Lorenz – Brussels Bishkek Geneva

Specific Industries

Personal data is processed by virtually all industries and data protection law affects all market participants. Lorenz has deep knowledge and experience dealing with a broad number of specific sectors.

Financial Services

Consumers have become highly sensitive about monitoring the privacy of their financial records. Moreover, certain trends in the financial services sectors, such as the establishment of financial services conglomerates selling a range of financial services from funds management and insurance products to traditional bank services; the increased number of mergers and acquisitions in the financial services sectors and the ensuing use of data to cross-sell products; the moving away from brand style banking and distribution towards electronic, non-cash alternatives, such as ATM’s or the Internet, have increased the risk for privacy and information security violations. As a result, financial institutions and insurance companies need to ensure compliance with the privacy legislation governing financial services in order to avoid violation of these requirements.

We advise financial institutions, credit and companies and insurance companies on:

• the collection, use and disclosure of financial information;
• the possibility to share certain financial information by industry participants;
• the potential liability for security breaches;
• the bank secrecy rules;
• the cross-border data and payment transactions;
• the transborder transfer of financial information from the EU to the US;
• the implementation of online trading and virtual stock exchanges;
• the use of online media to market or send investment information; and
• the data protection obligations for providers of electronic banking and universe products and services.

Healthcare

Medical records are considered as sensitive personal data. Privacy legislation has a significant impact on how personal information must be handled in the healthcare sector.

We assist health care providers, medical devices companies, pharmaceutical companies and health insurance providers in developing best practices in health privacy compliance. For example, we assist our clients in:

• understanding the requirements of privacy legislation;
• designing thorough audits of current information practices;
• developing procedures to collect, use or disclose certain personal health care information in order to ensure compliance at every level;
• amending health plan documents and service provider agreements;
• developing privacy policies;
• creating procedures and systems to manage access to information;
• training employees on the use and disclosure;
• responding to any regulatory revenues; and
• monitoring on-going compliance.

Information Management

In today’s digital and fast-paced global economy, the manner in which a company manages information and the free flow of information is often critical to a successful business model. Information can be a powerful asset or a legal liability. As the ability to collect, process and transfer data has grown with the new digital media, so too has the number of privacy and data protection laws.

Lorenz represents a diverse group of clients, including consumer goods companies, electronic publishers, reference services, consumer and business credit reporting agencies, risk management specialists, health care providers, direct marketers, telecommunications and Internet service providers, banks, insurance providers and government agencies, which all need to make appropriate use of consumer, business and employment information and see the correct and proactive management of that asset as part of their strategy to promote employee and customer loyalty and to gain a competitive advantage.

Lorenz lawyers counsel these clients on the full range of issues and liabilities associated with the collection, use, transfer and disclosure of consumer, business and employee data for a wide range of purposes. We carefully monitor new and evolving global legal requirements in Europe, Russia, Central Asia and the United States that affect the use of information and work closely with clients to conduct full-scale privacy assessments and develop enterprise-wide information management programmes in order to ensure their compliance with privacy and data protection laws while at the same time allowing them to maximise their flexibility and the ability to generate revenue.

Information Technology

The Lorenz Privacy and Data Protection Team offers responsive, comprehensive, high-quality legal solutions to companies that produce IT products and services and to companies selling their products and services over the Internet.

We advise companies in connection with their Internet data protection policies and privacy strategy.

We also advise e-commerce companies on the privacy and data protection issues arising from selling products and services over the Internet.

New Technologies

Biometrics

Biometrics is a general term used to describe a “measurable biological (anatomical and psychological) and behavioural characteristic”, which can be used for automated recognition. Example technologies where biometrics is used can be listed as follows: palm print recognition, fingerprint recognition, hand geometry, dynamic signature, iris recognition, face recognition and speaker recognition.

Both public institutions and corporations who would like to pursue innovations where biometrics applied may face serious legal challenges where most of them are in the area of conforming to privacy and data protection requirements. The potential for misuse of sensitive personal information has triggered legislative and regulatory action worldwide.

Lorenz is continually monitoring the recent developments and offering responsive, comprehensive, high-quality solutions to businesses that produce or use biometrics-applied technology products and services.

Nanotechnology

Nanotechnology is the “science of the very small”. Today, government, scientific and educational institutions at the highest levels take the study of nanotechnology very seriously. It is an area busy with lots of ideas. Nanotechnology is an emerging science in which matter is manipulated on the scale of one to one hundred nanometres, or billionths of meters. This process is expected to result in the manufacturing of products that are smaller, stronger, and lighter than those available today. Key areas of nanotechnology research include: biology, materials research, medical, and defence applications.

These technologies will be highly beneficial in promoting economic progress, health, and environmental preservation. But these technologies may also come with a darker side: they can open new opportunities for governments, individuals, and private interests to violate privacy. Nanotechnology will likely raise serious challenges to the protection of individual privacy.

Nanotechnology is in its early stage at this point, but Lorenz is already well-involved with it. We are closely monitoring the developments in legislation on this area at EU level, interacting with universities and institutions to exchange information, and advising our clients who are on fast track in this innovative technology.

RFIDs

RFID (Radio Frequency Identification) is a generic term for technologies that use radio waves to automatically identify objects.
An RFID chip or so-called “tag” comprises a microchip and a tiny antenna that transmits data from the chip to a reader. The reader is activated whenever the antenna comes into range and the data can be used to trigger an event such as, e.g., raising and alarm or signalling that a pallet of goods has arrived in a warehouse.

The tags can be incorporated into a range of products and have an advantage over barcodes in not requiring a line of sight between the tag and the reader. They offer a means of navigating complex global supply chains, allowing companies to track their products from factory to distribution centre, from warehouse to sales floor.

RFID is used in the retail, consumer goods, life sciences and automotive sectors.

While RFID looks set to revolutionise logistics, supply chain management and retail payments, it may also permit surreptitious collection of personal data consumer behaviour, details about the clothes wear and even the medicines they take. Developers and deployers of such technology need to ensure that they do not fall foul of data protection and privacy laws.

The Lorenz Privacy and Data Protection Team monitors and advises companies and industry associations in relation to any privacy concerns and information management issued raised by the implementation of RFID technology.

Telecommunications Services

In the evolving world of telecommunications, and indeed, as in any technology-driven industry, keeping up with legal changes can be challenging. Lorenz lawyers are able to advise clients on changes needed to conform to and succeed in an environment of evolving case law, legislation, and regulations. Keeping current by staying involved in the telecommunications industry, Lorenz is highly regarded for innovative solutions to the challenges presented by the privacy and data protection laws in Europe, Russia and Central Asia. Members of our Privacy and Data Protection Team help clients understand these laws and advise them on developing compliant practices and programs.

Lorenz lawyers have represented a range of telecommunications providers (e.g., local exchange, interexchange, wireless), power line communications providers, telecommunications equipment providers and manufacturing companies, international foreign governmental entities, and users of telecommunications equipment and services in relation to privacy and data protection law issues.