Data protection law
Data protection law is essential at a time when personal data is collected and shared on a massive scale. Whether you are a media company processing personal data or an individual whose privacy is being infringed, our data protection lawyers can advise you. Think of GDPR compliance, data breaches, a privacy impact assessment, or the right to a private life and social media.
A question about the GDPR, a data breach or a privacy infringement? Call +31 20 675 88 21 or get in touch. You will have a response within one working day.
What can a data protection lawyer at Liaise help you with?
- A GDPR compliance check for media companies and creative businesses
- Drafting and reviewing data processing agreements
- Advice and support in the event of a data breach, including the report to the Dutch Data Protection Authority
- Carrying out or reviewing a privacy impact assessment (DPIA)
- Advice on privacy in social media, image rights and AI
- Acting on a privacy infringement, from letter of claim to summary proceedings
What sets us apart from most privacy firms is the angle we come from. We work daily for producers, publishers, artists and broadcasters. In that world a privacy question rarely stands on its own; it runs through image rights, copyright and the question of what you may and may not publish.
Social media and privacy
Social media are indispensable for makers, artists and companies. But using them brings privacy questions with it. Think of sharing photos, videos and personal data of third parties. This could lead to infringements of image rights or of your privacy rights. We advise on limiting these risks and help with using social media lawfully and safely. See also unlawful publication on this.
GDPR compliance
The GDPR sets requirements for how you collect personal data and what you do with it afterwards. Every processing operation needs a valid legal basis. You document retention periods and you secure what you store. If you don’t follow the rules, the Dutch Data Protection Authority can impose a fine. That applies to large companies, and just as much to the freelancer keeping a client list. We check whether your organisation is GDPR-proof and where the risks sit.
The GDPR has six basic principles:
- Lawfulness, fairness and transparency
- Purpose limitation
- Data minimisation
- Accuracy
- Storage limitation
- Integrity and confidentiality
What each principle means for you in practice is set out in the six GDPR principles explained.
Having others process data for you
As soon as an external party processes personal data on your instructions, a hosting provider, a mailing tool or a cloud service for instance, the GDPR requires a written agreement between you and that party. Read more about the data processing agreement and what it has to contain.
Data breach
In a data breach, people gain access to personal data without this being permitted or intended. Sometimes through a hack, far more often through an email to the wrong recipient or a laptop left on a train. If the breach is likely to result in a risk to the data subjects, you have to report it to the Dutch Data Protection Authority within 72 hours.
We make the risk assessment, handle the report and advise on whether those affected should be informed personally. Which factors weigh in that assessment, and how to keep the mandatory breach register, is set out in what to do in the event of a data breach.
DPIA
If you process data that is likely to result in a high risk to the data subjects, a Data Protection Impact Assessment is mandatory. Think of large-scale processing of health data, systematic camera surveillance in public areas, or profiling on which decisions with legal consequences are based. We assess whether you need one and can carry it out for you. When exactly a DPIA is required and what it must contain is set out in when is a DPIA required.
Your privacy infringed
The Dutch Constitution and Article 8 ECHR protect your private life. That right is not absolute, as it is weighed against interests such as security, criminal investigation and press freedom. If someone does infringe it, through a publication, a hidden camera or a leaked file, you can hold the party responsible liable and in some cases claim damages. You can read more on our page for a privacy infringement lawyer and on unlawful publication.
Want to know where you stand? Get in touch or call +31 20 675 88 21.
All practice areas