Privacy

Litigating privacy

Do you have a dispute about how you handle personal data and privacy? Or are you in dispute with the Personal Data Authority about this?

When privacy rights are (potentially) violated, legal proceedings are complex. Whether you are taking action on a violation, opposing a violation or challenging a fine imposed, our team is here to help.

Prevention is better than cure

We prefer to be involved in the communication between parties at an early stage of a dispute or impending dispute. We can then contribute to a solution in which both parties agree, so that legal proceedings can possibly be avoided.

Judicial proceedings

If no settlement can be reached between the parties and legal proceedings are unavoidable, we will guide you professionally. In consultation with you, we draft clear procedural documents. You can think here about disputes concerning processing agreements or compliance with other agreements concerning the processing of personal data or whether or not to comply with requests from those involved. In addition, we can assist you in lodging objections and appeals against decisions of the Personal Data Authority.

Our extensive experience in privacy and related aspects, such as IT and intellectual property, often comes in handy in litigation. Indeed, this enables us to quickly get to the bottom of technical aspects of the dispute as well.

Appeal and second opinion

Finally, we can also help you appeal a court judgment. Even if you were assisted by another lawyer in the first instance. A fresh perspective usually can't hurt. If you have doubts about an opinion or the content of a procedural document prepared by your current lawyer, we can provide you with a second opinion. We also regularly assist other lawyers who do not have our expertise.

You are charged with a privacy violation

The protection of privacy is a fundamental right. When this right is violated, for example through unlawful processing of personal data or a breach of confidentiality, the law provides several remedies. You can file a complaint with the Personal Data Authority (AP), request a court order to stop the violations, or claim compensation for damages suffered.

Challenging fines

If you have received a fine from the AP for alleged violations of the AVG, you have the right to object and challenge it. This process requires a thorough knowledge of the AVG and the law of evidence, and it is advisable to seek legal representation.

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