Monika Kuschewsky

Monika Kuschewsky is a German Rechtsanwältin.  She has practised in Brussels since 2000 and prior to joining Covington headed the European data protection practice of an independent Brussels headquartered law firm.

Ms. Kuschewsky has broad experience in a wide range of data protection matters which are relevant to global companies, with a particular focus on international data transfers, outsourcing, HR and direct marketing.  She also advises on the data protection implications of the use of new technologies and practices, such as BYOD (Bring Your Own Device), cloud computing, geolocation services, cookies and social networks.  Ms. Kuschewsky has successfully managed numerous data protection projects, including multijurisdictional audits and compliance programs, at a pan-European level and beyond.  She represents clients before data protection authorities and provides training on data protection.

Ms. Kuschewsky advises clients in a wide range of sectors, including media and technology, energy and transport, healthcare, pharmaceuticals and finance as well as trade associations.

She is qualified as a Certified Information Privacy Professional/Europe (CIPP/E) and Betrieblicher Datenschutzbeauftragter (company data protection officer) (GDDcert.).  Being a German qualified attorney and certified data protection officer, Ms. Kuschewsky also has an in-depth knowledge of the specificities of German data protection law.  She is also the general editor of "Data Protection and Privacy – Jurisdictional Comparisons," a multi-jurisdictional reference guide for companies, legal professionals and data protection officers covering 30 major jurisdictions worldwide.

In addition, Ms. Kuschewsky advises on German and Austrian competition law.  She has successfully handled more than thirty merger filings in Germany and Austria.

Representative Matters

• Managed and supervised several multijurisdictional audits at a pan-European level, including of HR and customer data processing as well as the use of cookies, of Fortune 500 and other international companies with establishments in several European countries.  Other multijurisdictional projects have included compliance solutions for international data transfers, internal and third country governmental investigations, whistleblowing schemes and data breaches.
• Developed and successfully implemented a number of pan-European data protection compliance programs, which include, among others, the drafting of policies, procedures and information notices as well as filing registrations and notifications in EU Member States.  Ms. Kuschewsky has prepared contractual clauses, including with respect to international data transfers, the use of processors and cloud computing, and assisted in contract negotiations.
• Oversaw and completed multi-jurisdictional filing projects and assisted and represented clients before the data protection authorities in Europe (investigations, audits, enforcement, data breaches) and with respect to data subject requests.
• Assisted clients in conducting privacy impact assessments (PIAs) as regards particular practices, processes, tools, systems and technologies before their deployment.
• Acted as data protection contact for clients and provided data protection training for Legal, HR, data protection officers and other staff members as well as trade associations.
• Experienced in German and Austrian competition law.  Successfully handled more than thirty merger filings with the German Federal Cartel Office and Austrian competition authorities in a wide range of industry sectors, spanning the technology, electronics, aerospace, automotive, steel and construction as well as global materials and chemicals industries.
• Part of a team which received the Global Competition Review Award 2011 for the “M&A Transaction of the Year – Asia-Pacific, Middle East & Africa” where she was actively involved in the relevant proceedings at national level, especially Germany.

Previous Experience

• Headed the European data protection practice of an independent Brussels headquartered law firm.
• Six and four month secondments to the European headquarters and the German subsidiary of a Fortune 500 company in the digital imaging industry.

Honors and Rankings

• Legal 500 EMEA
• JUVE
• Who’s Who Legal

Memberships and Affiliations

• Privacy & Data Protection Journal, Member of the Editorial Board
• Research contributor to Nymity.
• Gesellschaft für Datenschutz und Datensicherheit e.V. (GDD) (German Association for Data Protection and Data Security), Member
• International Association of Privacy Professionals (IAPP), Member
• Digital Economy Committee of the American Chamber of Commerce to the European Union, Member
• Deutscher Juristinnenbund e.V. (German Women Lawyers Association), Member
• Studienvereinigung Kartellrecht e.V. (Association of German, Austrian and Swiss lawyers with a special interest in antitrust law), Member

Publications and Speeches

• "Advocate General Submits Opinion in Google Spain Case," InsidePrivacy Blog (June 2013), Author
• "Art. 29 WP Insists on Narrow Scope for Purpose Limitation," Privacy Laws & Business International Report (June 2013), Author
• "Transferring Data Outside the EEA, Outsourcing and Cloud Computing—A Practical View," LexisPSL IP & IT (5/23/2013), Author