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Michelle Wijnant

Michelle Wijnant

Attorney at law

IT, Privacy & Cybersecurity

Michelle provides advice to a variety of organisations in the fields of IT, privacy and cybersecurity, and supports entrepreneurs in trademark law matters. She specialises in compliance and compliance processes, and acts as a regular sounding board and advisor for several DPOs and CISOs.

A reliable, client-oriented professional, Michelle has a unique capacity for handling the most complex legal matters with patience and a dash of humour. She readily adapts her work and communication style to suit her clients and their target audience.

Education

Michelle completed her Bachelor of Laws (LLB) at Radboud University Nijmegen. She went on to successfully complete the English-language Master’s in Law and Technology at Tilburg University in 2016, specialising in privacy legislation and regulation. During her career, Michelle has continued to specialise in privacy and cybersecurity, completing the specialist training for senior IT lawyers in 2018 and obtaining a number of privacy and cybersecurity certificates (specifically, CISM, CIPP/E, CIPM and CIPT).

Career

Michelle commenced her legal career in 2016 as a legal advisor at a legal consultancy specialising in IT law. The experience she accrued in this role enabled her development to become a senior legal advisor and trainer/course leader. She then went on to work as a privacy and information security coordinator for two government ministries. Michelle joined De Clercq as an attorney in June 2021.

Michelle’s daily practice

On a daily basis, Michelle provides advice and support to administrators, directors, DPOs and CISOs on matters relating to privacy and cybersecurity. Her work includes tasks such as setting up the necessary organisation and documentation, conducting negotiations, providing training, advising on complex matters, and performing risk analyses. Michelle also supports and advises a variety of entrepreneurs in matters such as applying for trademark registrations and monitoring these, and any procedures necessary. She works for both public/semi-public organisations and national and international commercial organisations.

Selected cases

Performing risk assessments and written safeguards relating to IT migration

A client’s IT environment was to be migrated to the Cloud environment of a Cloud provider with a U.S. parent company. To this end, the necessary risk analyses (DPIA and DTIA) were performed, the required contracts were negotiated, and the following-up of the improvement measures was monitored.

Negotiation and documentation for a partnership

The client was to participate in a partnership between public and non-public organisations for which the necessary documentation was drafted (contracts, privacy and cookie statements and consent declarations). All of the parties were able to agree with these, and the client’s interests were effectively represented.

Conducting DPIA for healthcare systems

The client’s healthcare system was to undergo further development. To this end, advice was provided from the Privacy and Security by Design perspective, and a DPIA was performed. The development and follow-up of the advice and the necessary improvement measures were monitored, and adjusted where necessary.

Development of a national privacy strategy

The client’s privacy organisation needed to be further professionalised and expanded. Advice was provided with respect to this, functions were proposed and the necessary policies, procedures and documents were drafted and put in place.

Preparation for certification

The client’s organisation needed to be prepared for NEN certification. Support was provided in identifying the organisation’s current status, drafting a gap analysis, and implementing necessary improvement measures.

Stay up to date

The latest developments

IT, Privacy & Cybersecurity

ICT Projects Part 11: Outsourcing IT

28 April 2025

Outsourcing is still hot. A recent study shows that the Dutch IT outsourcing market will continue to grow. Nearly half of the respondents indicate that they will outsource at a higher pace in the next two years. This is currently the highest level in Europe. Plans to insource have halved, from 16% to 8%. The financial services sector predicts the most outsourcing growth: 64% of organizations plan to outsource more. The main reasons for outsourcing are: focusing on core activities, reducing IT costs, and improving IT support. By outsourcing, you can focus on what you are strong at and transfer supporting tasks, such as IT, to parties that are strong in those areas and have scale. Due to that scale, these parties can deliver more quality at lower costs. However, there are also companies that hesitate or want to slow down. This hesitation is understandable. IT outsourcing remains complex, also from a legal perspective.

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IT, Privacy & Cybersecurity

How to Protect Personal Data When Using Blockchain

28 April 2025

The roots of modern privacy law lie in the 1970s when it became clear how easily computer systems could store and process large amounts of data. The General Data Protection Regulation (GDPR) is intentionally technology-neutral. New technologies should, in principle, be able to fit within these existing legal frameworks. However, blockchain presents us with challenges. On the one hand, it offers a new and interesting data processing model where individuals have more control over their personal data. On the other hand, some of its unique characteristics seem difficult to reconcile with the core principles of privacy law. My colleague Jeroen van Helden wrote an interesting chapter about this in the KNVI bundle "Multidisciplinary Aspects of Blockchain".

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IT, Privacy & Cybersecurity

ICT Projects part 9: the Data Processing Agreement

1 April 2025

There is hardly any IT project imaginable where personal data is not processed. When personal data is processed, both the controller and the processor are required under Article 28 of the GDPR to draw up a data processing agreement. Compliance with this legal obligation is important, if only because the mere fact that no data processing agreement has been concluded can lead to a fine from the Data Protection Authority. When are you a 'controller' or 'processor' and what requirements are imposed on a data processing agreement?

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