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Monika Kuschewsky
Monika Kuschewsky
Special Counsel
Brussels +32 2 549 5249 Download V-card

Monika Kuschewsky is a German Rechtsanwältin.  She has practised in Brussels since 2000 and prior to joining Covington she was a partner in an independent Brussels headquartered law firm where she developed and headed the European data protection practice for three years.

Privacy & Data Security

  • Advising several companies, including a trade association in the transport sector, on the reform of the EU Data Protection Directive and the review of the EU-US Safe Harbor scheme and the potential impact.
  • 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 the preparation and roll-out of compliance solutions for international data transfers, internal and third country governmental investigations, whistleblowing schemes and data breaches.
  • Participated in the audit of the data processing practices of a non-European multinational conglomerate IT and electronics company and the development of a global compliance strategy.  Involved in the development of its global privacy policy, HR and due diligence guidelines.  Advised on the deployment of Big Data.
  • Developed and successfully implemented a number of pan-European data protection compliance programs, which include, among others, the drafting of various 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 and the use of processors, and assisted in contract negotiations.
  • Reviewed and amended several cloud computing contracts.
  • Developed a data protection compliance strategy regarding the exchange of personal data and international data transfers of an organisation and its members in the automobile sector. Prepared data transfer, controller-to-controller and processor agreements and worked on a security policy.
  • Advising a global biopharma company on the legal aspects and implementation of a Customer Relationship Management system in several European jurisdictions.
  • 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. Assessed the HR data processing activities of a multinational HR services provider and filing requirements in Belgium, France, Italy and Luxembourg. Supervising the preparation of the necessary registration documents as well as data transfer agreements.
  • Assisted clients in conducting privacy impact assessments (PIAs) as regards particular practices, processes, tools, systems and technologies before their deployment.
  • Acts 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. 
  • Conducted a comprehensive data protection audit in preparation for the BCR application of a global supplier in the oil and gas industry and has assisted in the implementation of the BCR.  Regularly advises on various day-to-day as well as more strategic data protection matters both including HR and customer data for the same client.
  • Prepared a processor agreement for a non-EU headquartered agrochemicals manufacturer and distributor and participated in contract negotiations and advised on the data protection related parts of its social media policy.
  • Reviewed various IT and e-mail policies of a global life sciences company and amended them in light of several IT projects, including e-mail and server consolidation and mobile device management.  Advised and developed a BYOD policy and related documents.  Prepared processor and international data transfer agreements.
  • Drafted and amended controller-to-controller agreements, including for a life sciences company in relation to its distributors.
  • Advised a leading global IT company and others on miscellaneous questions of German data protection law, including in relation to direct marketing, call center activities, asset deals and the deployment of new technologies.
  • Reviewed and amended the overview of a large pharmaceutical company regarding legal issues in investigations under German data protection law.
  • Prepared privacy policy templates for dealers for a global player in the automotive industry.

Antitrust & Competition Law

  • 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.
  • Advised a global life sciences company on the legal aspects of sales at a loss under German competition and unfair competition laws.
  • 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.

Pro Bono

  • Provides EU data protection advice to a leading international micro-finance organization.

Memberships and Affiliations

  • IAPP Brussels KnowledgeNet, Co-Chair 
  • 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

Previous Experience

  • Developed and headed the European data protection practice of an independent Brussels headquartered law firm for three years.
  • Six and four month secondments to the European headquarters and the German subsidiary of a Fortune 500 company in the digital imaging industry.  Matters handled included issues relating to German rules on unfair competition, marketing, contracts, terms and conditions, insolvency, counterfeit and data protection. Managed external correspondence with customers and suppliers. Drafted internal policies and various contracts and participated in contract negotiations.
  • Managed and supervised a number of pan-European proceedings in customs and trade matters, primarily for Asian headquartered companies in the IT and electronic goods sector.  Prepared submissions and represented clients both in administrative and court proceedings in Germany and Austria.
  • Assisted in the preparation of submissions to the Court of Justice of the EU and participated in hearings both in customs and competition cases.
  • Who's Who Legal: Technology, Media & Telecommunications, nominated as one of the "world's leading practitioners" in Belgium (2015).
  • Legal 500 EMEA
  • JUVE
  • Who’s Who Legal