Ask a lawyer:
Can you be sued for scraping another website in Kenya?

mwakili.com

Introduction

In Kenya, the legality of web scraping is a complex issue that intersects various areas of law, including intellectual property law, data protection law, and contract law. This answer will explore the potential legal ramifications of web scraping in Kenya, citing relevant statutes and legal principles.

Intellectual Property Law
- 1.1 Copyright Act, 2001
- 1.2 Industrial Property Act, 2001
Data Protection Law
- 2.1 Data Protection Act, 2019
Contract Law
- 3.1 Law of Contract Act, Cap 23
Computer Misuse and Cybercrimes
- 4.1 Computer Misuse and Cybercrimes Act, 2018
Conclusion

1. Intellectual Property Law

1.1 Copyright Act, 2001

Section 22: This section provides protection for literary, musical, and artistic works, among others. If the content being scraped is copyrighted, the act of scraping could be considered an infringement of copyright.
Section 35: This section outlines the rights of the copyright owner, including the right to reproduce the work. Unauthorized reproduction through scraping could lead to legal action.

1.2 Industrial Property Act, 2001

Section 58: This section deals with the protection of industrial designs. If the website's design is registered as an industrial design, scraping it could be considered an infringement.
Section 92: This section provides for the protection of trade secrets. If the data being scraped is considered a trade secret, the act could be deemed illegal.

2. Data Protection Law

2.1 Data Protection Act, 2019

Section 25: This section outlines the principles of data protection, including the requirement for data to be processed lawfully, fairly, and in a transparent manner.
Section 30: This section provides for the rights of data subjects, including the right to be informed about the collection and use of their data.
Section 31: This section outlines the conditions under which personal data can be processed. Unauthorized scraping of personal data could be a violation of this section.

3. Contract Law

3.1 Law of Contract Act, Cap 23

Section 2: This section defines a contract as an agreement enforceable by law. Many websites have terms of service that users agree to by accessing the site. Scraping in violation of these terms could be considered a breach of contract.
Section 10: This section outlines the requirements for a valid contract, including mutual consent. If scraping is done without the website owner's consent, it could be a breach of contract.

4. Computer Misuse and Cybercrimes

4.1 Computer Misuse and Cybercrimes Act, 2018

Section 14: This section criminalizes unauthorized access to computer systems. Scraping a website without permission could be considered unauthorized access.
Section 17: This section deals with the unauthorized interception of data. Scraping could be seen as intercepting data without authorization.
Section 19: This section outlines offenses related to the misuse of devices. Using automated tools to scrape data could fall under this section.

Conclusion

In Kenya, web scraping can potentially lead to legal action under various laws, including the Copyright Act, the Data Protection Act, the Law of Contract Act, and the Computer Misuse and Cybercrimes Act. The specific legal consequences would depend on the nature of the data being scraped, the terms of service of the website, and whether the scraping was authorized. Therefore, it is advisable to seek legal counsel before engaging in web scraping activities to ensure compliance with Kenyan law.