Data protection and Privacy (EN)

Personal data are increasingly emerging as the new intangible asset. Their value is taking on considerable importance in the age of big data and the increased technological possibilities for processing such information, of which the use of artificial intelligence is a part.

Compliance with the legal framework surrounding data and cyber security requirements is essential to maintain a competitive advantage and the confidence of both your employees and your customers.

Thanks to our experience, we are able to provide you with a global or modular approach to help you assess the compliance of your activities with the requirements applicable to you and, if necessary, to put in place the appropriate processes and safeguards in this regard.

What is data protection?

Data protection covers the provisions specifically enacted by the legislator to protect your personal data. Personal data has to be understood as any data that can identify you either directly (such as your surname or first name) or indirectly by cross-referencing various pieces of information (such as your AHV or telephone number).

What services does Wilhelm Gilliéron Attorneys Corp. offer in this respect?

Our office offers you a wide range of services in this field:

  • Assessment of your level of compliance by helping you to set up an inventory of your various processes and related documents ;
  • Drafting of the documents required to ensure compliance (such as privacy policy, employee notice, data processing agreement with your suppliers or customers, etc.) ;
  • Implementation of processes enabling you to data subject access requests (SARs) and to respond effectively in the event of data breach incident ;
  • Training of your teams;
  • Possibility of operating as an external DPO if this option appears adequate and feasible given your context.

Is it really necessary to ensure compliance in the context of my activities when I have never done so before, without encountering any problems whatsoever?

Formally, the law obliges you to comply with the duties it defines. Until recently, the investigative and sanctioning powers granted to the authorities were however minimal. Today, this situation has changed, with extensive powers now given to the authorities and the possibility for them to impose various sanctions in the event of non-compliance, ranging from the outright suspension of the processing at stake to fines, which many authorities no longer hesitate to impose.

While risk-taking is therefore still a possible solution, the risks involved are much greater than in the past, so that a proper assessment of these risks, in full awareness, now seems necessary to avoid potential authorized representatives and board members’ liability.

Why is the advice of a specialist lawyer necessary in data protection matters?

As in many emerging fields, data protection is a matter for specialists. The legal framework is complex and requires practical experience to enable the lawyer to understand how the requirements set out in that framework have to be construed and implemented in everyday life.

Our lawyers have had the opportunity to work with the internal teams of several multinational companies to ensure the implementation of the GDPR and the setting up of global compliance programs. This experience enable us to benefit from a business and practical view of the issues involved and how to respond to them. We are happy to share that expertise to the benefit of our clients, taking into account their respective size and needs.