Joost can offer assistance in the following areas:
- The preparation, assessment and negotiation of ICT contracts, including licensing, implementation and automation contracts and SLAs
- Privacy & Dutch Personal Data Protection Act
- Privacy & General Data Protection Regulation
- Drafting of processor agreements
- Drafting of privacy statements
- Guidance concerning data breach notification
- E-commerce & webshops
Recent cases handled by Joost
Ensuring compliance with General Data Protection Regulation
Together with Thijs van Liempd, Joost has assisted a company with the implementation of various obligations under the General Data Protection Regulation, which will enter into force on 25 May 2018. Inter alia, they have drawn up a register of processing activities, processor agreements, and privacy statements. In addition, they have drafted the policy concerning the processing of personal staff data.
Failed ICT project
Joost recently assisted a transportation company during proceedings against an ERP software supplier. The software was delivered far beyond the deadline, and failed to meet agreed performance standards. Joost dissolved the agreement on behalf of the client, and successfully held the supplier liable for the damage suffered.
Lost patient data
Joost's clients include a supplier of information systems for the healthcare sector. A user of the software supplied by this client suffered damages due to the loss of his data, which included crucial patient information. The user held the client liable for the damage and initiated proceedings with the Foundation for the Settlement of Automation Disputes (SGOA). Joost managed to resolve the proceedings in his client's favour, partly by convincing the mediators that the damage was caused by external hardware rather than the client's software.
Strategic transition towards ICT structure
Joost supervised a housing sector association during their transition to a new ICT infrastructure. He conducted an internal due diligence investigation during phase 1. This involved an effort to take stock of agreements with the current ICT suppliers, and determine how these agreements could be terminated or transferred to successive parties. Phase 2 saw Joost advise the foundation during the preparation and negotiation of new agreements and service level agreements (SLAs) with subsequent ICT suppliers.
'Our working relationship with Joost is characterised by his ability to see things from our perspective and his to-the-point advice. He can read up on all the available documentation in no time, and has no problem putting himself in both our position and that of our counterparty. He then offers clear and concrete recommendations that reflect his thorough professional knowledge. Depending on our wishes, this advice is then offered in the form of an oral explanation or ready-to-use written document.
Paul Peeters, Axi
'Our working relationship with Joost Mosselman is characterised by his commitment and relevant ready knowledge of the issues. His expertise really shines through in the documentation and his explanations during the proceedings. The accuracy of his analyses and estimation of the feasibility of proceedings also stood out. Joost assisted me during a conflict with a business relation, who was illegitimately and unilaterally attempting to terminate a contract. He has a functional, effective approach and is passionate about his work.'
Anton F.C. Schippers, Kraan Bouwcomputing B.V.
- Specialised Computer Law programme at the Grotius Academy/VIRA
- KNVB Discipllinary Committee District West
- Netherlands Association of Computer Lawyers (VIRA)
- Association for Privacy Law (VPR)