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Willeke Kemkers is a member of the IP / Tech department of Greenberg Traurig’s Amsterdam office. She focuses on a broad range of intellectual property issues, including proceedings, drafting of (commercial) contracts and providing of advice regarding transactions (mergers and acquisitions). Willeke also has deep knowledge of EU e-commerce regulations and regularly counsels clients with respect to the interpretation and application of the relevant laws.

Furthermore, Willeke counsels clients on a wide range of privacy issues such as data processing agreements, cross-border transfers of data, privacy policies and data breaches. With respect to the coming into force of the GDPR, Willeke prepared clients from many different industries (transport, medical, legal) to be GDPR compliant.

Willeke also has experience with drafting and reviewing of IT contracts including hosting (cloud), outsourcing (SaaS, Iaas and Paas) and IT development contracts.

On August 27, 2020 the Dutch Data Protection Authority (Dutch DPA) announced that it approved the first ‘code of conduct’ in the Netherlands, the Data Pro Code. The Data Pro Code was drafted by NL Digital, the Dutch industry association for organizations in the ICT sector in the Netherlands.

What is a ‘Code of…

On October 1, 2019 the Court of Justice of the European Union (CJEU) issued a new judgment on the use of cookies which, under the EU E-Privacy Directive, requires users’ informed consent. The court decided that

  • the cookies consent cannot be obtained by using a pre-ticked consent checkbox; and
  • information must be provided to users

…

On Sept. 24, 2019, the Court of Justice of the European Union (CJEU) decided that the “right to be forgotten” does not require a search engine operator to carry out de-referencing on non-EU member state versions of its search engine. The case relates to a penalty of €100,000 that the French data protection authority, CNIL,…

On July 29, 2019, the Court of Justice of the European Union (CJEU) found that a website operator using a social media plugin is a joint controller with the social media company providing the plugin and can be held jointly liable in relation to such processing activities. Although the case was decided under…

While many are still digesting the changes brought about by the EU General Data Protection Regulation (GDPR), a new privacy regulation is already on its way. The Regulation Concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications – in short, the ePrivacy Regulation  – is currently a…

In a period of ongoing modernization of European legislation concerning the European Digital Single Market, the regulation of online copyright is a continuing concern. The proposed new copyright directive (‘the Copyright Directive’) would bring far-reaching changes to European copyright law and has been heavily debated by the member states over the last two years.…

The European Union continues to roll out regulations in furtherance of the EU Digital Single Market, a strategy that covers digital marketing, e-commerce, and telecommunications. The GDPR went into force in May 2018, the new ePrivacy Regulation is planned for 2019, and on Friday, 9 November 2018, a new milestone was reached when the Council…

The European General Data Protection Regulation (GDPR) has brought important changes to the legal grounds for data transfers between the EU and the United States. Simultaneously, a new act in the United States has come into force that also affects data transfers between the United States and the EU. This act, the Clarifying Overseas Use…

On 25 July 2018 an important legal opinion was rendered in a high-profile case regarding the possibility of copyright on taste. In this legal opinion the Court of Justice of the European Union (the CJEU) was advised by a special advisor, the ‘Advocate General’. He is of the opinion that taste should not be protected by copyright.
Continue Reading Can Taste be Copyrighted?