transit (using HTTPS/TLS for all forms) and at rest (in your databases)?" The answer should be a clear "yes."

4. Do You Understand Our Local Market? (Regional Commitment)

Does the provider show a genuine commitment to the African market? While not a direct legal requirement, a provider with a regional presence, local customer support, or data centers in the region is more likely to understand and adapt to local compliance needs like the DPA.

5. What Does Your Privacy Policy Really Say?

Read the fine print. Some services have terms that give them broad rights to use the data collected through their platform. Ensure their privacy policy is transparent and confirms that you remain the sole owner and controller of your customer data.

Conclusion: A Partner, Not Just a Provider

Choosing a form builder is no longer just about features and price. It's a critical decision about security, compliance, and customer trust. While using overseas tools is perfectly possible, it requires due diligence.

At Walla, we built our platform with these global compliance challenges at our core. By offering regional data centers and a privacy-first architecture, we aim to give Kenyan businesses the peace of mind to collect data securely and efficiently, allowing you to build trust with your customers and focus on what matters most.

Further Reading:

• How to Win the War for Talent: Building a Modern Recruiting and Onboarding Process for Kenyan Tech Companies

• Decide with Data, Not Gut Feeling: How to Build a Data-Driven Culture in Your Kenyan Business

• From Agri-tech to Fintech: Data Collection Strategies to Innovate Kenya's Key Industries

• Growth Hacking for Silicon Savannah Startups: Using Forms for MVP Testing and Customer Validation

• Designing a Satisfaction Survey Process to Captivate Kenyan Gen Z

• A Guide to Cross-Border Data Transfer for Kenyan Businesses: Is Your Overseas Form Builder Service DPA-Compliant?

• Your 7-Step Practical Checklist for Full Compliance with Kenya's Data Protection Act (DPA)