André Bywater is a commercial lawyer with a focus on regulatory compliance, processes and investigations. His practice has engaged both the private and public sectors. He was Brussels-based for many years focusing on a multitude of EU issues during which time he worked across Europe and beyond. He has assisted and advised mainly European and US in-house counsel and other company personnel. Further, he has also addressed a variety of legal matters in the context of EU-funded projects building the expertise and capacity of government ministries and agencies in Central and Eastern Europe and further afield. He therefore brings to the practice a wide range of experience and skills.
He qualified as a lawyer in the UK in 1993. He is a Cambridge University graduate and a fluent French speaker with a reasonable command of Russian.
Areas of Practice
- Data Protection
- Bribery/Corruption
- Internal Investigations
- Crisis Management
- Trade Sanctions
- Competition/State Aid
- Regulatory/Environmental
- The Chemicals Sector
André Bywater’s professional experience covers almost twenty years. With an initial grounding in criminal defence work he followed this by undertaking two EU institutional internships and then successively worked for three differing commercial law firms. In this latter capacity he has provided advice, assistance and training in a wide spectrum of legal areas to clients ranging from in-house lawyers and internal company personnel to civil servants and other government legal officials.
He has strong experience in particular in working on regulatory compliance matters, notably for the chemicals sector. Here he has worked on matters concerning technical and scientific risk assessment in the context of various regulatory processes, and, applications for exemptions and in processes involving marketing restrictions. He has also assisted on matters concerning various industrial-technological processes and technical standards.
He has also worked on a variety of competition law matters for the private sector. Connnected to this field he has also worked on compliance with a myriad of State Aid rules to various entities in the UK public sector.
In addition, he has designed and delivered compliance programmes for clients in the fields of Competition law, and, anti-corruption law.
Further, he has acted in Trade Defence investigations for clients concerning various products from countries including China, Russia, and, the Middle East.
As a litigator he has represented clients in matters before the European Court of Justice in Competition law, Trade Mark law and EU Institution Employment law cases.
Finally, he also has unique professional experience in working (legal drafting, training etc) in many Eastern and European and other countries (including Armenia, Bosnia, Croatia, Romania and Poland) on EU-funded projects for various governmental ministries and agencies to either ensure EU Accession compliance or build institutional capacity, mainly in the fields of Competition law, State Aid law, Trade Defence law and Public Procurement law.
Admissions
- England & Wales
Experience
- Grayston & Company (a law firm), Brussels, Belgium – Founding Member, 2007-2011
- Eversheds LLP, Brussels, Belgium – Senior Associate, 1999-2007
- McKenna & Cuneo LLP, Brussels, Belgium – Associate, 1998
- European Commission, Brussels, Belgium – Internship in the Competition Directorate-General, 1997-1998
- European Court of Justice (First Instance), Luxembourg city, Grand Duchy of Luxembourg – Internship in Judge’s chambers, 1996-1997
- Lamb Building & 1 Crown Office Row (Barrister’s Chambers), Temple, London, UK – Trainee and then Practising Barrister, 1993-1996
Education
- Tver University, Russia – Certificate in Russian Language, 2012-2013
- Glasgow University, Scotland, UK – Postgraduate Diploma in Russian Language, 2011-2012
- BPP Law School (self-study distance-learning), London, UK – Qualified Lawyers Transfer Test, 1999, and, admitted as a Solicitor, 2000
- King’s College, London University (self-study distance-learning), UK – Postgraduate Diploma in EU Competition Law, 1998-1999
- Inns of Court School of Law (“Bar School”), London, UK – Bar Practising Certificate, and, Called to the Bar of England & Wales, 1992-1993
- Cambridge University, UK, B.A (Hons) Law, 1990-1992
- Sussex University, UK, M.A Art History, 1985-1986
- Hull University, UK, B.A (Hons) Art History & Drama, 1981-1984
Professional Activities
- Non-practising member of New York State Bar Association and then President of NYSBA Brussels, Belgium Chapter, 2007-2009
- Board of Editors, The Corporate Counselor
Honours & Awards
- Lloyd Jacob Memorial Exhibition, Middle Temple (Bar), 1993
- European Community Law Competition, Moot Court semi-finalist, Bar School team, 1993
- Departmental Prize in Art History, Hull University, 1984
- Ransomware: What COVID-19 Means for Upgrading Your Defenses – Law.com, September 2020
- Switzerland cancels Privacy Shield – SCCE, September 2020
- Co-Author of article “UK Serious Fraud Office annual report update” Compliance & Ethics Professional, October 2016
- Co-Author of article “EU-U.S. Privacy Shield Finalized” The Corporate Counselor, September 2016
- Co-Author of article “EU-US Privacy Shield Finalized” Cyber Security Law & Strategy, August 2016
- Author of article “Protection under the law”, Ethisphere’s Special Report on Human Rights, July 2016
- Co-Author of article “Milestone Reached In UK Bribery and Corruption Enforcement” The Corporate Counselor, February 2016
- Author of article “UK Modern Slavery Act Compliance” The Corporate Counselor, January 2016
- “The sinking of Safe Harbor – and navigating the stormy waters ahead” NYSBA International Law Practicum, Autumn 2015
- “The Meaning of the UK’s First DPA” The FCPA Report, December 2015
- Author of article “Safe Harbor European Court Data Protection Ruling” The Corporate Counselor, November 2015
- Author of article “Significant Court Ruling on Data Protection Liability” The Corporate Counselor, September 2015
- Author of article “UK Forced Data Access Illegal As of Dec. 1” The Corporate Counselor, December 2014
- Author of article “EU data protection reforms update” The Corporate Counselor, June 2014
- Author of article “Trading in Chemicals and Substances within the WTO Framework – Barriers to Trade or Legitimate Regulation ?”, for “WTO Obligations and Opportunities – Challenges of Implementation”, Cameron & May, 2007
- Co-Author of article, “EU REACH Chemicals Proposal: Challenges for American General Counsel”, The Metropolitan Corporate Counsel, 2006
- Author of article for Belgian in-house counsel publication about EU Licensing Agreements and Transfer of Technology rules, 2004
- Co-Author of article “European Court litigation in EU trademark cases – how is the system faring”, for journal “Trade Mark World”, 2002
- Author of various articles about EU law developments for “International Journal of Franchising Law” magazine, 1999-2005
- Editor and lead author of monthly publication “Brussels Focus” covering a wide range of EU legal issues and developments (Competition law, State aid law, E-Commerce law, Environmental law etc), 1999-2005
- SCCE – Modern Slavery & Supply Chain Compliance in the UK & the EU – 16 November 2021 – guest presenter with Jonathan Armstrong
- Presenter, “Overview of EU GDPR and breach reporting” Ipswitch seminar, 22nd November 2016
- Presenter, “The EU General Data Protection Regulation – Key Things That You Need to Know to Get Started” SCCE Web Conference, 27th October 2016
- Speaker, “Anti Corruption Panel”, The New York State Bar Association International Section meeting, 19th October 2016
- Speaker, IT.Can Teleconference Roundtable, 22nd June 2016
- Presenter, “EU General Data Protection” LexisNexis Webinar, 8th June 2016
- Presenter, “Shakespeare and the law” British Embassy Zagreb, 28th April 2016
- Speaker, “Data Protection” SCCE Webinar, 22nd February 2016
- Presenter, “Safe Harbor” Global Strat Webinar, 9th February 2016
- Presenter, “Data Protection Update” LexisNexis Practice Compliance Forum, 3rd February 2016
- Speaker, “What you need to know about Supply-Chain Compliance with UK Modern Anti-Slavery Legislation”, The Society of Corporate Compliance and Ethics Webinar, 8th December 2015
- Speaker, “Key aspects of the recent ruling on Safe Harbor”, The Society of Corporate Compliance and Ethics Webinar, 1st December 2015
- Presenter, “Risks, Rules and Regulation”, LexisNexis Webinar, 17th November 2015
- Speaker, “Roundtable on Europe’s new data protection laws”, IT.CAN teleconference, 9th June 2015
- Speaker, “Know your Business Partners, Know your Customer! Why businesses risk difficult regions”, The Society of Corporate Compliance and Ethics Webinar, 10th March 2015
- Speaker, “Update on sanctions imposed by the EU on Russia”, The Society of Corporate Compliance and Ethics Webinar, 10th February 2015
- Speaker, “Data Privacy – Does It Matter?”, Tfpl, 2nd December 2014
- Speaker, “International Bribery and Corruption & an update on progress with the Bribery Act 2010”, The Society of Corporate Compliance and Ethics Webinar, 6th October 2014
- Speaker, “EU Data Protection Regulation – Key Issues & Progress Update”, The Society of Corporate Compliance and Ethics Webinar, 6th November 2014
- Guest Lecturer (through EU-funded project), Competition and State aid law, eleven lectures total at five universities (law and economics faculties), Croatia, 2010-2011
- Moderator and Panelist, Competition law conference, Zagreb, Croatia 2010
- Speaker, EU REACH Gosstandart conference, Minsk, Belarus, 2008
- Speaker, EU REACH Chemicals conference, Berlin, Germany, 2007
- Speaker, EU REACH Chemicals conference, Brussels, Belgium, 2006
- Guest Speaker, EU State aid transport rules seminar, Riga Graduate School of Law, Latvia, 2007
- Speaker, EU expansion and its significance for businesses, roadshows in New York, Atlanta, Chicago & Washington DC, US, and, at a conference in Tel Aviv, Israel, 2004-2006
- Speaker, EU Trade Defence, Trade law conference, Sarajevo, Bosnia, 2005
- Speaker, WTO trade barriers or legitimate regulation and proposed EU chemicals regime, international colloquium on WTO trade issues and challenges, Brussels, Belgium, 2004