In a previous blog we have informed you about the EIOPA guidelines, which contain guidelines for insurance companies for the outsourcing to providers of existing and new cloud services. However, these are only mere guidelines addressing very particular services for a limited type of entities in the financial sector, namely insurance companies. Already in 2019
Annual review of IT 2022
The year 2022 shows a multitude of legislative and policy initiatives related to IT and data at the European and national levels. The European Commission took seriously its President’s 2021 call to shape digital transformation, especially in the areas of data, artificial intelligence and cybersecurity. At the national level, we also saw a lot happening
ARBIT 2022 – IT supplier obligations further tightened
On 10 September 2022, the new Arbit (General Government Conditions of IT Procurement) terms and conditions came into force. These Arbit 2022 replace the earlier version from 2018. These terms and conditions are used by the central government, such as ministries, independent administrative bodies and regulators as well as other public authorities for the procurement
Seminar “Duty of Care and IT Supplier”
After giving a seminar on the IT supplier’s duty of care in Eindhoven this summer, we have decided to give the seminar again at our location in The Hague, of course supplemented with relevant new case law and insights. In conflicts between IT suppliers and their customers, we are increasingly finding in our own litigation
Cybersecurity on a higher level? The NIS-2 directive
In the European security agenda, originating from 2015, cybersecurity was one of the major focus areas. Since then various legislations in the field of cybersecurity have been introduced as part of the EU-strategy to make Europe more digitally resilient. Various cybersecurity incidents and an evaluation of the cybersecurity legislation in place since 2015, have urged
Seminar “Duty of Care and IT Supplier”
In conflicts between IT suppliers and their customers, we increasingly notice that the special duty of care of the supplier is invoked. What is the impact of the duty of care on the interpretation of the agreement between parties? Does it bring unpredictable obligations for ICT suppliers? Is it a legitimate fallback option for inexperienced
Proposed guidelines for the imposition of fines
The European Data Protection Board (‘EDPB’), composed of representatives of the EU national data protection authorities has drafted new guidelines with respect to the calculation of fines in case of non-compliance of the General Data Protection Regulation (‘GDPR’). These Guidelines complement the previously adopted Guidelines on the application and setting of administrative fines dating from 2016, which focus on the circumstances in which to impose a fine. This post outlines the main elements of the proposed guidelines and sets out the differences with the current national guidelines.
As of 28 May 2022, the legislator sets strict requirements for online reviews
Consumers are increasingly searching for, comparing and purchasing products and services online. They more and more rely on reviews and recommendations from other consumers. However, these consumer reviews are not always reliable. For example, sometimes positive reviews remain online longer than negative reviews, or consumers even receive a form of reward in exchange for a
legal cloudsourcing strategy
Our 10 key lessons learned contracting model – customers may contract with a cloud service provider directly or indirectly via a cloud reseller / integrator, although in practice it is not always very clear which parties are contracting with each other for which type of services (cloud-, maintenance / support – or professional services) and
Turing Law: a new technology firm
As of April 1, 2022, lawyers Tom de Wit, Huub de Jong, Esmée Fonville, Marijn Rooke and Moo Miero will continue their practice under the new name Turing Law, supported by Morgan Remijnse as office manager. Turing Law is an independent boutique firm specializing in IT, data, privacy and digital transformation. Developments in these areas
data act: another building block for the eu data strategy
Data has become increasingly important to achieve the social and commercial goals of companies and other organisations. The European Commission expects the data economy in the EU to be worth €829 billion by 2025. In order to achieve effective data governance, every organisation will have to go through a number of steps. A good understanding of
annual update IT & IT outsourcing
In her State of the Union, the President of the European Commission called for additional efforts to shape the digital transformation, because “digital technology makes the difference between success and failure”. A related theme in the policy of the European Commission remains cyber security, which is reflected in the many initiatives in this area. In
software as a medical device in light of the new MDR: 12 points of consideration for developers (part 3 of 3)
On May 26, 2021, the Medical Devices Regulation (EU 2017/745), better known as the Medical Devices Regulation (“MDR“), became applicable. The MDR builds on the old rules on medical devices, but at the same time is much more than the result of polishing up those old rules. The MDR brings change. Especially for developers of
look before you leap: avoid (too) strong dependence on your ICT supplier
Healthcare processes are rapidly digitising and the Corona pandemic has only accelerated this process. The use of ICT to support or improve care is now a must. Because ICT has become so important for the delivery of care, healthcare institutions have become increasingly dependent on their ICT suppliers. That dependence has also increased because healthcare
software as a medical device in light of the new MDR: 12 points of consideration for developers (part 2 of 3)
On May 26, 2021, the Medical Device Regulation (EU 2017/745), better known as the Medical Devices Regulation (“MDR“), became applicable. The MDR builds on the old rules on medical devices, but at the same time is much more than the result of polishing up those old rules. The MDR brings change. Especially for developers of medical software
software as a medical device in light of the new MDR: 12 points of consideration for developers (part 1 of 3).
On May 26, 2021, the time had finally come. More than four years after its adoption, the Medical Devices Regulation (EU 2017/745) (“MDR“) became applicable. The fact that it took so long for the MDR to become applicable was in part due to the corona crisis. As a result, it was decided to delay the
the e-Privacy Regulation: will it come after all?
Last year, we wrote that the e-Privacy Regulation was becoming a headache for the European Union and we wondered aloud whether the regulation would ever come into being. The latter now seems to be a step closer. The European Commission (‘EC’) published a revised text proposal on 5 January 2021 and not long afterwards, on
guidelines for outsourcing to providers of existing and new cloud services
From 1 January 2021, insurance and reinsurance undertakings (‘Undertakings’) are subject to Guidelines for outsourcing to cloud service providers (‘Providers’). The Guidelines have been issued by EIOPA (‘Guidelines’). EIOPA is the European Supervisory Authority for Occupational Pensions and Insurance, an independent body that advises the European Commission, the European Parliament and the Council of Europe.
action against online offers of counterfeit leaves much to be desired
React – an international organization that acts against counterfeit on behalf of more than 300 members including Adidas, Chanel, Secrid and Apple – criticized the fight against counterfeit by Bol.com in Het Financieele Dagblad earlier this month. Effective handling of reports about online offers of counterfeit products is crucial. Earlier this year we wrote about the
chronicle GDPR case law May 2018 – May 2020 in the Netherlands
Over the past two years, more than 300 judgments on the GDPR have been published on rechtspraak.nl. A number of rulings are interesting, others are predictable and in a number of cases the judge does not seem to apply the GDPR correctly. For anyone who may have missed a number of judgments, this chronicle lists
Privacy Shield invalid: what to do?
On 16 July 2020, the Court of Justice of the European Union (‘EUCJ’) ruled that the Privacy Shield does not comply with the General Data Protection Regulation (GDPR). This is important news for organizations that currently still base the transfer of personal data to organizations in the US on the Privacy Shield. Since this ruling,
software as security in bankruptcy
How specific must software be described in a deed of pledge in order to be able to offer a creditor security in the event of bankruptcy? This question was at stake in the judgement of the Dutch Supreme Court in the ING/Schepel-case of 3 April 2020 (ECLI:NL:HR:2020:590). Case facts CompLions is a software company. ING
the e-Privacy Regulation: situation in 2020
The e-Privacy Regulation (the ‘Regulation’) seems to have become a never ending story for the European Union. The Regulation aims to modernize the rules for traditional telecom companies and to extend the scope of application to new communication services such as Skype, Whatsapp and Facebook. The Regulation also gives conditions for placing cookies, direct marketing
online sales of alcohol further regulated
More and more products are being sold online. This also goes for alcoholic beverages. This is caused by the increasing digitalization of society, but also by the increased difficulty for minors to buy alcoholic beverages in supermarkets, shops, bars and restaurants. The government is trying to protect minors from alcohol consumption in two ways: discouraging
