“WPP breached law in Kenya over personal data of former CEO Scangroup”, Wednesday 30 October 2024

Advertising giant WPP has been found liable for breaching Kenya’s data protection law when handling the personal data of the former CEO of its subsidiary and suing it for over $30m (£23m). Earlier this year, the former CEO of Scangroup Bharat Thakrar launched legal action in Kenya against the board of WPP. Senior leadership at advertising giant were accused of ousting Thakrar, by being motivated by “racial bias and neo-colonialist practices”. He launched a lawsuit in Kenya against the board of the British company, claiming for unlawful interference, breaches of fiduciary duties and conspiracy to injure status and reputation.

Thakrar founded Scangroup, one of Africa’s largest marketing agencies, and in 2013, it became a subsidiary of WPP. Speaking back in March, a spokesperson for WPP said “Bharat resigned from WPP-Scangroup in 2021, following allegations of impropriety between 2014 and 2018.” However, in his claim, Thakrar claims the advertising giant “manipulated itself into a position to control the board of Scangroup” before making allegations against him. He also alleged that during the investigation into the allegations, it was supposed to be kept confidential, however, details were published in the media with the “express objective of defaming” him. WPP is reported to have denied the allegations. It was revealed on Tuesday that WPP was found liable by the Kenyan Office of the Data Protection Commissioner (ODPC) for breaching the Kenya Data Protection Act, when they processed personal data of Thakrar.

The Kenyan regulator has ordered the group to pay compensation for failing to comply with the legislation. The ODPC noted that during its investigation, WPP refused to provide it with copies of the report that had been shared with the Kenyan Capital Markets Authority. A spokesperson for WPP said it disagreed with the determination by the ODPC, and are considering an appeal.