reading

About the author:

Jana Moser is a privacy and innovation expert. She also coaches data privacy officers and companies on their data and IT projects.

Previously, when she was an attorney, she answered questions concerning data protection and privacy. She was also Head of Data Innovation at Axel Springer SE, where she led a group-wide data strategy project, with a focus on business and strategy.

Starting in 2007, Jana Moser worked as a knowledge architect, at KnowledgeTool International GmbH in Berlin. Before this, she was the legal counsel and privacy officer at studiVZ, a former, popular, German social network. From 2011 on, she worked as the in-house, legal counsel at Axel Springer SE for more than 2 years, after which she became an investment manager for 1.5 years. As legal counsel, she gave advice in particular concerning IT law, data protection, and various online web and mobile services. In addition to this, she supported a digital product portfolio ranging from data protection laws, to new digital innovations, as well as concepts such as bitcoin and blockchain.

From 2008-2010 Jana Moser wrote her doctoral thesis on “Browser Games and Client-Based Online Games – The Contractual Relationship Between Provider and User” at the European University of Viadrina in Frankfurt (Oder).

ISBN numbers:

978-3-7482-3254-4 (Paperback)

978-3-7482-3256-8 (e-Book)

This book was originally published in German and translated by inlingua Sprachschule Dresden GmbH & Co. KG, Germany.

Dresden, Germany, February 2019

Contents

1 Introduction

2 Passion

3 The Client

3.1 The business model

3.2 The knowledge

3.3 The language

4 Your creativity

4.1 Finding solutions

4.2 Creative in scheduling

4.3 Working remotely

4.4 Preparing documentation

5 Human factor

5.1 The planning client / well-planned projects

5.2 The motivated client / high-risk projects

5.3 (Un)equal treatment

6 The organizational factor

6.1 Small businesses and agile projects

6.2 Large businesses and rigid rules

6.3 Bodies and corporate policy

7 Your function

7.1 The data privacy lawyer

7.2 The data privacy officer

7.3 The project member

8 The formalities

8.1 Statutory requirements of commissioning

8.2 Policy in commissioning

9 The data protection organization

9.1 The lone fighter

9.2 Cooperation

9.3 Recommendations for cooperation

9.4 Data privacy officer – internal or external

10 Positioning within the company

10.1 Data protection as a stumbling block

10.2 Data protection as a partner

10.3 Data protection as law

11 Final advice

Summary of 52 tips

List of tables, check lists and lists of questions

Index

"A data privacy expert will only be "successful" in the sense of "protecting data" if passion and fun guide him on the way to find practiceoriented solutions for and with his customers."

Introduction

"You are on the dark side of power now."

It was the direct comment by several persons I talked to when I decided to change from an internal data privacy officer to a "pure" corporate legal advisor. It was not just any corporation but the publishing house that was about to become Europe’s leading digital publisher, and in this context also increasingly process data. In my new job I had to optimally assist my employer in this very endeavor. To this end I had to find practicable solutions for data protection. Without data flow neither products nor processes will become digital after all.

The comment on my job change arose from a faulty assessment which becomes apparent when realizing that compliance with data protection regulations does not primarily depend on what a company has to offer but the consulting on data protection. Consultancy on data protection will only be good, pleasant and finally sustainable for all parties involved if it incorporates and can accommodate all interests and rights.

TIP 1: A data privacy expert will only be "successful" in the sense of "protecting data" if guided by passion and fun on the way to find practice-oriented solutions for and together with customers.

For one thing, it is necessary to consider the technical components the understanding of which being not only fascinating but even fundamental for the assessment in terms of data protection. For another thing, the economic and human components are crucial. Only if you recognize and consider them, too, you will be good at your job as a privacy consultant.

In this book I would like to give an account of my experiences and offer tips on how to work as a data privacy lawyer, data privacy officer or data privacy consultant in order to achieve the greatest effect, in my opinion, for the benefit of data protection, and last but not least, for the benefit of your client.

My focus is on advising companies rather than data subjects whose personal data are processed. When speaking of client or customer it always refers to the party employing you, no matter whether you are a lawyer or an employee who is to/may do the data protection job for his/her employer.

Details of specialized subjects and legal foundations have deliberately been ignored herein. You are given practical advice on the approach and argumentation that have turned out effective for me. I mainly touch upon the necessary knowledge, the practices of a data privacy expert and the organization, in particular the cooperation in the area of data protection. To this end, I compiled summaries, assessment tools, check lists, examples and useful tips.

You have picked up the right book if

• you are about to think whether to switch to privacy consulting and are looking for tips on how to approach in consulting;

• you are a data privacy expert already and want to gather some of my experience, or

• you want to build a data protection organization and are looking for some ideas and the pros and cons of it.

I would be glad if you liked my book. Do not hesitate to contact me if you have some more ideas, tips or suggestions in this respect.

Enjoy reading!

Yours faithfully,

Dr. Jana Moser