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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    • 12/04/2021
    • Articles

    European Union and South Korea Conclude Adequacy Talks

    On 30 March 2021, the European Commission and the Republic of Korea successfully concluded their negotiations on adequacy. An “adequacy finding” will enable free and safe data flows from the European Union to South Korea. The conclusion of the negotiations allows the European Commission to adopt an “adequacy finding” under Article 45.3 of the GDPR, confirming that South Korea’s Personal Information Act (PIPA) provides a comparable level of protection of personal data to European data protection laws. Such an “adequacy finding” will cover both private and public sector data controllers established in South Korea. The negotiations on adequacy were initiated in the context of the Free Trade Agreement that was concluded between the European Union and Korea. Within the framework of these negotiations, South Korea has enacted a series of reforms to its data protection laws. For instance, South Korea committed to implementing additional safeguards to protect European citizens’ personal data (e.g., introducing the concept of “pseudonymised information”, as well as the “purpose limitation” principle) and streamlined South Korea’s data protection regulatory authorities to one authority, while previously data protection breaches and issues were handled by multiple agencies. These new rules will be binding on companies importing data from the European Union and enforceable by South Korea’s Personal Information Protection Commission (PIPC). The European Commission will now launch the procedure for the adoption of a formal adequacy decision. This involves obtaining an opinion from the European Data Protection Board and approval by a committee composed of representatives of the EU Member States. Once the formal decision has been adopted, personal data can flow freely from the EU Member States to South Korea without any further safeguards or authorisations such as binding corporate rules and contractual clauses.

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    • 25/03/2021
    • Articles

    Belgian DPA Prohibits Use of Unlawfully Obtained Personal Data in Arbitration Proceedings

    The Litigation Chamber of the Belgian Data Protection Authority prohibited a controller from passing on personal data obtained in breach of data protection rules to its legal counsel. The Litigation Chamber did not issue a fine, but the decision serves as a clear message that further processing of such unlawfully obtained personal data, even in the context of legal proceedings, is prohibited. Please click below for a Client Alert on this decision.

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    • 19/02/2021
    • Articles

    European Commission | Assessment of Member State Rules on Health Data in Light of GDPR

    On 12 February 2021, the European Commission’s DG Health and Food Safety published an assessment of the EU Member State rules governing health data in the light of the General Data Protection Regulation (EU) 2016/679 (GDPR). The study’s objective was to examine possible differences between Member States and identify elements that might affect the cross-border exchange of health data in the EU for the purposes of healthcare, research, innovation and policy-making. The European Commission concluded that the existing fragmented approach of national rules governing health data between Member States hampers cross-border co-operation in the provision of healthcare, the administration of healthcare systems and research carried out so as to further public health objectives. The study discusses the use of health data for primary purposes (patient care), for secondary use in public health and for scientific or historical purposes. For each of these uses, the study analyses the legal bases for processing the data under the GDPR and inquires whether local legislation provides for alternatives to the use of consent as a legal basis. In response to the challenges identified, the study suggests actions at EU level to support the European Health Data Space and ensure the best possible use of health data. Furthermore, the study shows that co-operation between the EU Member States is crucial as it should draw on the work of national data protection authorities that come together as the European Data Protection Board, as well as on the numerous national and EU level bodies. Please click on the link below for a short article on the Commission’s assessment.

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