Menno Weij recently made the transition from consulting firm, back to the legal profession. He has joined The Data Lawyers and hopes to make an impact in the legal world here. PONT | Data & Privacy spoke to him about this step in his career, the importance of mass tort claims and challenges in the digital realm.
1. Why did you take this step in your career?
At The Data Lawyers, I get the opportunity to work directly with clients again in complex and principled cases, such as mass tort claims. My new firm combines a fresh, young dynamic with the ambition to make a real difference in the legal world, something that perfectly matches my own motivations.
My move to the legal profession was further motivated by two main reasons. First, I missed the legal profession, and in particular the privilege of confidentiality. That professional privilege is essential in my profession because it provides clients with the assurance that everything they share with me remains strictly confidential. In my previous position at BDO, while dealing with confidential matters, such as advice on data breaches, I did not have that legal protection in full.
In addition, client perception plays a role: people often specifically seek a lawyer for legal matters. That title has value and provides security beyond a legal advisory role.
2. What experience(s) do you bring with you from your previous position that will come in handy now?
One of my strengths is my years of experience in legal practice. At BDO, and before that at Baker & McKenzie and Solv, I worked with a variety of clients and learned to get to the bottom of complex legal and business issues quickly. This gives me a solid foundation to support clients with complex data issues. Because of these years of experience in both the legal profession and consultancy, I think along with clients not only as a lawyer but also on a strategic and commercial level. This fits well with the approach that The Data Lawyers chooses when helping clients. Moreover, I have a large network, which also helps in the further expansion of a young and growing company like The Data Lawyers.
Furthermore, I enjoy guiding and inspiring professionals so that they can maximize their potential.
3. What challenges do you see within the IT, data and privacy domain?
There are major challenges at the intersection of regulation and technology. In Europe, companies face a huge amount of new laws and regulations. Just think of the Data Act, Data Governance Act, the AI Act and stricter guidelines around cybersecurity. While these regulations are intended to make the playing field fairer and more secure, the risk is that the complexity discourages companies and hinders innovation. At The Data Lawyers, I have full scope to think about this with our clients. For example, we provide support in mapping out which legislation is relevant to a client, which action points follow from this, and how these can be dealt with efficiently. Many requirements of the various laws overlap. I also notice that laws and regulations sometimes do not fit together well. How do you deal with this conveniently? How do you focus on the most important obligations and avoid duplication? That is what I advise our clients on.
Another major concern is the growing threat of cybercrime. Cyber attacks are becoming more sophisticated, and companies face the challenge of continuously securing their systems and data against these threats. The handling of internal incident reporting and the handling of data breaches must also be in good order. Within The Data Lawyers there is a special team for this. I bring my own knowledge and experience to this as well. In this way we can help clients with setting up the procedures in advance, but also assist them when unexpectedly a data breach with impact has occurred.
4. What (future) developments/trends do you perceive within the digital domain and which ones should we keep an eye on anyway in the coming time?
What fascinates me personally most within the digital domain is the lightning-fast development of artificial intelligence (AI). AI offers unprecedented opportunities, but also raises important ethical questions. As a lawyer, I am particularly curious about how AI will continue to influence the legal field. In the future, will we all use AI by default to draft contracts? And also to perform complex legal analysis faster? And how do we ensure that AI remains reliable even in those applications and does not bring unintended side effects?
In addition, I see a tension between regulation and innovation. Europe often opts for regulation to protect citizens and markets, while the U.S., for example, offers more room for experimental innovation. That difference brings challenges, for example for European companies that have to compete with U.S. tech giants that are less strictly regulated. Here I see an important role for lawyers and policymakers to help companies navigate between innovation and compliance.
5. What do you hope to add to public affairs with/in your new job?
I want to work to strengthen the rights of individuals, especially in cases where large technology companies break rules or violate users' privacy. Mass tort claims, like the one against Meta (formerly Facebook), fascinate me. Through these types of cases, we can strengthen collective rights and force companies to take responsibility. In this way, we also help establish a level playing field for European IT companies against the mostly US-based Big Tech.
At The Data Lawyers, I have the opportunity to work on issues of principle that are not only legal, but also socially relevant. For me, standing up for the public interest means protecting privacy and guarding a fair balance between consumers, public and European (tech) companies on the one hand and Big Tech on the other.
6. If you were not working in this field, what profession would you have preferred?
My boyhood dream was to become a race car driver. The speed and adventure of racing had a huge attraction for me. While that may not be realistic now (but never say never ๐ ), I have also always had a passion for entrepreneurship. I have gained experience with startups and co-founded a legal technology incubator. Entrepreneurship and innovation energize me. Within the The Data Lawyers, I can do plenty of that!
7. What book/film/documentary/podcast about data & privacy should everyone read/watch/listen to?
A good place to start is BNR Digitaal, a weekly podcast and radio show discussing legal, technological and social aspects of data and privacy. I myself am a guest there on occasion, but it really is an accessible way to stay abreast of trends and developments in the digital realm.
