Overview

Thibaut D’hulst focuses on intellectual property law, new technologies, data protection, pharmaceutical law and competition law.

Thibaut regularly advises clients on all aspects of intellectual property law. His experience ranges from advising on strategies to protect trademarks, databases and other intellectual property to litigation, including patent validity and enforcement cases. He also regularly assists clients in new technology projects in relation to compliance with intellectual property, data protection and/or pharmaceutical laws. 

In addition, Thibaut is a certified Data Protection Officer and assists clients in complying with EU and Belgian data protection rules by conducting data protection audits, drafting company policies, information clauses and processor agreements on data protection, filing notifications, assisting clients in procedures before data protection authorities and advising on the international transfer of personal data.

In the field of competition law, Thibaut’s experience includes compliance training, assisting clients during and after dawn raids, advising on data protection aspects of competition procedures and on litigation concerning damages proceedings.

Languages

Dutch, English, French, German

Recommendations

  • Chambers Europe - Data Protection (Associates to watch)

Education

  • Queen Mary, University of London, LL.M. in Intellectual Property Law, 2006

  • University of Leuven, Postgraduate degree in Business Economics, 2005

  • University of Leuven, Master of Laws, 2004

  • University of Namur, Bachelor of Law, 2001


Bar Admission

Brussels

Publications and insights

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    • 03/12/2019
    • Articles

    EDPB Guidelines on Data Protection by Design and by Default

    On 13 November 2019, the European Data Protection Board (EDPB) published draft guidelines (the Guidelines) on the principle of “Data Protection by Design and by Default” set out under Article 25 of the General Data Protection Regulation (GDPR). The Guidelines explain how controllers must ensure that they effectively implement the “data protection principles and data subjects’ rights and freedoms by design and by default” during the design and life cycle of processing activities. The EDPB underlines that Data Protection by Design and Default is a requirement for all controllers, independent of their size. The examples contained in the Guidelines illustrate the broad range of processing activities to which this principle applies: from setting up membership administration to buying customer relationship management (CRM) software; designing online order forms; improving effectiveness of deliveries (through tracking employees); deciding on loan applications as a financial institution; or using artificial intelligence to profile customers. However, the complexity of implementing this principle will vary based on the individual processing operation. In this regard, the principle of Data Protection by Design and Default is coherent with the “risk-based approach” underlying the GDPR. Please click below for a short client memorandum on these guidelines.

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    • 26/11/2019
    • Articles

    Annual Review Confirms Validity of EU-US Privacy Shield

    On 23 October 2019, the European Commission (Commission) published its report on the Third Annual Joint Review of the EU-US Privacy Shield. The Privacy Shield is a self-certification scheme whereby certified US organisations can more easily receive personal data transferred to them from the EU. Certification is granted when an organisation implements measures in order to protect personal data. At the time of the review, there were more than 5,000 participating companies. In its report, the Commission confirms that the EU-US Privacy Shield continues to provide an adequate level of protection for transfers of personal data. It indicates that important improvements have been made to the framework, but also identifies some areas of concern. The European Data Protection Board (EDPB), which is invited to participate in the annual review process, published its own report on the Third Annual Joint Review on 12 November 2019, essentially confirming the findings of the Commission and making further recommendations on access by public authorities of data transferred to the US under the Privacy Shield. The annual review procedure is an important element in the construction of the Privacy Shield since its predecessor, the EU-US Safe Harbour scheme, was annulled by the Court of Justice of the European Union (CJEU) on 6 October 2015 (Case C-362/14). Whether the improvements suffice for the Privacy Shield to meet the EU requirements will be determined by the European Courts in the coming months. Please click below for a short client memorandum on the Third Annual Review of the EU-US Privacy Shield.

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    • 03/10/2019
    • Articles

    ECJ Rules that Pre-Ticked Cookie Checkbox Does Not Count as Consent under GDPR

    On 1 October 2019, the Court of Justice of the European Union (the ECJ) ruled on how cookie consent should be obtained on a website. In its judgment, the ECJ explains that only active (opt-in) consent is valid and it sets out which information must be given when obtaining consent. This decision will have important practical consequences for the use of cookies. Please click below for a short client memorandum on these guidelines.

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