Data, Cyber & Privacy

+ 16 other experts

One multidisciplinary team handling high-stakes data matters

From leading digital platforms and major financial institutions to other multinationals in data-heavy industries, our Data, Cyber & Privacy practice assists clients on complex data-related matters. These are often driven by European regulators or result from private enforcement through mass claims and cross-border litigation.

Our team stands out for its excellent reputation and extensive experience in dealing with relevant supervisory authorities and courts across Europe. We play a role in most major data-related litigation matters in the Netherlands, including collective actions, and assist clients in dealing with enforcement actions by data protection authorities, the European Commission, the Dutch Consumer and Markets Authority, and other Dutch and European regulators.

The size and breadth of our team allows us to adopt a multidisciplinary approach, bringing together experts in privacy, data protection, cybersecurity, competition, consumer protection, business and human rights, financial regulation, litigation, and administrative law: one multidisciplinary team of experts handling your high-stakes matters. We don't just stop at the law, we develop a deep understanding of the business needs, technology, as well as the market and societal dynamics underlying our client's legal needs and challenges.

Our approach enables us to understand the opportunities and risks associated with growing enforcement and an expanding platform economy, and to assist our clients in navigating the high risks associated with the complex and rapidly expanding legal landscape in our digital society.

We also act as trusted advisers to clients in major international cybercrime and cybersecurity matters, handling multi-jurisdictional data breaches and potential post-breach litigation.

Track record

  • Representing several international platforms as lead counsel in various collective actions across Europe on alleged infringements of European data protection and consumer protection laws
  • Assisting a Netherlands-headquartered international platform as lead counsel in landmark cases and potential follow-on litigation before regulators and courts across the EU that involve automated decision-making and the right to data portability under the GDPR
  • Acting as lead counsel to several multinationals facing devastating cyberattacks that halted operations across the globe, coordinating incident response and recovery across the spectrum of legal workstreams (for example, notifying regulators and financial markets, coordinating regulatory enforcement and post-breach litigation, and advising on directors liability and customer and vendor management)
  • Advising large Dutch-state enterprises on implementing European cybersecurity rules.

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

Due to the portfolio of clients and the legal (court) cases the team is involved in, it has a very good oversight of what is happening in the privacy field.

Legal 500, 2023

Insights

24 May 2024

De Brauw publishes third edition of "Unlocking the WAMCA"

All the latest developments around the WAMCA in one book, available to anyone who is interested.
5 July 2023

China’s new counter-espionage law and recent enforcement raise data security compliance bar

On 1 July 2023, the newly revised Counter-Espionage Law came into effect in China. The amendments significantly expand the scope of activities that can be considered espionage by adding a catch-all provision, and codify the enforcement powers of relevant authorities. The revised law was first introduced in April 2023 amid a surge in Chinese enforcement activity against US-linked consultancy and due diligence firms, including a raid that was nationally broadcast in China.
11 April 2023

Digital Operational Resilience Act: time to start implementing

The Digital Operational Resilience Act (DORA) – EU legislation in force since 16 January 2023 – sets out requirements for ICT security systems that support the business processes of financial entities. DORA's aim is to centralise legislation related to ICT compliance, but this does not mean it is a mere collection of existing obligations. The requirements laid down in DORA are likely to have a substantial impact on how financial entities arrange the governance of their ICT risks. The industry has been given two years to prepare and implement the necessary changes before DORA starts applying on 17 January 2025. While this may seem far away, significant action is likely to be needed, and financial entities are advised to start preparations as soon as possible.