Henriette Tielemans

Henriette Tielemans is a partner in our Brussels office who specializes in the areas of competition law, with special emphasis on European distribution and franchising law, data privacy and security law, and European commercial matters.

In the area of competition law, Ms. Tielemans regularly advises multinationals on all aspects of distribution and licensing, including commercial law aspects such as termination rights and dispute regulation mechanisms. The EC Block Exemption on Vertical Restraints, the EC Block Exemption on motor vehicles, price discrimination, warranty issues, parallel trade, retention of title issues, sales to grey traders or outside of allocated territories, no-competes, goodwill indemnities upon termination or expiry of the agreement, and market dominance, are only a handful of issues on which Ms. Tielemans regularly advises.

Ms. Tielemans has particular expertise in structuring pan-European franchise networks, including registration of franchisors and pre-contractual disclosure requirements in a number of EU Member States.

On the data privacy and security front, Ms. Tielemans is co-chair of the firm's Global Privacy and Data Security practice group and a member of the Board of the International Association of Privacy Professionals (IAPP) and a member of its European Advisory Board. Ms. Tielemans was selected by the European Commission in Brussels to join the five member team of the Commission's expert group on privacy (GEXPD group). She advises multinationals on all aspects of data privacy and transfer of data from Europe to the United States, and has assisted several companies to certify under the EU-US Safe Harbor Agreement.

Representative Matters

· Ongoing representation of a leading US-based automotive manufacturer on all aspects of its distribution network in Europe and the Middle-East, including the choice of an appropriate distribution system, the interplay between selective and exclusive distribution systems and between sales and rental channels, setting up appropriate structures and mechanisms for customer loyalty programmes, dealer financings, central warehousing, dealer termination issues in several EU Member States, pricing, and similar issues.

· Conducted global data privacy assessments for several pharmaceutical companies with operations in Europe, the US, and several Asian countries.

· Assisted a US based food company in setting up a franchise network in several European countries, prepared the French and Spanish pre-contractual disclosure documents, and secured registration of the franchisor in the central franchise register in Spain.

· Helped a US based multinational in setting up an exclusive dealer network in Russia.

Previous Experience

· 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)

Honors and Rankings

· Chambers Global, Data Protection (2008-2011)

· Legal 500 EMEA
- EU Regulatory, Privacy & Data Protection - Belgium (2010-2011)
- Competition - Belgium (2010)

· Grant from Deutscher Akademischer Austauschdienst (1976)

Pro Bono

· 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.

Memberships and Affiliations

· Harvard Club of Belgium

· European Harvard Law School Association

Publications and Speeches

· Ms. Tielemans participated in a Q&A with Law360 (9/14/2011) on privacy and consumer protection.

Publications

· "Update on the Reform of the European Data Protection Framework," Covington E-Alert (3/27/2012), Co-Author

· "Reform of the European Data Protection Framework," Covington E-Alert (1/25/2012), Co-Author

· "No place to hide," European Lawyer (September 2011), Co-Author

· "PNR Data in the Spotlight," Covington Advisory (3/10/2011), Co-Author

· "Cloud Computing Continues to Loom Large on the International Data Privacy Agenda," EuroWatch (2/15/2011), Co-Author

· "Cloud Computing Continues to Loom Large on the International Data Privacy Agenda," Covington Advisory (2/10/2011), Co-Author

· "EU Data Retention Directive in Spotlight," Covington Advisory (12/24/2010), Co-Author

· "UK Information Commissioner Wields First Fines for Violations of Data Protection Act," Covington Advisory (12/21/2010), Co-Author

· "International Data Privacy Update November 2010," Covington Advisory (11/9/2010), Co-Author

· "New Financial Reform Bill Includes Two Provisions Aimed at Curbing Corruption," Covington E-Alert (7/21/2010), Co-Author

· "International Data Privacy Update June 2010," Covington Advisory (6/15/2010), Co-Author

· "The New EU Rules For Online Sales," Competition Law360 (5/24/2010), Co-Author

· "European Commission Revises Distribution Rules," Covington E-Alert (4/27/2010), Co-Author

· "Article 29 Working Party Announces Work Programme for 2010-11," Covington Advisory (3/29/2010), Co-Author

· "Revised Model Clauses for Transfers to Processors in Non-Eea Countries," Covington Advisory (3/1/2010), Co-Author

· "Google Executives Convicted in Landmark Privacy Case," Covington Advisory (2/25/2010), Co-Author

· "UK to Issue Fines of Up to £500,000 for Violations of Data Protection Act," Covington E-Alert (2/9/2010), Co-Author

· "The Lisbon Treaty and Data Protection: What's Next for Europe's Privacy Rules?," The Privacy Advisor (January/February 2010), Co-Author

· "EU Developments - Update on Changes to E-Privacy Directive," Covington Advisory (1/5/2010), Co-Author

· "Striking A Balance," The European Lawyer (November/December 2009), Co-Author

· "The Lisbon Treaty and Data Protection: What's Next for Europe's Privacy Rules?," Covington Advisory (11/23/2009), Co-Author

· "International Data Privacy Update November 2009," Covington Advisory (11/20/2009), Co-Author

· "Summary of October 1 Privacy & Data Security Workshop," Covington Advisory (10/2/2009), Co-Author

· "Commission Takes Major Step Towards Re-opening Data Protection Directive," The Privacy Advisor (October 2009), Co-Author

· "EU-Recent Developments in European Data Protection Laws," EuroWatch (9/30/2009), Co-Author

· "Recent Developments in European Data Protection Laws," Covington Advisory (9/22/2009), Co-Author

· "Commission Takes Major Step Towards Re-Opening Data Protection Directive," Covington E-Alert (7/16/2009), Co-Author

· "Europe's Emerging Breach Notification Regime," Privacy Laws & Business International (April 2009), Co-Author

· "Privacy Rules Do Not Trump IP Protection," Copyright World (5/1/2008), Co-Author

· "The Concept of Personal Data in the European Union," Covington E-Alert (7/16/2007), Co-Author

· "REACH and Its Impact on Cosmetics," Covington E-Alert (January 2007), Co-Author

· "The Transfer of Airline Passenger Data to the U.S.: An Analysis of the ECJ Decision," BNA International World Data Protection Report (June 2006), Co-Author

· "Recent Guidance: Use of Consent for Data Transfers Outside the EU, Whistle-Blower Hotlines and EU Privacy Rules," The Bureau of National Affairs, Inc.'s Privacy & Security Law Report (4/10/2006), Author

· "Use of Consent for Data Transfers Oustside the EU, Whistle-Blower Hotlines and EU Privacy Rules," BNA Inc - Privacy and Security Law Report (4/10/2006), Author

· "Whistleblower Schemes under Sarbanes Oxley and EU Privacy Rules," Covington E-Alert (1/16/2006), Author

· "Is Consent No Longer a Valid Basis for Transfers of Personal Data from the E.U. to the U.S.?," BNA International: World Data Protection Report (January 2006), Author

· "Consent No Longer a Valid Basis for Transfer of Personal EU Data to the U.S.?," Covington E-Alert (December 2005), Author

· "Sox vs. CNIL - Light at the End of the Tunnel," Covington E-Alert (11/18/2005), Author

· "Harmonizing EU Data Protection Law - A Long Way To Go," ABA Section on International Law - Data Privacy Panel (October 2005), Co-Author

· "EU Data Privacy Developments: IPR Enforcement and RFID," Covington E-Alert (2/23/2005), Author

· "EU Data Privacy Developments," Covington E-Alert (1/13/2005), Author

· "EU Data Privacy Notices," World Data Protection Report (January 2005), Author

· "EU Data Privacy Notices," Covington E-Alert (12/10/2004), Author

· "EU Commission Safe Harbour Report," Covington E-Alert (11/1/2004), Co-Author

· "EU Data Protection Developments," Covington E-Alert (10/14/2004), Author

· "Implementation of EU Directive 95/46 in France & Commission Review of UK Law," Covington E-Alert (7/29/2004), Author

· "Data Retention and Spam," Covington E-Alert (6/18/2004), Author

· "New California Privacy Laws to Take Effect," Covington E-Alert (5/21/2004), Co-Author

· "Article 29 Opinions on EU "Spam" Rules, Passenger Data and Video Surveillance," Covington E-Alert (3/5/2004), Author

· "EU Communication on Spam," Covington E-Alert (2/5/2004), Author

· "Alternative Contract Clauses for Data Transfers and Resolution of Airline Passenger Data Disputes," Covington E-Alert (12/22/2003), Author

· "ECJ Judgement in Lindqvist Case & Implementation of New EU Directive," Covington E-Alert (11/10/2003), Author

· "Reform of Data Protection Notification Requirements," Covington & Burling Client Report (10/2/2003), Author

· "Adequacy Determination for Argentina and Development in Central & Eastern Europe," Covington E-Alert (7/14/2003), Author

· "Binding Corporate Rules," Covington E-Alert (6/13/2003), Author

· "Commission Reports on EU Directive," Covington E-Alert (May 2003), Author

· "Privacy Standardization," (12/17/2002), Author

· "A Changed System: Proposed Reform of European Commission Review Has Foreseeable Problems," Legal Times (11/13/2000), Co-Author

· "Proposed Reforms of EC Competition Law," 15 Antitrust 65 (2000), Co-Author

· "EC Anti-Dumping Policy," Journal of the Japanese Institute of International Business Law, Volume 20, No. 1, p. 35 and No. 2, p. 167 (1992), Author

· "Upcoming Changes in the 'Common Market' Cosmetic," Legislation Food, Drug, Cosmetic and Medical Device Law Digest, 3, p. 14 (September 1991), Author

· "EC Trade Relations with Japan," Journal of the Japanese Institute of International Business Law, Volume 19, No. 12, p. 1536 (1991), Author

· "Annuary, Handelspraktijken/Pratiques du Commerce," Trade Practices (1988), Co-Author

· "Annuary, Handelspraktijken/Pratiques du Commerce," Trade Practices (1987), Co-Author

· "The Termination of Agency and Distributorship Agreements: A Comparative Survey," Northwestern Journal of International Law and Business, Vol. 2, pp. 452-495 (1981), Author

· "Tax Free Mergers Under Belgian Law," International Tax Report, No. 80-7, p. 3 (1980), Author

Presentations and Speeches

· "IAPP Europe Data Protection Congress," When International Anti-corruption and Fraud Statutes Conflict with Data Protection Laws: Overcoming the Challenges (11/29/2011)

· "The Position of the Data Controller," Workshop on International Data Transfers, organized by the Art. 29 Working Party and the U.S. Department of Commerce (December 2005)

· "Harmonization of EU Privacy Laws in the Member States: A Slow Process," ABA International Section, Fall Meeting (October 2005)

· "Cybercrime:Data Security Aspects," Laurence Simmons' General Counsel Dinner and Seminar, Benelux (April 2005)

· "The Impact of the European Union's Privacy Directive on U.S. Companies," presentation at the Manufacturers Alliance for Productivity and Innovation (March 2004)

· "International Product Distribution: An EU Perspective," presentation at the ABA, Antitrust Section, Spring Meeting (2004)

· "Structuring Sales Arrangements for Branded Goods in an Enlarged Europe," presentation at Laurence Simons' The General Counsel Dinner & Seminar - Consumer, Retail & Branded Goods (May 2003)

· "EU Data Protection Legislation: Challenges with Compliance," Covington & Burling's Data Protection Conference (November 2002)