Data Protection & Privacy
Our Data Protection & Privacy Team provides integrated Benelux and Swiss legal advice on a wide variety of complex privacy and data protection related matters. Our leading team of international specialists advise organizations around the world in all sectors of the market, including the energy, financial institutions, automotive, life sciences and healthcare sector, all through a one-stop shop approach. With our long standing practical expertise, we are able to draw on our experience and hands-on approach allowing us to not only advise our clients on the letter of the law, but by also adding value to their business through providing practical data protection and privacy strategies.
Compliance is key
Personal data has become a new important global currency, with which the processing and transferring of personal data in a secure and lawful manner has become an increasing challenge for businesses globally. Data protection thus continues to be a boardroom topic, not only because of the severe sanctions on non-compliance under the General Data Protection Regulation (GDPR) (up to 20 million euro or 4% of the annual worldwide turnover), but also because of its ever expanding character.
The many challenges include the territorial scope of data protection legislation, which is very broad. In additions to EU-based companies, companies that actively offer goods or services to citizens in the EU, or who monitor the behavior of individuals in the EU, are also caught by the GDPR.
The practical implementation of the various GDPR requirements (such as maintaining an internal record-keeping, drafting privacy policies and data transfer or data processing agreements) often requires business processes as well as company practices to be re-examined and redesigned.
Achieving an acceptable and sustainable level of compliance is however a business opportunity as well, as it will give your business a competitive advantage. Therefore, being able to adequately communicate with the authorities, handle complaints from individuals, and defend your case in the context of an investigation, should be an indispensable part of your business strategy.
What can we offer you
The Loyens & Loeff Data Protection & Privacy team combines the expertise of various practice groups which are spread over our four home markets (the Netherlands, Belgium, Luxembourg and Switzerland). Our team therefore combines the regulatory data protection expertise of various jurisdiction with a tax, IT, corporate, competition, finance and employment law perspective. This cross-border and multidisciplinary approach means that our team can help you deliver global strategies from a compliance angle, as well as within the litigation context, while steering you through the numerous national derogations, which continue to complicate the data protection scene worldwide. Our services are thus all encompassing, pragmatic, first-rate and tailor-made.
We provide a full range of relevant legal and compliance services which include, but are not limited to:
Setting up compliance frameworks
- GDPR compliance projects
- Data protection and due diligence audits
- In-house trainings and workshops (sector and business orientated)
Tailored advice on a wide range of data protection topics
- Privacy policies, disclaimers, clauses
- ‘Big data’ and profiling
- Data processing agreements
- International data transfers / flows of personal data
- Employee privacy and monitoring
- Camera surveillance (CCTV)
- Data security
- Direct marketing strategies
- Cookies and e-commerce compliance
Assistance with specific GDPR obligations
- “GDPR Toolkit” (a package to get you on the road to GDPR compliance)
- Appointment of a Data Protection Officer
- Data Protection Impact Assessments
- Internal record keeping obligation
- Privacy by design / by default
- Data breach requirements
Litigation and dispute resolutions
- Data breach response services
- Assistance during investigations by data protection authorities
- Representation before courts and tribunals
Staying up to date
Given the cutting edge nature of data protection & privacy related matters, we find it not only essential but also exciting to keep our clients and relations fully up to date within this fast paced world. We therefore invite you to read our brochures, newsletters, newsflashes as well as other publications. You can also follow us on LinkedIn and keep an eye out for our future events!
- Kim Lucassen (the Netherlands)
- Stéphanie De Smedt (Belgium)
- Véronique Hoffeld (Luxembourg)
- Aurélien Pasquier (Switzerland)