Privacy, Data & Cybersecurity

Geert Potjewijd
Axel Arnbak
Arjan Kleinhout
+ 7 other experts

From Silicon Valley's big tech firms

... major digital platforms, leading financial institutions, and other data-heavy industries, through to telecommunications companies – across different sectors: we lead the way in complex privacy and data security work. We have a multidisciplinary approach bringing together experts in privacy, data protection, cybersecurity, competition, consumer, business and human rights, financial regulation, litigation and administrative law: one bespoke integrated teams of experts to match the client's requirements.

Understanding the opportunities and risks associated with the platform economy, we help digital platforms to harness the power of data analytics by navigating the complex legal landscape for privacy and consumer protection. We also enable companies to realise customer-centric innovation and analytics, through cutting-edge advice on the application of pseudonymisation, machine learning and related technologies. Our excellent standing with the relevant regulatory authorities enables us to assist clients with their internal investigations, mass claims and enforcement actions by Data Protection Authorities, the European Commission and the Dutch Consumer and Markets Authority.

We advise on major international cybercrime and cyber security matters, and handle many multi-jurisdictional data breaches and potential post-breach litigation matters. We are involved in most of the major mass claim and privacy related litigation matters in the Netherlands.

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Axel arnbak

Axel Arnbak

Senior Associate

Related expertise

Tech & DigitalLitigation

Recent Matters

29 November 2019

Madison Industries agrees to buy Holmatro

Madison Industries, one of the largest privately held companies in the world, has agreed to buy Netherlands-based provider Holmatro N.V. Madison Industries focuses on companies that are essential to collective health and wellbeing. As a provider of innovative hydraulic equipment for rescue, industrial and special tactics applications worldwide, Holmatro is well aligned with this objective. Read more about this deal here. De Brauw team: Arne Grimme and Heather Giannandrea.
15 December 2016

Reed Business divests Elsevier Weekly and BeleggersBelangen to New Skool Media

De Brauw has assisted Reed Business Information, part of RELX Group, in the sale of magazines Elsevier Weekly and BeleggersBelangen to New Skool Media. Going forward, RELX Group will associate the Elsevier brand name exclusively with its scientific, technical and medical activities. Reed Business Information's strategy is increasingly focused on providing data and information solutions to professionals across various global industries. Consequently, the Dutch activities of the brands involved no longer align with the focus of RELX Group, but are well-suited for publishing company New Skool Media, which deals primarily with the Dutch business-to-business market. De Brauw also advised RELX on the consultation procedures with the Editorial Staff Meeting (Redactievergadering) and Editorial Board (Redactieraad) of Elsevier magazine in accordance with the Editorial Articles of Elsevier magazine. After a lengthy consultation process, the Editorial Staff Meeting approved the transaction. TeamKlaas de Vries (lead partner), Carel van Swaay, Gertjan Harryvan, Ben Wekker, Stefan Sagel, Janneke van der Kroon, Tobias Cohen Jehoram, Selmer Bergsma, Bertrand ter Woort

They shine in litigation related to privacy, data protection and cyber security. The practice has deep understanding of and experience in Dutch litigation combined with excellent knowledge and a track record in data protection & cyber security... The absolute go-to firm in The Netherlands for high-profile data privacy matters.

Legal 500, 2021
Legal 500, 2021

Insights

17 December 2020

EU Parliament approves new collective redress mechanisms for consumers

On 24 November 2020, the European Parliament endorsed a new directive on representative actions for the protection of the collective interests of consumers ("Collective Redress Directive" or "CRD"). The CRD is part of the "New Deal for Consumers", an initiative to strengthen EU consumer law enforcement and to modernise EU consumer protection rules. The CRD introduces new cross-border and domestic redress mechanisms allowing collective actions against traders for violating a broad range of EU laws, such as data protection, travel and tourism, financial services, energy and telecommunications. The CRD will enter into force 20 days after its official publication. Member states will then have two years to implement the directive and a further six months to apply the new provisions. This means that these changes are expected to be in full effect in the EU from mid-2023 onward.
17 December 2020

Digital Services Act and Digital Markets Act: Commission flexes its muscles

Regulators and policy makers have been scrutinising online platforms for years, and as our dependence on digital increases so do the calls for further intervention. Thus, with the introduction of two pieces of game-changing legislation, the European Commission proposes a variety of measures to regulate online platforms, with a view to preventing consumer and competitive harm. The Digital Services Act applies to all platforms, while the Digital Markets Act is aimed at large platforms ("gatekeepers"). Unfair practices might already be caught by various types of legislation, such as abuse of dominance rules, the Platform-to-Business-Regulation, EU consumer law and the General Data Protection Regulation (GDPR). The new legislation would be an addition to this extensive framework, tackling perceived unfair practices aimed at both consumer and business users.
16 November 2020

Fake online reviews – back as area of enforcement by competition authorities

The past year has seen a spike in enforcement activity by consumer regulators across Europe in relation to fake online reviews. Online traders using these reviews are not the only ones caught in the cross-hairs. Enforcement actions may well have collateral victims in the form of e-commerce and social media platforms, which are likely to be the target of requests for information needed to track down fake reviews. What starts out as a consumer protection effort may well turn into an investigation of competition or privacy concerns. Platforms' use of algorithms to display and rank reviews or to select products based on reviews will be of interest to regulators, as will the failure to use such algorithms to detect and prevent fake reviews. The role of data protection will also come into focus as data needed to effectively crack down on the issue consists overwhelmingly of the personal data of influencers and reviewers active on platforms.

Team

Axel arnbak

Axel Arnbak

Senior Associate

Salima Guettache

Senior Associate