The added value of a privacy lawyer
Alawyer specialized in privacyand theprivacy lawcan no longer be ignored in the fast internet era in which we find ourselves. For example, more and more importance is being attached to the protection of our privacy, citizens are becoming more alert and there are therefore more and more regulations that companies have to take into account. Just think of the EuropeanGDPRregulation that you have undoubtedly heard of, or theprivacy policy and cookie policy.
​
Because it is sometimes difficult to see the wood for the trees, aspecialized lawyerprovide great added value for your company. Calling in an expert not only saves you a lot of time in sorting out the existing legal obligations, but also relieves you of the enormous administrative burden associated with these reliefs. Moreover, you can sleep soundly, knowing that everything is perfectly fine.
Processing of personal data
One of the cornerstones of privacy law is theGDPR(General Data Protection Regulation), also known as the AVG (General Data Protection Regulation). This is a European regulation that has been applicable since 25 May 2018 and relates to theprocessing of personal data by companies and governments.
​
Compliancewith the GDPR means, among other things, that some companies have aDPO or Data Protection Officershould appoint, for example when data is processed on a large scale. As a company, you must also ensure that the personal data that is processed is processed correctlykept and secured, erprior consentis obtained from the person concerned and onelegal basisis for the processing of personal data. After all, a company cannot just randomly collect and store data. Incidents, such as a data leak or hacking, must be reported to the supervisory authority (DPA) in a timely manner, and in some cases to the person involved himself.
​
The GDPR not only imposes obligations on companies, but also givesspecific rightsto the persons whose data is processed. For example, there is a right to be forgotten, which means that all personal data must be erased if requested, and a right to data portability, which allows a person to have all concerned data transferred from one processor to another. Companies must ensure that they can meet all these rights.
​
Alawyer specialized in privacy lawcan ensure that your company's company policy is in accordance with the new privacy legislation. For example, an expert can help with aprivacy auditof your company, drawing up mandatory documents, vetting your website & training your staff, so that they are also aware of the legal obligations. A lawyer is also of great added value when drawing up a solid privacy statement. Before you know it, your company will be completely GDPR-proof!
​
As a company you must ensure that you act in accordance with the GDPR, otherwise you run the risk that the Data Protection Authority (DPA)administrative fineimposes or imposes other sanctions, such as a ban on processing.
More obligations?
In addition to the GDPR, there are a number of other matters in which a privacy expert can offer great added value to companies.
​
For example, consider theISO 27001 standard. This is a globally recognized standard in the field of information security. Cybersecurity and information security are becoming increasingly important today, which is why it is crucial for a company to be actively involved in this. Companies are not obliged to obtain an ISO 27001 certificate, but it only has advantages. After all, as a company you candemonstrate the reliability of your companyin the field of information security. You can compare this with a kind of quality label. Certified experts such as privacy lawyers deal with the implementation and conduct of an internal audit of your company, as well as the certification itself.
​
Specialized privacy offices and lawyers can also play a major role at another level, namelyassistance in proceedings. Consider, for example, the GBA that starts a procedure because it is of the opinion that your company is processing personal data incorrectly in the light of the GDPR. This procedure can be started in response to a complaint, but the GBA can also start a procedure on its own initiative. If the GBA is of the opinion that there has actually been an infringement, the case can be referred to the Disputes Chamber. This is then the procedure on the merits, whereby sanctions may be imposed on your company.
​
Given the technicality and complexity of privacy regulation, the assistance of a lawyer in such proceedings is indispensable. The GBA and the Disputes Chamber attach great importance to cooperation, also during the investigation phase. To know where you stand, it is therefore best to call on an expert who is familiar with the course of such procedures, possible alternative solutions, the procedure of the GBA, etc.
CONTACTEER ONS!
THEY ALSO APPLIED TO MR. FRANKLIN
mr. Franklin provides us with excellent support in the field of legal IT assistance, GDPR, property law and financial disputes. Drive, speed, passion for the profession, correctness are just a few keywords that Mr. Franklin & their team type.
Xavier Goegebeur / Link Optimizer
mr. Franklin always provides quality work for a clear price.
Alain Carels / Carbofisc