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PRISM whitepaper

Schuberg Philis and international law firm Allen & Overy have published a practical whitepaper on data protection and privacy rules and regulations.

The truth about Data protection & Privacy rules and regulations

Schiphol-Rijk, 27 February 2014 Outsourcing service provider Schuberg Philis and international law firm Allen & Overy have published a practical whitepaper on data protection and privacy rules and regulations (PRISM, Patriot Act and the Dutch Wet bescherming persoonsgegevens (Wbp)). This whitepaper provides governments and companies in the Netherlands valuable insights on how to mitigate the risk of violation of the many (sometimes conflicting) laws, as well as how to minimise the loss of trust by consumers and citizens.

Pim Berger, CEO of Schuberg Philis "In the past year, our society has been shocked by privacy scandals: government institutions appear to make extreme use and sometimes even abuse of their intelligence capabilities. Many believed that data in the Netherlands were safe, but this proved to be a misconception. It is extremely difficult for organisations to determine if and how they can ensure that they’re compliant with the rules and regulations. The same holds true for the uncertainty about the risks, when it comes to (access to) their data, including personal details of their customers."

Herald Jongen, lawyer and partner at Allen & Overy: "Revelations of people like Edward Snowden make it seem that privacy has become less important than national security, at least in some countries. However, this dilemma has always existed, in all countries. And there are more persistent misconceptions in the discussions surrounding this topic. For instance, it is incorrect that the Patriot Act, or better yet, the US intelligence and safety regulations are not applicable to Dutch companies. Under certain conditions, they are. And similarly, it is wrong to think that the cloud brings a whole new set of privacy risks. With all these misconceptions and the substantial risks involved, there clearly is a need for clarity on the facts, which this whitepaper does."

Berger continues: "For companies, it's difficult to navigate the different rules and regulations, the responsibilities they have in the eyes of the public, and the risks they face when processing and storing their data, especially if this involves third parties. This whitepaper gives helps them in this balancing act."

The Amsterdam office has strong Dutch roots, with a history going back to 1854, and is considered one of the leading law firms in the Netherlands, with experts in the field of among others corporate law, banking and securities law, antitrust, employment and IP, and litigation and arbitration. We work for large, listed and non-listed, corporates and financial institutions, and governments. The collaboration between specialists, locally and internationally, makes Allen & Overy Amsterdam the acknowledged market leader in the field of corporate transactions, banking & capital markets, corporate governance & regulatory and disputes.

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