I am Erik Valgaeren
Data Protection specialist
Technology, Media and Telecommunications specialist

Erik Valgaeren

With a thorough understanding of technology in many areas, Erik advises a broad spectrum of clients from high-profile businesses to financial institutions. 

His practice focuses on IT, internet, e-commerce and electronic communications law. Erik also deals with intellectual property issues relating to these areas driven by the increasing interaction between infrastructure and the content/information communicated.

Furthermore, Erik drafts complex contracts, assists clients with legislation and regulatory aspects, and litigates both before national courts and arbitral tribunals.

He regularly advises on a range of projects including web and cloud services, outsourcing, IT security, system integration, software implementation, information management, databases, health IT, privacy, consortia and partnerships.

Erik is officer and former chair of the Technology Law Committee of the International Bar Association (IBA) and has a teaching mandate at the Thomas More College Mechelen. He was admitted to the New York bar in 1992.

  • Languages: Dutch, French, English, German
  • Admitted to the Brussels Bar: 1992
  • Partner since: 2001

Experience

Related news

17.12.2014 Newsletter
The Antwerp Commercial Court finds that Bhaalu cannot lawfully rely upon the “private copy” exception enshrined in the Belgian Copyright Act

Right Brain Interface NV is a young technology company that has created a remote DVR (digital video recording) storage service called “Bhaalu”. In essence this service allows its subscribers to record the television programs they can watch according to their TV channels’ subscription and to store these programs on servers owned by the unincorporated association of Bhaalu users (“in the cloud”). This way, Bhaalu users can watch TV programs on demand up to 3 months after they have been aired.

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17.12.2014 Newsletter
A new booklet on the supervision at the workplace published by the Luxembourg Data Protection Commission and the Luxembourg Chamber of Employees

The Luxembourg Data Protection Commission (the « CNPD ») has published in September 2014, together with the Luxembourg Chamber of Employees(Chambre des salariés), a booklet on the supervision at the workplace.

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17.12.2014 Newsletter
Belgian Privacy Commission clarifies data breach notification requirement

As a consequence of several data breaches, the Belgian Privacy Commission (“BPC”) published in January 2013 a recommendation to prevent data breaches. In this recommendation the BPC has for the first time mentioned the existence of a requirement to notify a data breach within 48 hours to the competent authorities. In a recently published Q&A on its website, the BPC now tries to clarify this requirement.

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17.12.2014 Newsletter
The new Regulation on electronic identification and trust services – eIDAS

The European Parliament and the Council adopted Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the “eIDAS Regulation”) on 23 July 2014. This eIDAS Regulation repeals the E-Signatures Directive 1999/93/EC and creates a comprehensive legal framework for both electronic identification and authentication services.

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17.12.2014 Newsletter
The European Court of Justice applies the temporary copyright exception to on-screen and cached copies of website pages - Meltwater case

On 5 June 2014 the European Court of Justice (“ECJ”) rendered a judgment in response to a question asked by the Supreme Court of the United Kingdom. It held that onscreen  and cached copies of website pages stored as a result of the end-user’s browsing on the Internet do not require any authorization from the copyright owner of the content of those pages. In its judgment, the ECJ confirmed that the copies generated during one’s viewing of a website fall under the temporary copyright exception provided in Article 5 of the Directive 2001/29/EC (the “Copyright Directive”).

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17.12.2014 Newsletter
No right to copies of documents for request to access one’s personal data under Dutch Data Protection Act

According to clause 35 of the Dutch Data Protection Act (Wet bescherming persoonsgegevens; “DDPA”) a person (“data subject”) has the right to access the personal data that a party processes about him. This right is an elaboration of the principle of transparency and enables a person to check whether the processing complies with the DDPA. It is not necessary for a  data subject to explain why he wants access to his personal  data nor does he need to prove any particular interest therein.

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