Your Data Protection: How Europe and the U.S. Differ with Ad van Loon (Ep. 26)

Your Data Protection: How Europe and the U.S. Differ with Ad van Loon (Ep. 26)

Ad van Loon (Twitter, LinkedIn) is a communications lawyer based in the Netherlands. In 2008, he created the strategy consulting group X-Media Strategies–where he has advised leading broadcasters including BBC, Deutsche Welle, Euronews, MTV, NHK, NPO, RAI, RTL, SBS, TV5, TVE, and operators of electronic communications networks (KPN, Tele2, UPC, Ziggo) on rights management strategies and on distribution and jurisdiction issues. From 2008-2010, Ad coordinated a joint project of the EU and the Council of Europe on the promotion of European standards in the Ukrainian media environment.

From 2000-2008 he was Manager Legal & Regulatory Affairs at NLkabel, the trade association of cable operators in The Netherlands and a member of Cable Europe’s Regulatory Group.

From 2001-2009, Ad was also an Adjunct Professor at New York Law School, where he taught courses on ‘European Telecommunications Law’, ‘Broadcasting Regulation in European States’ and ‘European Intellectual Property Law’. He also taught European Telecommunications

Law at the University of Sergio Arboleda in Bogota, Colombia.

Ad lived in France for awhile, where he worked at the Council of Europe. Before that he worked at the Institute for Information Law of the University of Amsterdam.

Ad’s expertise covers media and acquisitions in the media and telecommunications business, copyright, personal data protection and cross-border content distribution.

In 2014, the Chinese government invited Ad to their first World Internet Conference in Wuzhen, where he held a presentation on ‘Why payment platforms will rapidly become redundant?’

Ad contributed to several studies on media and antitrust law for the Council of Europe, Unesco and the Dutch government) and to several studies commissioned by the European Commission on the implementation of European rules in the broadcasting sectors of the Member States. He also has a longstanding experience (since 1989) in advising lawmakers in Central and Eastern European countries on how to create more democratic media structures.

He studied Law at Tilburg University.

In this episode, we discussed:

  • The European Union’s Charter of Fundamental Rights and the foundations of data protection laws in the EU.
  • How European citizens who feel their data protection rights have been violated should expect to proceed through the appropriate European agencies and courts.
  • The so-called ‘Safe Harbor’, how it benefited U.S.-based tech companies, and how the ‘Schrems Case’ led to its undoing following Edward Snowden’s revelations about the U.S. National Security Agency’s (NSA) spying program.
  • The aftermath following the European Court of Justice’s decision to strike down the Safe Harbor.
  • How the “right to be forgotten”, “data protection by design” and “data protection by default” will play a role in the EU’s data protection rules going forward.
  • What is at stake for international trade should the EU and US fail to find a resolution.

Resources

X-Media Strategies

EU Charter of Fundamental Rights

The European Court of Justice’s Decision to Strike Down the Safe Harbor

The Circle by Dave Eggers (2014)

The Value of Our Digital Identity (Boston Consulting Group, 2012).