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Who is the Data Processor (DP) and what are its responsibilities under the General Data Protection Regulation

The data processor (DP) is an entity that processes personal data for the account, on instruction and under the authority of the Data Controller (DC)-other than the employee of the DC. This enity can be a natural or legal person, public authority, agency or another body. Art. 4 (8) GDPR process Personal Data (PD) on behalf of the Data Controller (DC).…

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Who is the Data Controller (DC) and what are its responsibilities under the General Data Protection Regulation

The Data Controller (“DC”) is the person who, alone or jointly, determines the purpose and means of the processing of personal data; in other words, is the person who decides why other’s personal data is processed and how it would be processed. Art. 4 (7) GDPR determines the purpose and means of the processing of Personal Data (PD).…

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Rights of Data Subjects under the GDPR

The Data Controller (“DC”) is the person who, alone or jointly, determines the purpose and means of the processing of personal data; in other words, is the person who decides why other’s personal data is processed and how it would be processed. Art. 4 (7) GDPR determines the purpose and means of the processing of Personal Data (PD).…

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Online Fraud

Within the domain of online fraud, various forms of financial and economic crimes can occur. Online fraud refers to illegal practices where fraudsters exploit the internet and digital channels to gain financial advantage. Here are some examples of financial and economic crimes within this domain: Identity theft: Fraudsters can steal personal information, such as login credentials, credit card details, or identity documents, to impersonate someone else and conduct financial transactions. Phishing: This is a form of fraud where fraudsters use fake emails, messages, or websites to gather victims’ personal information, such as login credentials, credit card numbers, or other confidential…

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Long and Short Firm Fraud

Financial and economic crime within the domain of Long and Short firm Fraud refers to a specific form of fraud where fraudulent companies are set up with the purpose of obtaining money under false pretenses. This typically involves the use of both long-term and short-term entities. In Long and Short firm Fraud, fraudsters create a long-term business entity that appears solid and trustworthy. They build a good reputation by conducting actual transactions and making payments to suppliers to gain credibility. Once they have gained enough trust, they establish a short-term business entity with a similar name and structure. They take…

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eCommerce Fraud

Within the domain of e-commerce fraud, various forms of financial and economic crimes can occur. E-commerce fraud refers to illegal practices where fraudsters exploit online shopping platforms and transaction processes to gain financial advantage. Here are some examples of financial and economic crimes within this domain: Identity theft: Fraudsters can steal personal information such as credit card details, login credentials, and identity information to make unauthorized purchases or impersonate someone else. Fake sales: Fraudsters can set up fake stores or advertisements and sell counterfeit or non-existent products, collecting payments without ever delivering any goods. Credit card fraud: Fraudsters can use…

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COVID-19 Pandemic: The financial crime threat for private and public organizations

Financial Crime Risk Management (FCRM) in private and public organizations has undergone big changes due to paradigm shifts in business dynamics, emerging threats, regulatory climate and technological advancements. However, in the last few months, the world has been experiencing something unprecedented that has made all other changes somewhat secondary: The Coronavirus (COVID-19). This once-in-a-lifetime phenomenon will change the face of Financial Crime Risk Management (FCRM), compliance and sanctions forever. In this article, I will examine the far-reaching impacts of COVID-19 on financial crime and how private and public organizations can address them.…

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Representing civil servants accused of misconduct

BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, advises governmental authorities and other (semi) public bodies, dealing with all aspects of both drafting and interpreting relevant legislation. Thanks to his broad knowledge of administrative law, we are well positioned to advise all types of public bodies and to litigate on their behalf.…

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Enforcement by a Regulatory Authority (or Inspectorate)

Regulatory Authorities (or Inspectorates) enforce regulation through their inspections, such as the DNB and AFM. When an offence is established, an administrative penalty is usually imposed by the Regulatory Authority (or Inspectorate). The Regulatory Authority (or Inspectorate) can also issue a penalty or administrative coercion. An Attorney can lodge an objection against a decision by a Regulatory Authority (or Inspectorate) to issue a fine, periodic penalty payment or administrative coercion. An Attorney may also be present during the Inspectorate of the Regulatory Authority (or Inspectorate). Furthermore, if a Regulatory Authority (or Inspectorate) has signalled that it is going to investigate,…

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Avoid Coronavirus Scams

Fraud Perpetrators are taking advantage of fears surrounding the Coronavirus. Here are some tips to help you keep the fraud perpetrators at bay: Hang up on robocalls. Don’t press any numbers. Fraud Perpetrators are using illegal robocalls to pitch everything from scam Coronavirus treatments to work-at-home schemes. The recording might say that pressing a number will let you speak to a live operator or remove you from their call list, but it might lead to more robocalls, instead. Fact-check information. Fraud Perpetrators , and sometimes well-meaning people, share information that hasn’t been verified. Before you pass on any messages, contact trusted sources.…

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