Thank You Liz.

I wish to seek clarifications on the following

1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models?

2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c?

3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors?

4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy?

On Mon, 10 Feb 2020 9:10 AM Liz Orembo via kictanet, <kictanet@lists.kictanet.or.ke> wrote:

Good morning listers,

Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.

Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.

We would like to hear your views on this:
a. Are the regulations necessary?
b. Is NTSA the right/best body to regulate Digital Hailing Transport Services?
c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc
d. Should multinationals be subjected to different licensing requirements?

Here are some resources to guide our discussions.
1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered-to-get-licences-or-get-off-road/
2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-techs-gig-platforms-primer-bold-state-law-that-will-try/

Over to you listers.

--

Best regards.

Liz.

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