Ovidiu Balaceanu

Ovidiu Bălăceanu

Senior Associate

ovidiu.balaceanu@nndkp.ro
+40 21 201 1200

Practice areas

Expertise

Environment

  • environmental issues in mergers and acquisitions
  • environmental and other permitting matters
  • water management
  • hazardous substances
  • protected natural areas
  • environmental liability, including for historic pollution
  • industrial emissions and greenhouse gas emission allowances trading
  • environmental taxes
  • sanitary, veterinary and food safety matters
  • compliance matters, including in case of polluting incidents and authorities’ controls
  • environmental related litigation

Data Protection and Privacy

  • processing employees’ data, including data sharing within the group for benefits programs and whistleblowing schemes
  • building and using databases for supporting sales and marketing activities
  • e-privacy matters, including cookies consent rules and commercial communications
  • cyber-security requirements
  • cloud computing
  • data sharing in mergers and acquisitions projects
  • regulatory compliance, including in connection with disciplinary procedures and FCPA audits
  • processing and data transfer formalities
  • controls by the data protection authorities
  • internal data protection and privacy audits and trainings

Representative Cases and Transactions

Environment

  • successful challenge and annulment, on behalf of a global full-range supplier of solid wood and wood-based material, of a several million EUR penalty imposed by the Environmental Fund Administration under the EU Greenhouse Gas Emission Allowance Trading Scheme
  • strategic environmental assessment and environmental impact assessment for manufacturing facilities of a leading manufacturer of wood-based products
  • waste shipment environmental issues and waste shipment formalities and contractual matters for a local shipyard subsidiary of a leading international shipbuilding group, in relation to the receipt for repairing a cargo damaged by fire at sea and the management of waste (including hazardous waste) resulting from the fire
  • environmental matters for one of the world’s largest oil&gas companies in connection with off-shore oil exploration in the Black Sea
  • environmental, sanitary veterinary and food safety matters in the animal rearing and food processing industries for the Romanian entities of the world’s largest hog producer and processor
  • successful defense of the world leader in building materials and a major player in cement, aggregates and concrete businesses, in a challenge by a competitor before the courts of law of the company’s allocation of greenhouse gas emission certificates for the 2008-2012 greenhouse gas emission allowance trading period
  • environmental formalities in relation to the renouncing by a Romanian subsidiary of a major European natural gas company at a concession for the operation of an underground natural gas storage facility and to the subsequent unwinding of the company
  • environmental, sanitary veterinary, food safety and other regulatory matters in the daily activity of the Romanian subsidiary of a large German retailer, as well as challenges to certain measures imposed by the competent authorities
  • environmental, sanitary veterinary, food safety and other farming-specific regulatory matters for a worldwide investment fund in relation to the acquisition of a major group farming arable land in the southern part of Romania
  • potential liability for historical pollution for the largest Romanian oil&gas player in relation to a potential sale of assets

Data Protection and Privacy

  • audit on compliance with data protection and privacy rules in all activities of an international pharmaceutical company and the biggest generic drug manufacturer worldwide
  • assessment of conditions for the acquisition of a client database by a major company in the automotive industry from a national distributor and of actions for securing the possibility to use the database for direct marketing purposes
  • data protection and privacy compliance for a leading group in the pharmaceuticals distribution sector, including notification with the Romanian data protection authority of its data processing activities (including medicines transport programs, pharmacovigilance, marketing) and assessment of conditions for RFID monitoring of certain medicines and implementation of medicines transport programs
  • data protection and privacy implications of providing databases with records of damages suffered by vehicles and assisting the Romanian affiliates of a leading provider of IT solutions for the claims processing industry for vehicles
  • data protection and privacy compliance for the Romanian subsidiaries of the largest oilfield services group, including preparing processing and transfer documentation for submission with the Romanian data protection authority
  • data protection and privacy requirements applicable to the implementation, at the level of the Romanian subsidiaries of a global steel manufacturer, of a group level share purchase plan
  • data protection and privacy formalities in relation to direct marketing activities for the Romanian affiliate of a Finnish IT and telecom company
  • data protection and privacy conditions and formalities for providing a database of business information in relation to companies but also including personal data, for a leading European provider of business information services
  • data protection and privacy requirements and implications of implementing a ‘bring your own device‘ program at the level of the Romanian subsidiary of a leading international manufacturer of personal care and household cleaning products
  • review of cookie and website privacy policies for the Romanian subsidiary of a large American nutrition and food supplements company and assistance on other marketing-related data processing formalities and requirements

Education

  • University of Bucharest Law School, Law Degree
  • Bucharest Ecological University, School of Law and Administrative Sciences, Master Degree in National and International Environmental Law

Memberships and Affiliations

  • Bucharest Bar

Notable Contributions

  • “Data Transfers and Outsourcing – DataGuidance – Romania chapter” (Cecile Park Publishing, 2015) (co-author)
  • “Data Protection & Privacy Law – Romania chapter”, 2nd edition (Thomson Reuters, 2014) (co-author)
  • speaker at the “Environmental obligations – between legal requirements and technical considerations workshop – “The handling of day-to-day environmental obligations”, organized by NNDKP and ERM Environmental Resources Management (2013)
  • “Cloud computing services and the protection of personal data” (Wall-Street, 2012)
  • “Recruitment – beyond the Employment Code” (HR Manager, 2011)
  • “The Right to a Healthy and Ecologically-Balanced Environment”, parts I and II (Curierul Judiciar, 2010) (co-author)