mmhh, too quiet i think, this 2nd day at school ;-) What happened to the Wakaremas, Nesbitts, Richard Mwangis, Peres Weres, Alex Gs, et al? Its hard to believe they have nothing to say on BPO...or maybe they have outsourced their minds? ;-) Lets share for the benefit of the industry. There are no right or wrong answers to these questions and people should feel free to state their personal opinion without fear or favor. walu. --- On Wed, 6/3/09, Catherine Adeya <elizaslider@yahoo.com> wrote:

From: Catherine Adeya <elizaslider@yahoo.com> Subject: Re: [kictanet] Day 2 of 10:-BPO discussions, Legal and Regulatory Frameworks To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Wednesday, June 3, 2009, 3:50 PM And I will reply to myself and add that is there something in our institutional framework that needs to be addressed or have we got it right? If we have then what are we doing wrong?

Nyaki

From: Catherine Adeya <elizaslider@yahoo.com> To: elizaslider@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wednesday, June 3, 2009 2:39:11 PM Subject: Re: [kictanet] Day 2 of 10:-BPO discussions, Legal and Regulatory Frameworks

Muriuki et. al.,

This is very useful information and kindly share the multi-country study you discuss below; I emphasize the importance of collating these studies with a common goal in mind . One important issue you raise (and this was confirmed by the BPO research team while in the UK) is literally based on 'Field of Dreams'....that is "...if you build it they will come". The confidence that we show in our local BPO sector will boost the confidence of the potential foreign investors. The reasons why some of the key players prefer to operate their own contact sectors vary and some are credible. And this takes me back to the question Walu has raised that with the submarine cables landing soon and given the many developments in the legal/regulatory frameworks; why is Kenya not experiencing the anticipated boom in the BPO sector? Did we miss something along the way especially within our regulatory framework, is it something we can pull back or work on quite quickly as the other potential BPO desitinations like Egypt, Mauritius and SA are not waiting for us to get it right. And then what should we do to get local and foreign investors to show more confidence in the BPO industry?

My sixpence worth!

Nyaki

From: muriuki mureithi <mureithi@summitstrategies.co.ke> To: elizaslider@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Wednesday, June 3, 2009 8:50:25 AM Subject: Re: [kictanet] Day 2 of 10:-BPO discussions, Legal and Regulatory Frameworks

Thanks Walu for the early morning call

Q4 - yes , one of the key markets we are targeting i.e. UK is a party to the European wide data protection arrangement. This arrangement has stringent requirements for cross border data exchange and particularly to members who are not party to that arrangement. Kenyan law on data protection as you rightly state is non-existent.

Certainly the fact the key players in the market prefer to operate their own contact centres apart from the daring example of Telkom Kenya is a damning reminder that we have to do a lot of work to convince ourselves first before we go out and convince others that we can handle their sensitive data. In a multi-country study we did for university of the Maryland; The bpo phenomena in Kenya: Emerging flagship to drive ICT development -A case study in 2007, the legal framework need to address a number of issues notably - data protection, indemnity for operators , bonding framework for staff - the police conduct certification is only good for matatus not high end confidential bpo work , incentive framework eg use of epza , fiscal etc

With the legal loop holes the study found that some Kenya bpo were forced to register an operation in the target market such that, that operation was contractually responsible for the projects being done in Kenya. This immense can be overcome by an improved legal framework.

Now is an opportunity we should not lose to build a supporting legal framework for bpo

Cheers MM

-----Original Message----- From: kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.ke [mailto:kictanet-bounces+mureithi=summitstrategies.co.ke@lists.kictanet.or.k e] On Behalf Of Walubengo J Sent: 03 June 2009 08:05 To: mureithi@summitstrategies.co.ke Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] Day 2 of 10:-BPO discussions,Legal and Regulatory Frameworks

Morning all,

Yesterday was like my 1st day in school - what a rich learning experience! Thanx to Waema, Nyaki, Barrack, Otuoma, and MM whose contributions were quite enlightening. Of the two questions asked, it appears that we need both comprehensive ICT and BPO Policies and Strategies. With regard to National BPO strategies and targets we learnt that there was quite some detail at the Ministry of Planning and the BPO Society which could benefit members if made widely accessible.

Today we move from the Policy to the Legal, Regulatory Frameworks. The Research study found very comprehensive Legal and Regulatory environment in S.Africa, India and Mauritius that supported their BPO industry. Specifically, laws that took care of eTransactions, eCrime, Copyrights and Data Protection were well established. Furthermore their BPO Industries had adopted stringent Quality Assurance Frameworks for BPO and Contact Center Operations.

The Researchers found that the case for Kenya was relatively comparable - with the recently enacted KCA Act (2009) that deals with eCrime & eTransactions leading the way, others like the Copyright Act (2001) as well as the Freedom of Information Bill cuurently at an advanced stage providing an encouraging Legal/Regulatory environment.

Which brings us to the following two questions:

Q3: With submarine cables landing next week and given the above legal/regulatory frameworks, how comes Kenya is NOT experiencing the anticipated boom in the BPO sector? What should we do to get local and foreign investors to show more confidence in the BPO industry?

Q4: Could there be gaps in our Legal, Regulatory and Institutional frameworks that need to be addresssed?

Put in black and white- Why hasn't Safaricom, Orange, Zain and several local Banks who have all opened their own very large Call-Centers NOT shown confidence in the BPO sector by outsourcing their operations to local BPO operators? What of the Government itself? Why cant it outsource non-core functions to the local BPO operators before trying attract foreign investors to do the same?

The floor is open, we have only today to get comments/answers to these issues.

walu.

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