SENSITIVE COMPLIANCE AND AML ISSUES AND SOLUTIONS

27 FEBRUARY 2020


AGENDA:

What is the Romanian Financial Intelligence Unit considering in case of an investigation? – KEYNOTE SPEAKER: Daniel Marius Staicu, President – Head of Financial Intelligence Unit Romania

Company AML & compliance challenges and related solutions under the new Romanian legislation – Alina Radu, Partner, Head of NNDKP’s Banking and Finance Practice

Intricate AML issues that companies currently deal with, and how to settle them – Johannes Wirtz LL.M., Senior Lawyer Bird & Bird Frankfurt

How must a company act in case of an AML raid? – Rohan Schaap, Director of the Investigations Office, Chief Compliance Officer at the European Bank for Reconstruction and Development (EBRD) UK

MODERATOR: Ana-Maria Baciu, Partner Simion & Baciu


DIGITAL EVIDENCE

21 NOVEMBER 2019


AGENDA:

E-evidence and access to e-evidence in the new EU e-evidence package. How does it apply in the context of the recently adopted US Cloud Act? – KEY NOTE SPEAKERFlorin-Răzvan Radu PhD., Deputy Director of the Directorate for International Law and Judicial Cooperation at Ministry of Justice of Romania

Digital evidence in Romanian courts – Raluca Galea, Judge Bucharest Tribunal

Using  as evidence the information posted on social media – Prof. Ioan-Cosmin Mihai, Vice President of the Romanian Association for Information Security Assurance (RAISA)

Employment of digital evidence by the prosecutors (now and in the future) – Arina Corsei Vultureanu, Romanian Prosecutor

MODERATOR: Bogdan Manolea, ApTI Romania


PRIVACY AND SECURITY IN IOT (INTERNET OF THINGS)

24 OCTOBER 2019


AGENDA:

How is the privacy by design incorporated in IoT products and services? – Dr. Richard Jansen, Freshfields Dusseldorf

Documenting cloud services. Agreements on deleting data. Provisions on preventing data manipulation – Dr. Richard Jansen, Freshfields Dusseldorf

How to Accelerate Digital Transformation with IoT – Mehdi Kamiri, Head of Digital Innovation Hub at GENPACT

How are the business models influenced by the IoT? Which are the new business models triggered by IoT? – Damir Filipovic, Secretary General at AIOTI

MODERATOR: Bogdan Manolea, ApTI Romania


DISCLOSURE OF DATA IN COMMERCIAL TRANSACTIONS:

COMPETITION AND PRIVACY RISKS AND SOLUTIONS

26 SEPTEMBER 2019


Competition concerns regarding disclosure of data in M&A: prior to signing and between signing and closing – Gian Diego Pini, Competition/Antitrust Lawyer at Skadden Arps and Adjunct Professor of Law at Bocconi University

Management challenges in a merger process; negotiation milestones and exchange of information – Gustavo Navarro, Managing Director CRH Romania

GDPR risks and solutions regarding disclosure of data in M&A transactions – Cosmina Simion, Co-Managing Partner Simion & Baciu

Disclosure of data in platform business. Competition risks in platform business – Diana Calciu, Senior Associate, Regulatory Affairs & Competition at GIDE Brussels

Disclosure of data at public events – Gian Diego Pini, Competition/Antitrust Lawyer at Skadden Arps and Adjunct Professor of Law at Bocconi University

MODERATOR: Bogdan Manolea, ApTI Romania


REMOTE EMPLOYMENT, IP AND IT

WORK IN IT: ONE NIGHT STAND OR LONG TERM RELATIONSHIP?

24 JULY 2019


How do company make sure they have full rights over the software created, individually or collectively, by their employees or contractors? – Ana-Maria Baciu, Partner Simion & Baciu

How should remote working be implemented. Work schedule and overtime – Andreea Suciu, Managing Partner of Suciu I The Employment Law Firm

What type of contract should be used to complete IT projects running for a limited period? What should be taken into account in case of the cross-border posting? – Andreea Suciu, Managing Partner of Suciu I The Employment Law Firm

How do companies recruit and engage for long term IT employees? – Simona Șerban, Business Partner Technology eMAG & IT Fashion Days

MODERATOR: Bogdan Manolea, ApTI Romania


LIABILITY OF ROBOTS & ALGORITHMS SPECIAL OBLIGATIONS

20 MAY 2019


Should the robots be granted legal status like corporations? Must the algorithms and data flows be available to users – Julien Debussche, Technology, Media & Telecommunications, Privacy & Data Protection and Intellectual Property Senior Associate, Bird & Bird Brussels

Liability in the field of robotics, in particular as concerns non-military drones and self-driven cars –Andrea Bertolini, Law Professor Scuola Superiore Sant’Anna in Pisa

To what extent protection mechanisms such as copyright, database rights and trade secrets apply to (big) data – Julien Debussche, Technology, Media & Telecommunications, Privacy & Data Protection and Intellectual Property Senior Associate, Bird & Bird Brussels

Cartels: do robots collude? –Miguel Sousa Ferro, Universidade de Lisboa, Law School, Faculty Member and Lawyer

MODERATOR: Bogdan Manolea, ApTI Romania


WHAT MUST A COMPANY DO TO GO DIGITAL?

FROM TRADITIONAL BUSINESS TO DIGITAL PROCESSES

18 APRIL 2019


Operational management decisions to effect digital transformation by digitalizing business processes – Sorin Popescu, VP and Operating Leader for Genpact Europe

HR decisions to ensure smooth transition to digitalization of processes – Andrey Kulikov, HR Value Advisor SAP Germany

Adapting contracts to reflect the digital transformation. Specific liability clauses (especially where data is kept in cloud) – Benoit Van Asbroeck, Partner Bird & Bird Brussels

Regulatory measures to be considered to ensure compliance of the company’s digital transformation process – Iulian Matache, Data Protection Consultant

MODERATOR: Bogdan Manolea, ApTI Romania


WHAT A COMPANY MUST DO IN CASE OF A DATA BREACH

25 MARCH 2019


How does the DPIA under GDPR or the security assessment/audit under NIS Directive help in case of a data breach? Does a cybersecurity certification, such as ISO, protect a company in case of a data breach? – Cătălin Pătrașcu, Cyber Security Program Manager – Secure Works, a Dell Technologies company

How does a company prepare for a personal data breach? Data breach response plan. Measures to be immediately employed after a data breach. – George Drăgușin, Information Security Officer, OTP Bank

Special obligations on the operators of essential services and on the key digital service providers prior and after a data breach. – Tiberiu Anghel, Director of Cyber Security Operations, CyBourn, ex CERT- RO counselor

Legal requirements in case of a data breach: time to notify (e.g. what does “undue delay” mean in real life?), circumstances (e.g. when is the risk considered high in order to notify the individuals?) etc. What are the market practices regarding breach notifications? – Bogdan Manolea, IT law expert

MODERATOR: Bogdan Manolea, ApTI Romania


WORK IN THE DIGITAL AGE: FLEXIBILITY PROMISE AND SECURITY TRAPS

21 FEBRUARY 2019


Enhancing remote work for teams doing their job in the office, on commute (in the plane, restaurant, hotel, airport etc), from home and/or on the field (sales, customer service, managers etc)

1. How to best choose or combine mobility & home work. When and how to select either teleworking or mobility etc. –  Delia Paceagiu, ex-NNDKP employment lawyer, founder Millawnials Law Office

2. Incentives for remote workers. Engagement solutions for retention and efficiency – Florin Tătaru, ex-ENEL HR Director, founder Open Talent

3. OHS challenges and solutions – Daniel Milicescu, founder Eurofin Consult

How to do teleworking properly and remain flexible

1. Implementation of teleworking in employment contracts (defining the place of work, teleworking time quota, cost management, supervision and reporting, schedule set-up etc) – Anca Vătășoiu, ex-NNDKP employment lawyer, founder Anca Vătășoiu Law Office | Your Agile Employment Lawyer

2. Remote working as a benefit. Team work for teleworkers – Florin Tătaru, ex-ENEL HR Director, founder Open Talent

3. OHS compliance when working at the beach/mountain tops, in coffee shops or libraries – Daniel Milicescu, founder Eurofin Consult


COMPANY DIRECTORS' LIABILITY: THIN ICE OR RISK MANAGEMENT

14 DECEMBER 2018


Criminal Liability for Company Acts- Vlad Peligrad, Counsel and Head of Arbitration Practice, Clifford Chance Bucharest

Civil Liability for Company Acts (with focus on employment and data protection law) – Mihai Neacșu, Managing Partner, Neacșu & Associates

Directors’ and managers’ liability in case of an insolvency procedure – Cristian Sava, Insolvency Practitioner

Managing Liability with Insurance: Advantages and Disadvantages – Ștefan Prigoreanu, CEO, Millenium Insurance Broker


CHALLENGES IN THE ON-LINE: COPYRIGHT AND PRIVACY

16 NOVEMBER 2018


EU Copyright reform  – Julia Reda, MEP

Which of the two prevail in on-line: IP or privacy safeguards? – Jose Belo, Technology, IP, Data Protection and Privacy Law Expert, CIPP/E, CIPM – ANDPO

ePrivacy and compliance challenges in on-line (with a special focus upon on-line marketing) – Linda Thielova, Data Privacy Counsel, CIPP/E, CIPM, OneTrust

MODERATOR: Bogdan Manolea, ApTI Romania


THE NEW FACE OF THE E-COMMERCE

27 SEPTEMBER 2018


How is the European Commission’s new proposal of Online Platform Regulation going to affect the business activity of the platforms and of the companies using them? Q&A – Oleg Roibu, Legal Coordinator International Development at eMAG

Enhanced consumer protection in the European Commission’s New Deal for Consumers package. Effects upon the Romanian market. Q&A – Florinel Chiș, Executive Director of the Romanian Association of Online Shops (ARMO)

A level playing-field. Ensuring net neutrality. Sanctioning the abuse of dominance (“Google shopping” decision). Q&A – Florentina Golișteanu, Legal and Policy Coordinator, DG Competition, European Commission

Impact of the Geo-blocking Regulation (EU) 2018/302 on e-commerce. Q&A – Irina Chirițoiu, Director, European Consumer Center Romania

MODERATOR: Bogdan Manolea, ApTI Romania


HR FACING GDPR

21 JUNE 2018


How to meet GDPR requirements when processing employees’ data (including sensitive data such as union membership). What happens to employees’ data processing consents obtained prior to 25 May? Q&A – Assistant Prof. Marta Otto, Faculty of Law and Administration, University of Lodz, Poland

How to deal with employees’ or candidates’ requests for access to data, deletion of data or portability of data. Q&A – Raluca Daneș, Senior Associate with Iordache Partners

HR data (purely organisational data and appraisal data) transfers: needs and solutions (Adequacy Decisions, Model Contract Clauses, Binding Corporate Rules etc.). Q&A – Benoit Van Asbroeck, Data Protection Specialist and  Partner at Bird & Bird, Brussels office

Surveillance and profiling at the work place. Dos and Donts for the employers. Q&A – Prof. Raluca Dimitriu, Labour Law Professor at the Bucharest University of Economic Studies, Law Department

Communication skills tips session – Trainer Alexandru Agarici


GDPR AND ANTITRUST

28 FEBRUARY 2018


Portability right and Antitrust. Q&A – Philipp Werner, Partner, Jones Day Brussels

Micro-advertising based on profiling. How to use legitimate interest legitimately to advertise. Q&A – Gert Maton, Cranium International Holding NV

Challenges for data processors under the GDPR. What are the main obligations? When do the data processors risk being qualified as data controllers? What to take into account when offering international cloud services? Q&A – Dr. Jörg Hladjk, Of Counsel, Cybersecurity, Privacy & Data Protection Practice, Jones Day, Brussels

Challenges triggered by running a data inventory and data mapping or a data protection impact assessment within your company. Real examples and solutions. Q&A – Gert Maton, Cranium International Holding NV


SENSITIVE ANTITRUST ISSUES

15 NOVEMBER 2017


Disclosure of evidence. Amnesty/leniency applications.Q&A – Josh Holmes QC

Passing-on Defence. Implications. Q&A – Efthymios Bourtzalas

Joint and several liability. Q&A – Charlotte Breuvart

The State aid implications of arbitration decisions – Efthymios Bourtzalas

Exchange and disclosure of sensitive information in the context of vertical agreements (intermediaries included): Dos and Donts. Q&A – Charlotte Breuvart

Practical considerations on vertical restrictions in online commerce (exclusivity, non-compete and most favored nation clauses); selective distribution and refusal to supply. Q&A – Josh Holmes QC


BEST PRACTICES IN EMPLOYEE ENGAGEMENTAND LABOUR LAW ISSUES

11 OCTOBER 2017


Best practices for increasing employee engagement. Q&A – Adrian Cojocaru, ex-EBRD HR Managing Director

What happens after employee engagement evaluation – best practices in action planning implementation. Q&A – Codruța Ilie, HR Expert

Sensitive practical issues in connection to disciplinary termination of employment. Impact upon the employment agreements in the context of digitalization. Q&A – Prof. Raluca Dimitriu, Bucharest University of Economic Studies, Law Department

Practical solutions under the law to increase working time flexibility. Q&A – Prof. Raluca Dimitriu, Bucharest University of Economic Studies, Law Department

How is innovation incentivized and error sanctioned in (Romanian) corporations? Improvement opportunities. Q&A – Codruța Ilie, HR Expert

Best practices and lessons learnt from international organizations and multinational corporations on fostering creativity and stimulating innovation. Q&A – Adrian Cojocaru, ex-EBRD HR Managing Director

Mini workshops: 

New trends in HR – Adrian Cojocaru & Codruța Ilie

Debate and persuasion technics – Alexandru Agarici, Speech eloquence trainer


ARE YOU READY FOR GDPR?

14 SEPTEMBER 2017


Basis for processing data (including expression of consent). Practical examples. Q&A. – Luís Neto Galvão, Expert for the Council of Europe (CoE) in the field of Data Privacy & Protection, Partner of SRS Advogados in the TMT Group

Right to be forgotten by reference to storage/archiving legal obligations. Portability of data, including of sensitive data. Practical examples. Q&A. – Simona Șandru, Head of the Complaints’ Department at the National Supervisory Authority for Personal Data Processing

Data mapping. Data protection impact assessment (DPIA). When is a DPIA mandatory. Practical examples. Q&A. – Bart van Buitenen, DPO, trainer at the Data Protection Institute based in Belgium

Automated individual decision (including „profiling”). Restrictions. Practical examples. Q&A. – Simona Șandru, Head of the Complaints’ Department at the National Supervisory Authority for Personal Data Processing

Security breaches. Record of breaches. Reporting. Time to report. Practical examples. Q&A. – Cristian Driga, Senior counselor at CERT-RO

Particular aspects to be included in the agreement between the data controller and data processor. Cloud computing (including the liability of cloud services provider for illegal content). Practical examples and references to CJEU case-law. Q&A. – Luís Neto Galvão, Expert for the Council of Europe (CoE) in the field of Data Privacy & Protection, Partner of SRS Advogados in the TMT Group

Update on the rules regarding transborder data flows. Q&A. – Luís Neto Galvão, Expert for the Council of Europe (CoE) in the field of Data Privacy & Protection, Partner of SRS Advogados in the TMT Group

How to prevent security breaches and what measures to be immediately undertaken after a security breach occurs. Practical examples. Q&A. – Cătălin Patrașcu, Head of Information Security and Monitoring Department of CERT-RO

What does the Data Protection Officer do? When is its appointment mandatory? Record of processing activities. Liability of the DPO and the liability of the appointing company in case of breach of GDPR obligations. Practical examples. Q&A. – Bart van Buitenen, DPO, trainer at the Data Protection Institute based in Belgium


BID EXCLUSION RISKS IN PUBLIC PROCEDURES.

WITH FOCUS ON COMPETITION AND NEW DATA PROTECTION RULES

RELATED BREACHES

11 APRIL 2017


Opening Speech – Silviu – Cristian Popa, President of the National Council for Solving Complaints

Bid exclusions based on poor past performance and grave professional misconduct, with a focus on the breach of competition rules (excluding bid rigging). Self-cleaning. Competition and public procurement risks in case the bidder participated to the drafting of the award documentation. Practical examples; references to the case-law of CJEU – Peter Trepte, practising barrister with Littleton Chambers in London and of Counsel to Grayston & Company in Brussels, senior fellow in Public Procurement Law at the University of Nottingham and head of the unit on Corruption and Public Procurement

Competition implications with respect to bid rigging and creation of consortia (including exchange of sensitive information) in public procurement procedures. Practical examples; references to the case-law of CJEU – Aris Georgopoulos, Assistant Professor in European and Public Law at the School of Law of the University of Nottingham, member of the Athens Bar, registered at the Athens Court of Appeal and Head of the Research Unit for Strategic and Defence Procurement of the Public Procurement Research Group (PPRG)

Effects of the new Data Protection Regulation on public procurement procedures. Practical examples. – Roger Bickerstaff, internationally regarded Tech and public procurement lawyer, Partner with Bird&Bird London, part time lecturer in procurement law matters at Nottingham and Rome universities.


Bucharest Public Procurement Conference on the Most Sensitive Practical Issues under the New EU Public Procurement Directives Transposed into the Romanian legislation in May 2016

26 JANUARY 2017


Recent CJEU case law on public procurement award procedures – Sue Arrowsmith, Achilles Professor of Public Procurement Law and Policy at the University of Nottingham, Director of the Public Procurement Research Group and of the postgraduate Executive programme in Public Procurement Law and Policy (LLM/Diploma/Certificate)

– exclusions (for non-payment of tax, poor past performance etc.)

– selection criteria (financial, technical etc.)

– award criteria, including disclosure of sub-criteria and methodology

– use of third parties (sub-contractors etc.)

Reliance on other entities’ capabilities – Sue Arrowsmith, Achilles Professor of Public Procurement Law and Policy at the University of Nottingham, Director of the Public Procurement Research Group and of the postgraduate Executive programme in Public Procurement Law and Policy (LLM/Diploma/Certificate)

– what to consider when deciding to rely on other entities capabilities

– how to best choose whether to enter an association / consortium agreement, third party support agreement or sub-contracting agreement in order to comply with bid requirements

– consequences for the performance of the contract

– right of the contracting authority to limit the reliance on other entities’ capabilities

Framework agreements under the EU Public Procurement Directives under the new legislation – Virginie Dor, public procurement lawyer

– setting up a framework agreement

– operating a framework agreement

– how different are the public sector and utilities rules on framework agreements

Changes to public procurement contracts – Virginie Dor, public procurement lawyer

– possibilities and constraints to change the public procurement contract prior and after signature under the new EU Public Procurement Directives