InnovatingNL 2018

30 May 2018

13:30 – 14:00 Ontvangst
14.00 – 14.30 Welkom (Evelyn Tjon-En-Fa, Marc van Wijngaarden)
Keynote (Ronald Hendrikx) – Data: groei en grenzen, praktijk en ethiek
14:30– 14:45 Geoblocking (Roelien van Neck, Pauline Kuipers)
14:45– 15:45 Workshops ronde 1
15:45 – 16:15 Pauze (incl. Informatiemarkt, zie omschrijving hieronder)
16:15 – 17:15 Workshops ronde 2
17:30 Borrel


1. Presentation on trade secrets and information market
General presentation on the new protection of trade secrets legislation and practical tips on all the related steps companies need to take on this matter. You have the opportunity to visit several information booths. At these booths, you can then catch up with Bird & Bird Partners and Senior Associates and/or you can ask them some specific, related questions. The following Partners will be present:
– Intellectual property: protection of technology (Marc van Wijngaarden)
– Trade secrets (Wouter Pors)
– Tax issues (Willem Bongaerts & Arnoud Knijnenburg; and
– First aid at GDPR-problems (the GDPR law which came into force 25th May) (Jeroen van der Lee & Roelien van Neck & Berend van der Eijk)

2. Employee monitoring and the GDPR
Under what conditions may employers screen social media profiles of candidates and/or employees, monitor ICT usage, implement Bring Your Own Device (BYOD) policies, process data from wearable devices, or track vehicles? Must the Works Council be involved? What information has to be provided and when? Under what conditions may monitoring or tracking data be disclosed to third parties or used as evidence?

The adoption of new information technologies in the workplace can be helpful in detecting or preventing the loss of intellectual and material company property, improving the productivity of employees and protecting the personal data for which the data controller is responsible, but also allows for systematic and potentially invasive monitoring. These technologies have blurred the lines between work and home as more employees work remotely using their employer’s equipment, or bring their own devices to work, creating a potential for invasive monitoring of employees, even in their private lives. We will address the practical questions employers now face on what is possible with the coming of the GDPR.

Philip Hartman (partner, Bird & Bird) & Wilfred Steenbruggen (Senior Associate, Bird & Bird)

3. How to manage and insure the risks of new technologies?
The digital transformation of the world affects the way in which liability risks and ‘first party risks’ are being assessed and priced. What are the latest developments and how can these be of use to insured companies and all major players in the insurance industry?

Risks, whether to one’s own property and business or stemming from potential third party claims, are increasing in a pace even faster than technological developments as such. Traditionally, the insurance sector has never been at the forefront of the latest technological developments, but that has changed rapidly over the past few years: insured companies are facing disruptive technologies and numerous risks (e.g. cyber security) related to digitalization.

But there is more than just new risks: the digital transformation of the world also affects the way in which liability risks and ‘first party risks’ are being assessed and priced. Risk assessment data collection via Artificial Intelligence, Digital Claims Management, the use of Digital and Mobile monitoring for risk management – which are the latest developments and how can these be of use to insured companies and all major players in the insurance industry? And: to what extent can tech-related liability risks be managed, in order to avoid having to rely on insurance in the first place?

Evelyn Tjon-En-Fa (partner, Bird & Bird)

4. Technology & the Law – Controlling technology and the flow of information
How can the law help? Does a strong regulatory framework help or constrain innovation? How do governments compete with their legislative efforts and how do companies respond? How can you make the interplay between regulation and your innovations benefit you?

Technology developments continuously enable new possible human behavior, both desirable (e.g. better content targeting) and undesirable (e.g. fake news and the filter bubble). The new possibilities give rise to new dilemmas for companies and their consumers and for governments and their citizens trying to legislate and control the negative aspects. In this session, we will discuss this interplay, the ownership of data and the control over the flow of information in a variety of examples, such as technology standardization (patent pools, open access and APIs), access to the data in electronic patient files and connected vehicles, the security of information as required by the GDPR and NIS directive, as well as net neutrality and the preferential treatment of certain information flows.

Maurits Westerik (Senior Counsel, Bird & Bird) & Marianne Minnecré (Principal regulatory consultant, Bird & Bird)