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Feyz International has multiple offices worldwide. This global network enables our teams to collaborate closely with customers and partners for more effective and efficient service. Our Offices Feyz International has multiple offices worldwide. This global network enables our teams to collaborate closely with customers and partners for more effective and efficient service. Zug Office General-Guisan Strasse 6, Zug, 6303, Switzerland Vaud Office Rue de la Paix, Gland, 1196, Switzerland Paris Office 16 Allée du Puits, 92130, Issy-les-Moulineaux, France View our other locations here Our business hours Monday Tuesday Wednesday Thursday Friday Saturday Sunday 9:00 AM - 7:00 PM 9:00 AM - 7:00 PM 9:00 AM - 7:00 PM 9:00 AM - 7:00 PM 9:00 AM - 6:30 PM Closed Closed View on Google Search View on Google Maps View on Maps

Ridiculously low ceilings on administrative fines hindered the effectiveness of EU data protection law for over twenty years. US tech giants may have seen these fines as a cost of doing business. Now, over two years after the commencement of the European Union’s widely heralded General Data Protection Regulation (GDPR), the anticipated billion-euro sanctions of EU Data Protection Authorities, or ‘DPAs’, which were to have changed the paradigm, have yet to be issued. GDPR COMPLIANCE IN LIGHT OF HEAVIER SANCTIONS TO COME—AT LEAST IN THEORY Ridiculously low ceilings on administrative fines hindered the effectiveness of EU data protection law for over twenty years. US tech giants may have seen these fines as a cost of doing business. Now, over two years after the commencement of the European Union’s widely heralded General Data Protection Regulation (GDPR), the anticipated billion-euro sanctions of EU Data Protection Authorities, or ‘DPAs’, which were to have changed the paradigm, have yet to be issued. Newspaper tribunes and Twitter posts by activists, policymakers and consumers evidence a sense of unfulfilled expectations. DPA action has not supported the theoretical basis for GDPR sanctions—that of deterrence. However, the experience to date and reactions to it inspire recommendations for DPAs and companies alike. In our working paper, EU General Data Protection Regulation Sanctions in Theory and in Practice , forthcoming in Volume 37 of the Santa Clara High Technology Law Journal later in 2020, we explore the theoretical bases for GDPR sanctions and test the reality of DPA action against those bases. We use an analysis of the various functions of sanctions (confiscation, retribution, incapacitation, etc.) to determine that their main objective in the GDPR context is to act as a deterrent, inciting compliance. To achieve deterrence, sanctions must be severe enough to dissuade. This has not been the case under the GDPR as shown through an examination of the actual amount of the sanctions, which is paradoxical, given the substantial increase in the potential maximum fines under the GDPR. Sanctions prior to the GDPR, with certain exceptions, were generally capped at amounts under €1 million (e.g. £500,000 in the UK, €100,000 in Ireland, €300,000 in Germany and €105,000 in Sweden). Since the GDPR has applied, sanctions have ranged from €28 for Google Ireland Limited in Hungary to €50 million for Google Inc in France, far below the potential maximum fine of 4% of turnover, or approximately €5.74 billion for Google Inc. based on 2019 turnover. While the highest sanctions under the GDPR have been substantially greater than those assessed under the prior legislation, they have been far from the maximum fines allowed under the GDPR. Nonetheless, this failure of DPAs, especially the Irish DPA responsible for overseeing most of the US Tech Giants, has not gone unnoticed, as shown by EU institutional reports on the GDPR’s first two years. Indeed, increased funding of DPAs and greater use of cooperation and consistency mechanisms are called for, highlighting the DPAs’ current lack of means. Here, we underscore the fact that, in the area of data protection, there has been perhaps too much reliance on national regulators whereas in other fields (banking regulation, credit rating agencies, etc.), the European Union has tended to move toward centralization of enforcement. Despite these short-fallings, the GDPR’s beefing-up of the enforcement toolbox has allowed for actions by non-profit organizations mandated by individuals (such as La Quadrature du Net that took action against tech giants after the GDPR came into force), making it easier for individuals to bring legal proceedings against violators in the future, and an EU Directive on representative actions for the protection of consumer collective interests is in the legislative pipeline. On the side of businesses, there has been a lack of understanding of certain key provisions of the GDPR and, as compliance theorists tell us, certain firms may be overly conservative and tend to over-comply out of too great a fear of sanction. This seems to be the case with the GDPR’s provisions regarding data breach notifications, where unnecessary notifications have overtaxed DPAs. The one-stop-shop mechanism, which is admittedly complex, also created misunderstanding. This mechanism allows the DPA of the main establishment in the European Union of a non-EU company to become the lead supervisory authority in procedures involving that company, which potentially could lead to companies’ forum-shopping on this basis. However, there is also a requirement that the main establishment has decision-making power with respect to the data processing to which the procedure relates. Failure to consider the latter requirement could result in companies selecting main establishments in countries where there is not such decision-making power, and thereby halt attempts at forum-shopping for a lead supervisory authority for certain processing. One example of this culminated in the French DPA (CNIL)’s largest fine so far, imposed on Google, whereas the latter argued that the Irish DPA was its lead supervisory authority. As we explain in our paper, a lack of GDPR enforcement carries risks. Not only does it undercut the deterrent effect of the GDPR, but it also provides a tenuous basis for risk assessment by companies. While the GDPR’s first two years involved a sort of grace period when DPAs focused on educating companies and spent time painfully investigating complaints to litigation-proof their cases, some companies model their risk assessment of regulation based on enforcement histories. If there is a push for greater enforcement, which EU institutional reports would tend to foreshadow, the basis for companies’ models will be inaccurate. Furthermore, such dependence on risk evaluation ignores potential benefits to firms of increased trust and efficiency involved with expanding compliance to adopt a higher data protection compliance standard applied to customers worldwide. Thus, we argue, not only should DPAs sanction offenders, but DPAs should sanction them severely when justified, establishing the necessary deterrence effect for EU data protection law. Moreover, DPA’s communication should in many cases be modified to stop downplaying sanctions: such communication is counterproductive to the desired effect of sanctions. Companies, on the other hand, should take efforts to fully understand the GDPR, and embrace compliance, leaving behind data protection forum-shopping as a potentially ineffective action. Furthermore, the typical securities lawyer warning that, ‘past performance is no guarantee of future results’, may be a forewarning to companies using past sanctions to create their compliance risk-assessment models that the results may not be accurate for the future. W. Gregory Voss is an Associate Professor in the Human Resources Management & Business Law Department at TBS Business School Hugues Bouthinon-Dumas is an Associate Professor in the Public and Private Policy Department at ESSEC Business School. by Hugues Bouthinon-Dumas , 04.12.20 Source : Knowledge Lab Essec

Library CONSUMER FINANCE IN THE DIGITAL AGE: LEVERAGING BIG DATA AND TECHNOLOGY TO PERSONALIZE PROTECTION Have you ever wondered why consumers tend to make suboptimal financial decisions, and why financial firms are often in a position to exploit them? Clearly, this is due in part to consumers’ biases and limited rationality... BIG DATA AND THE LEAN STARTUP APPROACH AS TOOLS FOR INNOVATION IN LARGE FIRMS Can larger firms face and survive the challenge of startups? The one question that comes to mind these days is whether they are still capable of fostering innovation... SOCIAL ACCOUNTING: A TOOL FOR MEASURING CORPORATE SUSTAINABILITY Corporate social responsibility is an increasingly popular topic in the corporate world and beyond, highlighting a need for best practices and a stronger understanding of what it really means to be a sustainable business... DOING GOOD WHILE DOING WELL: THE CASE OF BUSINESS IT INITIATIVES How can organizations do good (help the environment) while doing well (boosting economic growth)? While both worthy goals, they can be at odds with each other, creating a dilemma for organizations... GDPR COMPLIANCE IN LIGHT OF HEAVIER SANCTIONS TO COME - AT LEAST IN THEORY Ridiculously low ceilings on administrative fines hindered the effectiveness of EU data protection law for over twenty years. US tech giants may have seen these fines as a cost of doing business... EU SUSTAINABLE GROWTH REGULATIONS: THE CHALLENGES OF TRANSPARENCY, COMPARABILITY, AND LEADERSHIP With the European Green Deal of December 2019 supporting long-term signals to support green investments, and the proposed European Climate Law as a framework for... HOW TO BUILD A PROACTIVE WORKFORCE: TRAINING PROBLEM SOLVERS OR STRATEGIC CHANGE AGENTS? Employees who take a proactive approach at work – who speak up with suggestions, try to bring about improvements, and take initiative – generally perform better, are more satisfied with their job, and progress more quickly in their career... SUSTAINABLE DEVELOPMENT THANKS TO THE DATA FOOTPRINT From accelerating sales to optimizing operational processes, digital impacts the value chain in every aspect. If the digital revolution generates an inevitable modernization of companies and a hope of value generation, it also provokes a major challenge for organizations: Data... A DAWN OF DATA REVOLUTION AND WHAT'S AT STAKE? It is estimated that by year 2025, individuals and businesses alike will produce about 463 exabytes of data per day globally and there will be an estimated 175 zettabytes of data in the global data sphere. Businesses use data for a variety of reasons; including but not limited to analyzing customer behavior...

Our experience covers a wide range of industries and challenges, giving us a unique perspective we bring to every customer partnership. We help you view your business differently, uncover new opportunities, and achieve results that connect today’s realities with tomorrow’s ambitions. Industries Our experience covers a wide range of industries and challenges, giving us a unique perspective we bring to every customer partnership. We help you view your business differently, uncover new opportunities, and achieve results that connect today’s realities with tomorrow’s ambitions. Automotive We help automotive leaders make breakthrough decisions that drive profitable growth, improve cost efficiency, and address sustainability challenges across manufacturing and supply chains. Healthcare Improving healthcare remains a core focus of our consulting services. Today’s global healthcare landscape is more complex than ever, and our experts at Feyz International bring extensive industry experience to help you optimize growth and profitability in this risk-sensitive sector. We focus on driving meaningful innovation that benefits the healthcare community. Over the years, our consulting services have helped assess the true value of healthcare businesses, implement processes tailored to their needs, and unlock market opportunities that add lasting value. In a rapidly evolving healthcare sector, success is measured by long-term sustainability as much as immediate results. Financial Services Navigating the rapidly changing financial services landscape requires practical strategies and deep industry insight. We work closely with senior executives and investors to address complex commercial challenges, combining extensive sector expertise with advanced analytics to deliver solutions that enhance customer engagement, risk management, and operational efficiency. Our services support expansion into new markets, including mature and emerging regions, consumer and commercial segments, and a broad spectrum of products such as banking, insurance, wealth management, and securities distribution. Through targeted market entry and growth strategies, we help create sustainable value and long-term success, supported by a proven track record of delivering measurable results. Become our partner! partners@feyzinternational.com About Us

Can larger firms face and survive the challenge of startups? The one question that comes to mind these days is whether they are still capable of fostering innovation. Many large companies try to adapt to this new challenging environment by behaving like startups, which, as the researchers point out, is not the key to successful innovation for incumbent firms. BIG DATA AND THE LEAN STARTUP APPROACH AS TOOLS FOR INNOVATION IN LARGE FIRMS Can larger firms face and survive the challenge of startups? The one question that comes to mind these days is whether they are still capable of fostering innovation. Many large companies try to adapt to this new challenging environment by behaving like startups, which, as the researchers point out, is not the key to successful innovation for incumbent firms. Adapt or… Die Trying Previous research shows that incumbent firms find it difficult to adapt their business models (and thus their strategy) for various reasons including the complexity of the organization, a focus on short-term rather than long-term gains, and competition for resources among managers. Large companies often suffer from innovation blindness caused by the very fact that they hold onto outdated models and assumptions on how the world works. This difficulty in changing the business model makes it extremely challenging for firms to respond to the new forms of competition brought forth by startups. While changing the business model is often necessary, if not vital, there are no clear best practices and many firms have followed the route of trying to behave like a startup. This approach, however, is doomed to fail as it does not recognize the fundamental differences between the two types of organizations in areas such as resources, speed of decision-making, focus etc. Adapt. Do not adopt! There has been research encouraging large companies to adopt the lean startup methodology[1] for product innovation, suggesting that in this way, legacy companies would be able to quickly adjust and adapt the business model to create and appropriate the most value. But while a startup is by definition “an organization formed to search for a repeatable and scalable business model”, a legacy firm already has a business model. Therefore, to be economically competitive, incumbent firms need to be ambidextrous. In other words, they should be able to execute in present markets while innovating for new ones. According to Steven Seggie and his peers, incumbent firms should leverage advantages such as big data and adapt (not adopt) the lean startup methodology. Let us not forget that big firms have clear advantages in big data both through the amount that is available to them and also through the resources they have to analyze the data and act upon the results of the analysis. It is not the Size of Your Data that Matters but What You Do with it The real question then is: “How should firms leverage big data and adapt the lean startup methodology as a means of changing the business model to allow for successful innovation and successful competition with startups?” Traditionally, big data analysts have talked about the 3Vs of big data: volume, variety, and velocity.Each of these characteristics creates a learning challenge, which can then be addressed through use of parts of the lean startup methodology. Volume Volume refers to the increasing amount of data that is available. This volume leads to confirmation bias as a greater amount of data provides opportunities to confirm prior beliefs that inform decision-making. The solution provided by the lean startup methodology is to use the analysis of big data not to reach conclusions but instead to develop hypotheses, which can subsequently be tested through experimentation. Variety Variety means that firms have access to data from very different sources that were not available in the past. Although variety is seen as a good thing, it leads to an increased complexity of both the data and analysis, thus making it difficult to communicate insights for decision-making. The lean startup methodology suggests the introduction of a concept called innovation accounting[2]. It requires regular reporting on the progress of an innovation project with a decision to quit, persevere with, or pivot. The advantage is that it facilitates the access to insights throughout the process. Velocity Velocity refers to the fact that firms are getting real-time data. The richness and timeliness of the data suggest an increased ability to predict the future, and thus creates an illusion of control. The solution offered by the lean startup methodology is to include a build-measure-learn loop into the innovation process as this allows firms to engage in validated learning on an incremental basis. The risk is minimized, as all innovations are incremental in nature. So even if managers have the illusion of control, they will not be able to take large risks that may come back to haunt them in case of unexpected occurrences. Let Us Call a Spade a Spade With unprecedented amounts of Venture Capital money being invested in startups, incumbent firms are under greater pressure than ever before to maintain their status as leaders in their fields. Some of them have adopted, recklessly, the lean startup methodology with generally disastrous results. In sum, a startup is not a small version of a legacy company, neither is a legacy company just a large version of a startup. Therefore, incumbent firms should adapt the lean startup methodology instead of adopting it as it is. Firms should leverage the resource advantages they have regarding big data and combine these advantages with the adapted lean startup methodology to enable large companies to adjust their business models to allow for successful innovation. −−− [1] The lean startup methodology is a quick and iterative process that requires minimal resources compared to more traditional models of innovation (Blank, S. (2013). Why the lean startup changes everything. Harvard Business Review May, 4–9.) [2] A measurement process used to evaluate innovation throughout the innovation process by Steven Seggie , 04.10.21 Source : Knowledge Lab Essec