Covington & Burling LLP | Henriette Tielemans

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Henriette Tielemans

Partner

Brussels +32 2 549 5252 htielemans@cov.com Download V-card

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Described as “a league ahead” in Legal 500, Henriette (Jetty) Tielemans advises global companies on data protection and cyber security.

Ms. Tielemans focuses on international data transfers, binding corporate rules, big data, cloud computing, e-discovery, consumer privacy, behavioural advertising, and mobile privacy issues.

Ms. Tielemans serves on the board of directors of the International Association of Privacy Professionals and on a European Commission-designated five-member expert group discussing revising the 1995 Data Protection Framework Directive.

Representing Facebook before the Brussels Court in on-going privacy litigation.
Obtained approval of binding corporate rules for several U.S.-based multinationals, including processor rules and client tailored transition measures.
Assisted an Asia based multinational with complex global privacy compliance issues.
Day-to-day privacy advice to several companies in the oil, technology and consumer product sectors.

Counsel to Microsoft on the European data protection aspects of its acquisition of Skype.
Assisted global cloud provider with data security requirements in the public sector.
Assisted several Fortune 100 companies with technology related privacy issues (geo-location, cookies, BYOD and others).

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Handicap International Belgium, Brussels based 1997 Nobel Peace Prize Winner: various professional advice.
The Arch, an international living community for mentally handicapped: occasional legal advice.

Harvard Club of Belgium
European Harvard Law School Association

The Universitaire Instelling Antwerpen, Assistant Professor (1976-1977 and 1979-1980)
Trainee in international law firm in Hamburg, Germany (1980)
The Universite Nationale du Rwanda, Professor of Comparative Law (1980)

China Releases Near-final Draft of Regulation on Cross-border Data Transfers

On May 19, 2017, the Cyberspace Administration of China (“CAC”) invited international stakeholders to attend a seminar to discuss an updated version of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Measures”). Given that the Measures have an intended effective date of June 1, 2017, it is likely ...

China Seeks Public Comments on Draft Regulation of Cross-Border Data Transfer

On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the Draft Measures is appended at the end of this alert).

How Merck Achieved BCRs and CBPRs Simultaneously

Merck & Co. recently became the first company to achieve simultaneous approval for its cross-border data transfer strategies through binding corporate rules (BCRs) under principles of the European Union and the cross-border privacy rules (CBPR) process under principles of the Asia-Pacific Economic Cooperation region. Subscribers to Law360 learned how Merck ...

Article 29 Working Party Reacts to the U.S.-EU Privacy Shield Agreement

On February 3rd, the Article 29 Working Party, representing Europe’s data protection authorities, published its reaction to the announcement of a new “Privacy Shield” political agreement between the European Commission and the U.S. Government. The Privacy Shield agreement, announced on February 2nd (and further described in our blog post here), is intended to ...

EU and US in race to rewrite data sharing agreement as deadline passes

Henriette Tielemans is quoted by The Guardian in an article discussing the missed Safe Harbor deadline. According to Tielemans, companies faced “enormous uncertainty” about what European regulators would deem adequate privacy protection.

EU Court Draws Fine Line for Employee Monitoring Programs

Henriette Tielemans is quoted in a Law360 article discussing the recent European Court of Human Rights’ decision allowing employers in the EU to monitor their employees’ online activities for business purposes. “This decision is important,” according to Tielemans. “It will bring much needed legal certainty in an area that many companies are struggling with.”

E.U. Court Declares Data-Transfer Pact With U.S. Invalid

Henriette Tielemans is quoted in this BNA article that explores the idea of finding alternative means for the transfer of data with the elimination of Safe Harbor. Countries that require national data protection authority approval may find even more issues arise when trying to formulate new ways to navigate data transfer laws. Tielemans notes that the process ...

Safe Harbor: The European Court of Justice Ruling and Beyond. What's Next?

EU’s Highest Court Invalidates Safe Harbor with Immediate Effect

Today, the Court of Justice of the European Union (the “CJEU”) invalidated the European Commission’s Decision on the EU-U.S. Safe Harbor arrangement (Commission Decision 2000/520 – see here). The Court responded to pre-judicial questions put forward by the Irish High Court in the so-called Schrems case. More specifically, the High Court had enquired, in ...

Europe’s Top Court Just Gave U.S. Tech Firms a Huge Headache

Brussels-based partner Henriette Tielemans is quoted in this Fortune article that discusses the effects of the highest E.U. court eliminating the U.S.-E.U. data transfer agreement known as the Safe Harbor Act. “Hindsight is a beautiful thing,” said Tielemans. “We must all remember that in 2015 things are different than they were in 2000.”

Advocate General Considers EU-U.S. Safe Harbor to be Invalid

By Jetty Tielemans, Mark Young and Joseph Jones This morning (September 23, 2015), EU Advocate General (“AG”) Bot issued an Opinion in Case C-362/14 Maximilian Schrems v Data Protection Commissioner (see our earlier post on the hearing here). The AG Opinion has gone further than expected, covering not just the power of national data protection...… Continue ...

The EU General Data Protection Regulation: What’s Next and What It Means For Your Business

Chambers Europe and Legal 500 EMEA Recognise Covington in 20 Areas

BRUSSELS, June 11, 2015 — Covington has received 20 leading practice group rankings in the 2015 editions of Chambers Europe and Legal 500 EMEA. The legal guides have recognised the firm’s expertise in the following areas: CHAMBERS EUROPE Europe-wide - Regulatory - Agro/Food Europe-wide - Regulatory - Environment Europe-wide - Regulatory - ...

The EUs Digital Single Market Strategy

Covington’s Brussels harvest

Covington's Peter Camesasca, Johan Ysewyn, Melissa Van Schoorisse, Jennifer Boudet, Miranda Cole, Henriette Tielemans, Sebastian Vos, and Jean De Ruyt are mentioned in this article on the growth of Covington's Brussels office: "April was a busy month for Covington & Burling’s competition lawyers, marking, as it did, the welcome return of Peter Camesasca – who ...

Client Event: “Data Protection & Privacy Law – 2nd Edition,” September 23, 2014

Covington will be hosting a book launch for the 2014 title ‘Data Protection & Privacy Law 2nd Edition’, edited by Monika Kuschewsky, in partnership with The European Lawyer (Thomson Reuters) on September 23, 2014 in Brussels. The event will comprise a half-day workshop followed by a drinks reception. We are pleased to confirm that the...… Continue Reading

New EU Competition Commissioner - Margrethe Vestager

Covington Wins Two ‘European Women in Business Law’ Awards

LONDON, 7 July, 2014 — Euromoney Legal Media Group awarded Covington partners Lisa Peets and Carmen Martinez Lopez the ‘Best in Copyright’ and ‘Rising Star - Litigation’ awards at the annual European Women in Business Law Awards ceremony in London. The awards honour firms that set “the standard in terms of female-friendly work practices, and women leading the ...

Nine Covington Lawyers Shortlisted for ‘Europe Women in Business Law’ Awards

LONDON, 1 May, 2014 — Euromoney Legal Media Group have shortlisted nine Covington lawyers for the annual ‘Europe Women in Business Law Awards’ 2014. Those shortlisted for “Best in” their respective practice areas are: Competition and Antitrust - Miranda Cole Copyright - Lisa Peets Financial Regulation - Charlotte Hill Life Sciences - Lucinda Osborne ...

Covington Strengthens EU Competition Practice with Johan Ysewyn and Peter Camesasca

Brussels, 30 April, 2014 — Covington & Burling is pleased to announce that Johan Ysewyn and Peter Camesasca are joining the firm's Brussels office as partners, where they will play substantial roles in the firm’s global antitrust and competition practice. The additions of Mr. Ysewyn and Dr. Camesasca will strengthen the firm’s existing EU competition team in ...

U.S. To Review Safe Harbor Program

As part of an ongoing European tour, President Obama has met with several EU political leaders in Brussels today. After the meeting, Herman van Rompuy, President of the EU, stated that the US has agreed to review the Safe Harbor. There are no further details known at this stage but most likely the changes will be...… Continue Reading

Dissuading Companies from Violating Data Protection Rules: Senior European Commission Official Calls for ‘Significant’ Fines

By Charlotte Ryckman & Jetty Tielemans Speaking at Berkeley’s Online Tracking Workshop today, Françoise Le Bail, Director-General of the European Commission’s DG Justice (the leading department regarding the EU data protection reforms) confirmed the European Commission’s vision that the EU needs stronger penalties in order to ensure effective enforcement of ...

The Future of the Safe Harbor Agreement

Recent events in the European Parliament and European Council demonstrate that concerns over the U.S.-EU Safe Harbor Agreement are continuing to mount, and reform or even revocation of the Safe Harbor Agreement remains a possibility. Today, Covington published a client alert that discusses recent developments involving the Safe Harbor Agreement and the ...

The Future of the Safe Harbor Agreement

From Privacy Professional to Privacy for Professionals: Expanding Privacy Beyond the Office of the CPO/DPO

Privacy, Content, Ethics and Big Data

Analysing LIBE’s Draft of the EU Data Protection Regulation

BTI Names Martin and Tielemans ‘Client Service All-Stars’

WASHINGTON, DC, February 26, 2013 — The BTI Consulting Group has named Covington & Burling partners David Martin and Henriette Tielemans to its 2013 “Client Service All-Stars” list. The BTI “Client Service All-Stars” were singled out by general counsel and direct reports at large and Fortune 1000 organizations in one-on-one interviews. Mr. Martin, based in ...

Covington’s Tielemans to IAPP Executive Committee

BRUSSELS, 5 February, 2013 — The International Association of Privacy Professionals, the world’s largest association of privacy professionals, has appointed Covington & Burling’s Henriette (“Jetty”) Tielemans to its executive committee. “I am thrilled to welcome Jetty to our executive committee,” said J. Trevor Hughes, president and CEO of IAPP. “Her expertise ...

Covington Named ‘Privacy & Consumer Protection Practice Group of the Year’

WASHINGTON, DC, January 22, 2013 — For the second straight year, Law360 named Covington & Burling’s global privacy and data security practice as one of the top five “Privacy & Consumer Protection Practice Groups of the Year.” In a profile highlighting the firm’s privacy-related work, Law360 noted the group’s recent litigation win for LinkedIn Corp. In that case, ...

The Proposed EU Data Protection Regulation

Privacy Considerations for EU Cloud Clients

The New EU Data Protection Framework

Reform of the European Data Protection Framework

Law360 Names Covington ‘Privacy & Consumer Protection Practice Group of the Year’

WASHINGTON, DC, January 9, 2012 — Law360 named Covington & Burling’s global privacy & data security practice as one of the top five “Privacy & Consumer Protection Practice Groups of the Year.” In a profile about the firm published on Jan. 5th, Law360 pointed to Covington’s broad practice in assisting clients in transactions, on advisory matters, in social ...

IAPP Europe Data Protection Congress

Q&A With Covington's Henriette Tielemans

Henriette Tielemans participated in this Q&A on privacy and consumer protection.

No place to hide

European Regulators Continue to Struggle With New Cookie Rule

In 2009, Directive 2002/58/EC, the so-called ePrivacy Directive, was amended. The deadline for EU Member States to implement the revised Directive in their national laws was May 25, 2011, but very few Member States met the deadline and even today, almost one month after the deadline, discussions remain ongoing in most national parliaments. The implementation ...

Covington Advises Microsoft in $8.5 Billion Skype Deal

WASHINGTON, SAN FRANCISCO, BRUSSELS, AND LONDON, May 10, 2011 —Covington & Burling LLP is advising Microsoft Corp. in its acquisition of Skype Global S.à.r.l., the leading Internet communications company, for $8.5 billion in cash. Microsoft’s purchase of Skype from the investor group led by Silver Lake is expected to increase the accessibility of real-time ...

European Commission Adopts Evaluation Report on Data Retention Directive

Today the European Commission adopted an evaluation report on the Data Retention Directive. This Directive requires EU Member States to ensure that telecommunications service providers retain certain categories of data for the purpose of investigations, detection and prosecution of serious crime, as defined by the national law of the Member States. Since its ...

PNR Data in the Spotlight

EU’s Hustinx: Data Protection Law Sanctions Should Mirror Competition Law

At a recent presentation in Frankfurt, Peter Hustinx, head of the European Data Protection Supervisor Office in Brussels, launched an intriguing idea: sanctioning violations of data protection law in the same manner as violations of competition law. The trade press regularly reports on multi-million euro fines for cartels or abuses of dominant positions by ...

EU Data Retention Directive in Spotlight

International Data Privacy Update November 2010

International Data Privacy Update June 2010

The New EU Rules For Online Sales

European Commission Revises Distribution Rules

Originally published as Covington E-Alert on April 27, 2010 On 20 April 2010, the European Commission published new rules governing so-called “vertical” agreements, such as distribution and supply agreements. The new rules are set out in the Vertical Restraints Block Exemption Regulation and the related Guidelines (see DG Competition’s website). They will ...

European Commission Revises Distribution Rules

Google Executives Convicted in Landmark Privacy Case

Striking A Balance

International Data Privacy Update November 2009

Summary of October 1 Privacy & Data Security Workshop

EU–Recent Developments in European Data Protection Laws

Recent Developments in European Data Protection Laws

Europe’s Emerging Breach Notification Regime

Covington’s Tielemans Appointed to European Commission’s Data Protection Expert Group

BRUSSELS, November 12, 2008 — Covington & Burling LLP partner Henriette Tielemans has been appointed to the Data Protection expert group (GEX PD) by the European Commission. The Data Protection expert group will assist the Commission in identifying challenges for the protection of personal data in the EU, and putting forward proposals for addressing those ...

Use of Consent for Data Transfers Oustside the EU, Whistle-Blower Hotlines and EU Privacy Rules

Recent Guidance: Use of Consent for Data Transfers Outside the EU, Whistle-Blower Hotlines and EU Privacy Rules

Whistleblower Schemes under Sarbanes Oxley and EU Privacy Rules

The Position of the Data Controller

Consent No Longer a Valid Basis for Transfer of Personal EU Data to the U.S.?

Sox vs. CNIL - Light at the End of the Tunnel

Harmonizing EU Data Protection Law - A Long Way To Go

Harmonization of EU Privacy Laws in the Member States: A Slow Process

Cybercrime:Data Security Aspects

EU Data Privacy Developments: IPR Enforcement and RFID

EU Data Privacy Developments

EU Data Privacy Notices

EU Commission Safe Harbour Report

EU Data Protection Developments

Implementation of EU Directive 95/46 in France & Commission Review of UK Law

Data Retention and Spam

New California Privacy Laws to Take Effect

Article 29 Opinions on EU "Spam" Rules, Passenger Data and Video Surveillance

The Impact of the European Union's Privacy Directive on U.S. Companies

EU Communication on Spam

International Product Distribution: An EU Perspective

Alternative Contract Clauses for Data Transfers and Resolution of Airline Passenger Data Disputes

ECJ Judgement in Lindqvist Case & Implementation of New EU Directive

Reform of Data Protection Notification Requirements

Adequacy Determination for Argentina and Development in Central & Eastern Europe

Binding Corporate Rules

Structuring Sales Arrangements for Branded Goods in an Enlarged Europe

Commission Reports on EU Directive

Privacy Standardization

EU Data Protection Legislation: Challenges with Compliance

Proposed Reforms of EC Competition Law

EC Anti-Dumping Policy

Upcoming Changes in the 'Common Market' Cosmetic

EC Trade Relations with Japan

Annuary, Handelspraktijken/Pratiques du Commerce

The Termination of Agency and Distributorship Agreements: A Comparative Survey

Tax Free Mergers Under Belgian Law

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Euromoney Legal Media Group, shortlisted for Europe Women in Business Law Awards for TMT (2014)
Chambers Global, Data Protection (2008-2017)
Chambers Europe, Data Protection (2015-2017)
Legal 500 EMEA
- EU Regulatory, Privacy & Data Protection (2010-2017)
- EU Regulatory, Information Technology (2016)
- IT and Telecoms (2016)
- Competition - Belgium (2010)
IAM Patent 1000 - The World’s Leading Patent Practitioners (2012-2015)
BTI Client All Stars (2013)
Elected to Board of International Association of Privacy Professionals (IAPP)

Education

Harvard Law School, LL.M., 1978

Frank Boas Fellowship for International Legal Studies
Fulbright Fellow

University of Antwerp, Belgium, J.D., 1976

magna cum laude

University of Antwerp, Belgium, B.A., 1973

cum laude

Representative Matters

Pro Bono

Memberships and Affiliations

Previous Experience

News and Insights (Showing 5 of 120) (Showing 120 of 120)

Safe Harbor: The European Court of Justice Ruling and Beyond. What's Next?

The EU General Data Protection Regulation: What’s Next and What It Means For Your Business

From Privacy Professional to Privacy for Professionals: Expanding Privacy Beyond the Office of the CPO/DPO

Privacy, Content, Ethics and Big Data

Analysing LIBE’s Draft of the EU Data Protection Regulation

The Proposed EU Data Protection Regulation

Privacy Considerations for EU Cloud Clients

The New EU Data Protection Framework

IAPP Europe Data Protection Congress

EU–Recent Developments in European Data Protection Laws

Europe’s Emerging Breach Notification Regime

Privacy Rules Do Not Trump IP Protection

Use of Consent for Data Transfers Oustside the EU, Whistle-Blower Hotlines and EU Privacy Rules

Whistleblower Schemes under Sarbanes Oxley and EU Privacy Rules

The Position of the Data Controller

Consent No Longer a Valid Basis for Transfer of Personal EU Data to the U.S.?

Sox vs. CNIL - Light at the End of the Tunnel

Harmonization of EU Privacy Laws in the Member States: A Slow Process

Cybercrime:Data Security Aspects

EU Data Privacy Developments: IPR Enforcement and RFID

EU Data Privacy Developments

EU Data Privacy Notices

Implementation of EU Directive 95/46 in France & Commission Review of UK Law

Data Retention and Spam

Article 29 Opinions on EU "Spam" Rules, Passenger Data and Video Surveillance

The Impact of the European Union's Privacy Directive on U.S. Companies

EU Communication on Spam

International Product Distribution: An EU Perspective

Alternative Contract Clauses for Data Transfers and Resolution of Airline Passenger Data Disputes

ECJ Judgement in Lindqvist Case & Implementation of New EU Directive

Adequacy Determination for Argentina and Development in Central & Eastern Europe

Binding Corporate Rules

Structuring Sales Arrangements for Branded Goods in an Enlarged Europe

Commission Reports on EU Directive

Privacy Standardization

EU Data Protection Legislation: Challenges with Compliance

Proposed Reforms of EC Competition Law

EC Anti-Dumping Policy

Upcoming Changes in the 'Common Market' Cosmetic

EC Trade Relations with Japan

Annuary, Handelspraktijken/Pratiques du Commerce

Annuary, Handelspraktijken/Pratiques du Commerce

The Termination of Agency and Distributorship Agreements: A Comparative Survey

Tax Free Mergers Under Belgian Law

Accolades

Practices

Industries

Education

Harvard Law School, LL.M., 1978

University of Antwerp, Belgium, J.D., 1976

University of Antwerp, Belgium, B.A., 1973

Bar Admissions

Languages