52.According to the 6th Respondent, while TFH GmbH had completed registration on 15th September 2022, TFH US submitted a certified income statement for the year ending 31st December 2021, through the system on 7th March 2023. Further, that after back end verification, a Certificate of Registration Serial No. 01945 dated 18th April 2023 was issued to TFH US, valid for 24 months. 53.The 6th Respondent further state that around May 2023, the ODPC, whilst exercising its functions under Section 8(e) of the Act, established that TFH US and TFH GmbH were processing sensitive personal data (iris scans and facial data) from Kenyan residents. The ODPC wrote to Bowmans on 30 th May 2023, reiterating that the legal bases cited (contract performance, legitimate interest, legal obligation and consent) were inadequate under the DPA. 54.Further, that the ODPC directed both entities to immediately cease collection and restrict processing of sensitive personal data and to provide proof of valid, informed and specific consent from data subjects, including a sample processing contract with their agents, within 14 days. 55.It is urged by the 6th respondent that the letter of 30th May 2023 also reserved ODPR’s right to notify data subjects of its directives to the two entities, upon which, TFH US subsequently responded via a letter dated 16 th June 2023, attaching an appendix asserting that facial images collected were not sensitive data, that a lawful basis existed through contractual obligations and compliance Page 21 of 84

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