Overview
Charles Helleputte heads the EU cybersecurity, data, and privacy practice at Steptoe. Charles focuses on existing EU and national cybersecurity, data and privacy laws such as the NIS Directive, GDPR or the Cybersecurity Act and on upcoming developments such as the ePrivacy Regulation or the Digital Services Act.
He has specific experience preparing and managing incidents in a cross-border context, where it is necessary to consider multiple cybersecurity, privacy, and other regulatory and enforcement frameworks. He provides practical and pragmatic advice to clients faced with increased accountability requirements towards users, helping organizations testing new responses, such as broader use of standards or certification mechanisms across the data lifecycle in a wide range of industries (regulated and not regulated). He is also experienced in representing clients before national and EU supervisory authorities and courts, including the Working Party No. 29 (now the European Data Protection Board).
Charles holds a Certified Information Privacy Professional/Europe (CIPP/E) certification. He is the co-chair of the Brussels KnowledgeNet Chapter of the International Association of Privacy Professionals (IAPP) and an appointed Legal Expert at ENISA, the European Union Cybersecurity Agency. He plays an active role in the Digital Economy Committee at AmCham EU, which represents interests of American businesses in Europe.
Representative Publications
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"EU to Keep Its Ability to Sanction Foreign Cyber Attackers for One More Year," Legal Update, May 20, 2020
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"Undoing and Redoing Is Still Working (but Scrolling Down and Swiping Through Is Not Consenting)," May 7, 2020
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"Financial Stability Board Proposes Cyber Incident Response and Recovery Best Practices," Legal Update, May 4, 2020
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"EU Positions on Contact Tracing Applications During COVID-19: No Lockdown for Privacy & Cybersecurity," April 28, 2020
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"Data Protection Rules (Such as the GDPR) Do Not Hinder Measures Taken in the Fight Against the COVID-19 Pandemic," April 22, 2020
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"Advancing Software Security in the EU – The Role of the EU Cybersecurity Certification Framework: ENISA Puts Another Brick Towards a Wall of Cybersecurity Certification Schemes," April 21, 2020
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"Irish Data Protection Commission (DPC) Report on the Use of Cookies – No Need to Digest It All; We Serve Up the Tastiest Morsels," April 10, 2020
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"No One Is Perfect … Not Even the GDPR — #TellTheEUWhy," April 6, 2020
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"Sharing geolocation data during the COVID-19 pandemic in Europe," Legal Update, April 2, 2020
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"The European Commission proposes the creation of a single European data space," Legal Update, March 30, 2020
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"Managing Cybersecurity and Privacy Risks Through COVID-19," March 23, 2020
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"EU Commission Publishes Its White Paper on Artificial Intelligence: Will the EU Be (Again) a Rule Maker?," February 19, 2020
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"10 Commandments for Processing Personal Data Through Video Devices in the EU," February 12, 2020
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"EDPB Issues Draft Guidelines on Processing Personal Data for Connected Vehicles," February 7, 2020
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"Cookies Consent: CNIL Steps in with a Proposal for Compliance," January 14, 2020
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"A Proposal for a European Cybersecurity Taxonomy—The End of the Tower of Babel?," Legal Update, December 9, 2019
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"EU Cybersecurity Act Published," June 7, 2019
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"The GDPR: One Year On," Legal Update, May 24, 2019
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"Foreign Cyber Attackers to Face EU Sanctions," Legal Update, May 22, 2019
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"Using Performance of a Contract as a Legal Basis for Processing in the context of Online Services," Legal Update, May 2, 2019
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"One Size Does Not Fit All: EU Commission Recommendations on Cybersecurity in the Energy Sector," April 16, 2019
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"EU Cyber Threat Landscape and Outlook: What You Should Know about the ENISA 2018 Report," Legal Update, February 6, 2019
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"Free Flow of Personal Data Between the European Union and Japan Starts Now," January 23, 2019
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"Keeping It Private: GDPR and Developments in Data Privacy in 2018," January 14, 2019
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"EU-US Privacy Shield Undergoes Second Review by EU Commission and (Re)Passes the Test—For Certifying Companies, Santa Has Come to Town," Legal Update, December 26, 2018
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"The EU Cybersecurity Act is (Almost) There," Legal Update, December 12, 2018
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"EDPB's new draft guidelines on the territorial scope of the GDPR," Legal Update, December 2018
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"5 Considerations for General Counsel Regarding the EU General Data Protection Regulation," October 30, 2018
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"How Many Stars Does France Deserve on Its GDPR Jersey? The French Umpire Makes Its Call," September 28, 2018
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"The GDPR Patchwork: What Does Italian Style Bring to the Show?," September 21, 2018
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"The Clock Is Ticking: Negotiating an Enhanced EU Cybersecurity Framework," September 14, 2018
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"5 Lessons Learned on Data Breach Management after 2 Months of GDPR: Friday Is Calling," Legal Update, July 25, 2018
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"ePrivacy Regulation: What to Expect (and When) or Why Does It Take Two (or Even Three) to Tango?," Legal Update, June 22, 2018
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"Toward an Enhanced EU Cybersecurity Framework: Political Agreement Reached on EU Cybersecurity Act," Legal Update, June 11, 2018
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"GDPR: European Data Protection Board Adopts Final Guidelines on Derogations Under Art. 49 and Draft Guidelines on Certification Under Art. 42," Legal Update, June 5, 2018
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"The GDPR: The Changes that Will Affect Your Business," Legal Update, May 25, 2018
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"GDPR Is (Almost) Here: What Does It Mean for Recruitment and Headhunting Companies?," Legal Update, April 16, 2018
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"Exporting the EU Privacy Regime Through Trade Instruments?," Legal Update, March 19, 2018
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"Electronic Discovery & Information Governance - Tip of the Month: Impact of New EU Privacy Law on US E-Commerce Businesses," February 27, 2018
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"How Will the GDPR Impact E-Commerce Businesses?," Legal Update, February 9, 2018
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"New Draft Consent Guidelines under the GDPR: What You Need to Know," Legal Update, December 15, 2017
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"EU Commission: Privacy Shield Framework Adequate but More Can Be Done," Legal Update, October 20, 2017
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"Data Breach Notification Requirements Coming from EU Expand Obligations for Organizations Worldwide," Legal Update, September 21, 2017
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"EU Data Protection Authorities Issue Draft Guidance on When Data Protection Impact Assessments Are Required under New GDPR," Legal Update, April 20, 2017
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"Electronic Discovery & Information Governance - Tip of the Month: Preparing to Comply with the EU General Data Protection Regulation," March 7, 2017
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"WP29 Guidance on GDPR Implementation Issued - Have Your Say," In Brief, December 16, 2016
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"A new EU framework on cybersecurity: the Network and Information Security Directive," Legal Update, July 26, 2016
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"Privacy Shield is Here. Now What?," Legal Update, July 15, 2016
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"Recent Developments Regarding the New EU-US Privacy Shield Framework," Legal Update, March 8, 2016
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"EU and US agree scheme to replace Safe Harbor: EU-US Privacy Shield," Legal Update, February 3, 2016
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"Redefining Data Protection? Court of Justice of the European Union Strikes Down the Commissions “Safe Harbor” Decision," October 8, 2015
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"Court of Justice of the European Union holds that 'Safe Harbor' decision of European Commission is invalid," Legal Update, October 6, 2015
- Brussels Bar (French)
- MA, Solvay Business School, Brussels, cum laude, Master in Tax Management
- J.D. and LL.M., Université Catholique de Louvain, cum laude, Licencié en Droit
- B.A., Facultés Universitaires Saint-Louis, Candidat en Droit
Areas of Work
Representative Matters
Cybersecurity and Data Privacy
- Represented a major insurance group in its integration of EU operations from a cybersecurity and data privacy point of view.*
- Assisted a regulated institution in the management, follow up and remediation of a data breach. The representation includes dealing with cross-border regulatory context.*
- Counselled a chemical manufacturer in the privacy aspects of the deployment of a whistleblowing hotline solution.*
- Advised on a pro bono basis the Red Cross EU Office, the European Council on Refugees and Exiles, Medair, and the International Lesbian, Gay, Trans & Intersex Association in the review of their data mapping, legal basis for processing, privacy notices, privacy policies and in their vendor remediation exercise.*
- Represented clients in the cybersecurity and data privacy aspects of due diligence, SPA negotiation and integration.*
- Counselled a Chinese financial institution in relation to the technical standards, organizational measures and incident reporting under the PSD2 and the interplay with GDPR and national laws implementing the NIS Directive.*
- Assisted US B2B marketing companies, email service providers, payment services providers, actor of the entertainment industry in assessing the impact of GDPR on their operations.*
- Represented a hospitality client in the management of a high-profile data breach taking place at the level of its booking platform.*
- Counselled an international financial service institution in designing and implementing a cloud-based SaaS monitoring tool aiming to protect the integrity of its systems and networks.*
- Advised the United Nations regarding international legal issues related to e-evidence and processing of personal data for law enforcement purposes.*
- Represented an Italian brand of shoes and clothing in its GDPR readiness exercise and in navigating the changes of the CCTV legislation post GDPR in multiple countries.*
- Assisted a global company providing payment solutions for e-commerce app in assessing its role (data controller/data processor) and related requirements under GDPR.*
- Advised clients in a number of industries such as financial, marketing, insurance, in the drafting and negotiation of Art. 28 GDPR data processing agreements, representing both controllers and processors.*
- Represented a leading supplier of automotive parts in dealing with the data privacy aspects of its global HR management and operations. The representation includes the assessment of the role of various group entities and in analyzing appropriate data transfer mechanisms to support the exchange of data necessary for staff appraisal.*
- Developed a structured approach to GDPR compliance for several trade associations in multiple EU countries.*
- Contributed to the HTNG Working Group on GDPR. The outcome is a White Paper and Self-Assessment Tool adopted in March 2018. The White Paper describes key considerations of GDPR for the hospitality industry. The Assessment Tool aims to help professionals in the industry to evaluate their company's ability to comply with the new regulation. Over 50 companies (from hotel brands, to software companies) participated in HTNG's GDPR for Hospitality Workgroup.*
- Part of the team who represented Nestlé S.A. its agreement to acquire privately-held Atrium Innovations, a Montreal-based global leader in nutritional health products, from a group of investors for $2.3 billion.*
- Represented a US financial group active in the credit card business in its negotiations with a payment network in France. The representation includes negotiations with the French DPA.*
- Represented booking platforms in their challenge in front of the Working Party No. 29 of a new standard developed by the travel industry.*
- Assisted a European actor in infusion therapy and clinical nutrition in dealing with the Belgian aspects of the acquisition of a US-headquartered group active in transfusion technology products for blood collection, separation and processing.*
Transactions
- Represented a French bank in its $800 million ICO monetization transaction with a Brazilian credit institution.*
- Represented a French-listed company and its subsidiaries in the context of a $600 million term loan with a pool of Asian lenders used to refinance existing indebtedness.*
- Advised the Brussels branch of the Bank of China (Luxembourg) SA on a €31 million bridge loan facility.*
- Assisted a client in the hospitality sector in the negotiation of the disposal of one of its assets to public authorities, as part of the redeployment of the Heysel plateau (Neo project).*
- Part of a four-office, five-practice team who advised a French investment fund in the acquisition of a 85 hotels portfolio belonging to a major hospitality actor and other real estate investment funds.*
- Represented an international bank in a $370 million margin financing for a Brazilian credit institution.*
- Represented Solvay SA and its affiliates in the $220 million acquisition of the global Ryton polyphenylene sulfide (PPS) business of Chevron Phillips Chemical Company LP.*
- Represented a French bank in the refinancing of an hotel portfolio a private equity fund owned in Belgium.*
- Assisted a global healthcare company to restructure its Belgian activities, in particular, to structure and negotiate an acceleration of the immovable lease on the former European HQ of an acquired business.*
- Advised a group in the hospitality sector in its acquisition and financing of a five hotels portfolio in Belgium.*
- Represented the Belgian subsidiary of a European toy group, headquartered in France in a combined equivalent €160 million acquisition, revolving and CAPEX facilities agreements.*
- Represented the Belgian subsidiary of a European property management group to access combined €485 million facilities agreements.*
- Assisted a Belgian software company in the negotiation of the assignment of a VAT leasing and related aspects on a 7,000 square meter building where it will relocate its headquarters.*
- Assisting one of the largest Brazilian chemical companies in the tax structuring and contractual implementation of the Only Representative activities (in the context of the REACH regulation).*
- Advised a French telecommunications group in the corporate and tax aspects of the restructuring of €3 billion facility arrangement.*
- Advised and assisted the Belgian branch of a Japanese credit institution in launching a new Swap activity in more than twenty countries.*
- €208 million securitization of consumer credit loan receivables for a Dutch bank with branches in Belgium and Germany.*
- Pan-European structuring and organization of operations of a $500 million feeder fund.*
*Matters handled at prior firm.
Speaking Engagements
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"Data as a (New) Core Company Asset to Protect: Who's Who?," UCLouvain Cybersecurity Month Seminars, October 29, 2020
- "A Fireside Chat with Commissioner Didier Reynders on Europe's Digital Future - Where Does Privacy Stand?," IAPP Brussels KnowledgeNet Chapter Meeting, Brussels, Belgium, October 27, 2020
- "Cybersecurity as a key European Policy: Right or Wrong?," Louvain-La-Neuve University Online Courses, October 22, 2020
- "Workshop: Cybersecurity & Pharma: Patient Data, Public Perception & Preventing Attacks," EU Pharma Law Academy, September 24, 2020
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"GDPR Second Year Anniversary Quiz," International Association of Privacy Professionals, May 25, 2020
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"Is Certification the Future of Privacy? Yes, No, Maybe?," International Association of Privacy Professionals Brussels KnowledgeNet Chapter, February 3, 2020
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"Celebrate Data Privacy Day 2020," International Association of Privacy Professionals Brussels KnowledgeNet Chapter, January 28, 2020
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"University of Louvain Debate: Would You Trade Privacy Rights Against Data Security? Is There A (Healthy) Cyber Balance?," University of Louvain, Louvain, Belgium, October 31, 2019
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"WWW (or What we Want for your Website)," European Pro Bono Alliance, October 25, 2019
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"Cybersecurity & Pharma: Patient Data, Public Perception & Preventing Attacks," European Pharma Law Academy, Cambridge, United Kingdom, September 9-12, 2019
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"GDPR After GDPR Day: Which Rating Does it Deserve?," Data Protection Forum Association of Consumer Credit Information Suppliers, Brussels, Belgium, March 13, 2019
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"The Impact of GDPR on Clinical Trials," Patient Engagement Through Education (EUPATI) Webinar, October 29, 2018
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"GDPR & Data Breaches Management: 5 Lessons Learned," European Conference of Hotel Technology Next Generation (HTNG), Lisbon, Portugal, October 23-24, 2018
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"Public Affairs Post-GDPR: What You Need to Know," Public Affairs Council Webinar, June 12, 2018
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"GDPR Workshop – GDPR is There: Are you Ready?," European Council of Optometry and Optics Annual General Assembly, Pula, Croatia, May 30, 2018
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"GDPR Workshop – GDPR is Coming: Are you Ready?," European Council of Optometry and Optics, May 11, 2018
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"General Data Protection Regulation and NGOs: Are you Ready?," Advocates for International Development, April 24, 2018
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"GDPR Breakfast Session," United Network of Interventional Corporate Events Organizers, March 30, 2018
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"Skills Development Program," European Public Affairs Consultancies' Association (EPACA), March 26, 2018
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"General Data Protection Regulation," Association of Mutual Insurers and Insurance Cooperatives in Europe (AMICE), Brussels, Belgium, March 21, 2018
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"Legal Perspectives," Humentum Legal Roundtable Covering Trending Cyber & Data Issues, Washington, DC, March 8, 2018
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"Hospitality: are you ready for GDPR," Hospitality Technology Next Generation (HTNG) Annual European Conference, Prague, Czechia, November 8, 2017
News & Publications
Client Alerts
How to Protect the Internet of Things’ Supply Chain? Map and Act: ENISA is out with Guidelines
November 18, 2020
By: Charles-Albert Helleputte, Diletta De Cicco, Yas Froemel
Client Alerts
The 5 Things We Like - and the 5 We Do Not - in the EDPB Post-Schrems II Recommendations
November 12, 2020
Client Alerts
How Does the EU Sanction Regime Impact the Ability to Pay Cyber Hackers?
November 10, 2020
By: Charles-Albert Helleputte, Simon Hirsbrunner, Guy Soussan, Diletta De Cicco, Yas Froemel
Media Mentions
IAPP Quotes Charles Helleputte on New Collective Action Ability in Belgium
October 29, 2020
Client Alerts
The How, Who and Why of Cyber Attacks In 2019/2020: Part 1 – Know Your Enemies
October 26, 2020
By: Charles-Albert Helleputte, Diletta De Cicco, Yas Froemel
Client Alerts
US DOE and NIST Partner to Improve Cybersecurity in Energy, Maritime Transportation Industries
October 22, 2020
By: Jeffrey G. Weiss, Charles-Albert Helleputte, Diletta De Cicco
Press Releases
Steptoe Launches Financial Services University
October 21, 2020
Client Alerts
Five Key Takeaways from OFAC and FinCEN's Ransomware Advisories
October 20, 2020
By: Edward J. Krauland, Meredith Rathbone, Charles-Albert Helleputte, Michael Vatis, Jack R. Hayes, Evan T. Abrams
Client Alerts
CNIL Guidelines and Recommendations for Cookies' Compliance are Now there to Stay
October 5, 2020
Client Alerts
October 1, 2020
By: Alan Cohn, Charles-Albert Helleputte, Diletta De Cicco, Simon Hirsbrunner, Jean Russotto, Algirdas Semeta, Guy Soussan, Stefan Tsakanakis, Jason M. Weinstein
Resources
Noteworthy
- Client Choice Award, IP & IT, Belgium (2019)
Professional Affiliations
- Member, International Association of Privacy Professionals (IAPP) and co-chair of its Brussels KnowledgeNet Chapter
- Legal Expert, ENISA, the European Union Cybersecurity Agency
- Member, American Chamber in Europe (AmCham), EU chapter