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

30.04.2015 Newsletter
A new Luxembourg bill on data retention

On January 7, 2015, the Luxembourg Ministry of Justice filed with the Chamber of Deputies bill n° 6763 (the Bill) modifying Article 67-1 of the Luxembourg Criminal Procedure Code (the Criminal Code) and Articles 5, 5-1 and 9 of the Act of May 30, 2005 laying down specific provisions for the protection of persons with regard to the processing of personal data in the electronic communications sector, as amended from time to time (the 2005 Privacy Act).

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30.04.2015 Newsletter
Courts of a Member State where a work is accessible online have jurisdiction to hear case

On 22 January 2015 the European Court of Justice (ECJ), in its judgment C-441/13, held that a court of a Member State where a work is accessible online does have jurisdiction to hear the case if the damage has occurred or might occur in that Member State.

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30.04.2015 Newsletter
Bhaalu case: Flemish Media Regulator rules in favor of broadcasters Medialaan, SBS Belgium, and VRT in their suit against Right Brain Interface

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 shows, which they can watch according to their TV channels’ subscription and store them on servers owned by the unincorporated association of Bhaalu users (“in the cloud”). This way, Bhaalu users can watch TV shows on demand up to 3 months after they have been aired.

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30.04.2015 Newsletter
Dutch DPA: Employment agencies violate the privacy of the temporary workers

Each year the Dutch Data Protection Authority [“DPA”], taking its limited capacity into account, sets out a number of key objectives on which it will focus. The protection of privacy in the employment relationship has been one of the priority areas over the last two years. Having regard to the financial dependence between employee and employer and the increasing pressure on the employees as a result of the economic crisis, the employee is in a vulnerable position in terms of protecting its privacy. The DPA received various signals that employment agencies appeared to be violating the privacy of temporary workers. In a temporary
employment relationship the agency acts as the employer of the temporary worker [“temp”]. For these reasons, the DPA decided to carry out an investigation in respect of two large employment agencies regarding their compliance with the Dutch Data Protection Act [“DDPA”].

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30.04.2015 Newsletter
Bill submitted to increase penalty powers of the Dutch Data Protection Authority to EUR 810,000 or 10% of the annual turnover of certain legal entities

On 24 November 2014 State Secretary Teeven (from the VVD, a conservative-liberal party) submitted a second memorandum of amendment concerning the legislative proposal adjusting the Dutch Data Protection Act (“DDPA”). The amendment, to be introduced through an adjustment of article 66 DDPA, is intended to give the Dutch Data Protection Authority (“DPA”) the authority to impose higher administrative fines and to be able to do so in more cases.

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30.04.2015 Newsletter
The Dutch House of Representatives requests Privacy Impact Assessment for new legislation

On 11 November 2014, the motion Segers/Oosenbrug on Privacy Impact Assessments was adopted by the House of Representatives [“the House”]. The motion was proposed in connection with a legislative proposal, namely 34000 VII Budget Memorandum of Interior and Kingdom Relations 2015. The House expects a so-called Privacy Impact Assessment [“PIA”] to be performed by the government when proposed legislation may have an impact on the processing of personal data. If the PIA is not performed, it will be up to the government to explain why the PIA is missing.

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