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Patrick
van
Eecke
Partner
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Patrick Van Eecke is a partner in the Technology, Media & Commercial department of DLA Piper in Brussels. He advises telecommunication companies, internet service providers, software developers, governments and companies using IT and telecommunications facilities and services. He is extensively involved in diverse research and consulting projects for the European Commission and several national governments. Patrick has advised high-profile clients, including Philip Morris, Coca Cola Enterprises, America On Line (AOL) and KBC.
Patrick is a partner who holds the global co-chair of our international E-business practice group, steering our multijurisdictional E-business legal strategy. This entails focusing on Internet law, data protection, eCommerce and eGovernment.
In 2008, Who’s Who Legal (the directory of the International Bar Association) described him as an 'internationally recognised' Internet & E-commerce lawyer. In 2005, the Guide to the World's Leading Technology Media & Telecommunications Lawyers ranked Patrick in the world's top 20 IT lawyers and placed him as number one in Belgium. Patrick is also recommended by the Legal 500 (Edition Europe and Asia, 2003, 2004, 2005, 2006), Chambers Global (2006, 2007, 2008) and by the European Legal Experts (2004, 2005, 2006, 2007) as one of the top legal advisors in Brussels.
The Who’s Who Legal 2008 says: 'In Europe, respondents "have only heard good things" about Brussels partner and head of the internet law group Patrick Van Eecke. He impressed peers with his "vast specialist knowledge" of e-commerce, e-government, digital signatures and data protection and led a team that prepared a study of unfair trade practices in B2B electronic marketplaces for the European Commission. Van Eecke focuses on Belgian and EU law and counts Google, AOL, eBay and Microsoft among his clients.'
Chambers Global, 2008 says: 'Patrick Van Eecke "looks for creative solutions and is able to keep the bigger picture in mind, while maintaining a pragmatic, business-oriented approach," sources report. His specialisms include Internet law, e-commerce and e-government matters. He is currently advising Google on data protection for its European activities and assisting Philip Morris with e-commerce issues.'
Patrick is founder and chair of the ADM ICT legal counsel working group. He is also a domain names arbitrator for the Belgian Centre for Mediation and Arbitration (CEPINA) responsible for deciding on '.be' domain name disputes.
Patrick is a professor at the University of Antwerp, teaching European Information and Communications Law. He is also a guest lecturer on Internet law at various universities, such as the universities of Stellenbosch and Cape Town (South Africa, since 1996), Solvay Business Institute (ULB, Belgium, since 2003), Kings College (London, since 2004) and Queen Mary University (London, since 2004). Patrick is a regular speaker at national and international conferences. In 2006 and 2007, he gave more than 50 speeches at national and international events, including appearances on national TV and radio stations and interviews in newspapers.
Patrick is the author of several legal articles and books on computer crime, electronic signatures, electronic contracting and privacy. He also has a bi-weekly column on E-business and the law in the leading Belgian IT journal 'IT Professional'. Patrick is editor of the Belgian Revue de Droit Commercial (Larcier), responsible for information technology law. He is also editor of the international Journal of Internet Law (Kluwer) responsible for European internet related legal issues and is European correspondent for the international Digital Evidence Journal (Pario).
Patrick is member of the Brussels bar and is an associate member of the American Bar Association.
Key experience:
- Leading a multidisciplinary, international team of researchers advising the European Commission on ICT standardisation policy issues. The study analysed the current European ICT standardisation policy and the prospective evolution in ICT services, products and applications for the forthcoming 10 years. The study subsequently identified the evolving needs of a European ICT standardisation policy that is required to serve the needs of industry, societal requirements and public authority expectations. The study also put forward a set of recommendations for establishing a new European ICT standardisation policy.
- Drafting the new law on setting up an electronic healthcare and welfare related information system for Flanders. The aim of the law is to allow professional healthcare providers to efficiently and securely exchange patient information fully respecting privacy legislation and other related legal rules. The assignment also includes legal assistance to the client throughout the implementation of the new law.
- Assisting a joint venture of Belgian banks on data protection compliance of a common platform for online banking in Belgium, including data sharing and data retention between all major banks in Belgium.
- Advising one of the world's largest financial services providers on setting up a data protection compliant structure for verifying customer details and payments against numerous sanctions lists (for example, known terrorists, drugs traffickers etc). This verification system will be put in place in response to the European Council Regulation 2580/2001/EC on specific restrictive measures directed against certain persons and entities with a view to combating terrorism. The purpose of this Regulation is to freeze funding sources channelled to persons or entities involved in terrorist activities.
- Advising the United Nations (UNCITRAL) on legal aspects of electronic signatures to draft a new model law on the cross-border use of electronic signatures. Although many countries have implemented electronic signature related legislation, the practical use of electronic signatures on a cross-border level seems to be underdeveloped. UNCITRAL is investigating the need for new model legislation on this issue.
- Advising the Belgian government (Fedict) on the creation of a sound legal framework relating to electronic identity cards. This included drafting related legislation (a.o. on labelling of card readers and eID applications) and licenses (e.g. open source license for eID middleware).
- Advising the European Commission on changing the regulatory landscape of technology transfer. He is leading a team of 30 lawyers (EU, US, Japan) analysing how to improve the regulatory environment for R&D in Europe. The main objective of this study is to foster the development and use of European intellectual property systems in a research policy perspective.
- Project leader of 25 colleagues, advising the European Commission on analysing the legal obstacles in the European market relating to B2B electronic marketplaces. Patrick drafted the recommendations for the European Commission on the need for a pan-European legal framework on electronic auctioning in a B2B context.
- Advising one of the world's largest financial services providers on setting up a data protection compliant structure for verifying customer details and payments against numerous sanctions lists (for example, known terrorists, drugs traffickers etc).
- Advising a US software company with local branches in the Netherlands, France, Germany, Belgium and the United Kingdom on setting up a legally compliant data processing system for HR and CRM data. The personal data will be collected in Europe and transferred to the client’s HQ in the United States.
- Advising Coca-Cola on preparing international data transfer agreements relating to the transfer of HR data to the United States.
- Advising Google on its privacy strategy in Europe. This entailed preparing the national data processing notifications of the European branches for the biggest Internet search engine.
- Advising two major mobile telecommunications operators on the legal issues relating to mobile gaming, including electronic payments and tax aspects. Mobile operators are shifting from being simple telecommunications operators to becoming providers of multimedia services. This shift obliges mobile operators to enter into new legal areas and respond to typical medial law related legal issues.
- Advising Philip Morris Belux on its sales and marketing activities in a heavily regulated market. Selling and marketing tobacco products in the Belgian market in a legally compliant way is very complex given the stringent laws of the tobacco industry.
- Advising AOL (Time Warner), a major player active in the internet access and portal industry. Having private consumers as their customers, it is of the utmost importance to be in compliance with national rules relating to consumer protection, data protection and more. Patrick advises AOL on the legal compliance of its internet portal activities.
- Advised the Romanian public authorities and the National Bank of Romania on the implementation of a secure inter-banking communications system, including drafting of national e-banking regulation to strengthen paperless communications in line with the EU Acquis.
- Advised a Belgian mobile phone operator, on the implementation of a mobile payment system. Typical problems encountered included whether the electronic payment system would fall under the scope of the European e-Money Directive and thus oblige the operator to set up a new legal entity.
- Advised the Belgian government on the legal implications of implementing electronic (mobile) payment solutions for use in Citizen-to-Government applications.
- Advised Agfa Gevaert on the preparation of an employee surveillance policy that strikes a fair balance between the employees' privacy rights in their working environment vis-à-vis the employer's power of control in the workplace.
"partner" refers to a member of DLA Piper UK LLP
Professional Qualification
- Advocaat registered with the Nederlandse Orde van Advocaten bij de Balie te Brussel
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