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Short BIO
Erik Valgaeren studied law at KU Leuven (1990) and the University of Chicago (LLM 1991). Erik’s practice focuses on IT, internet, e-commerce and electronic communications law, as well as data protection and privacy. He has a thorough understanding of technical issues relating to communications. His work includes the drafting of contracts, advising on legislation and regulatory aspects and litigation both before national courts and arbitral tribunals. Typical projects include web services, outsourcing, facilities management, system integration, software implementation, data transmission, databases, privacy, distribution and partnerships. His data protection and privacy practice focuses on cross-border data governance projects, mainly driven by the increasing interaction between infrastructure and the content / information communicated thereby.
Erik Valgaeren is a member of both the Brussels Bar and the New York Bar (admitted in 1992). Erik has been with Stibbe since 1993 (partner since 2001) and heads up the TMT practice (Technology Media and Telecoms). Erik is an officer of the Technology Committee of the International Bar Association and an editor of Computerrecht.
Title of the presentation
Data governance and data protection in a US-EU context: clash of the titans or friendly belly dance?
Abstract
Corporations operate more and more at the global level, focusing on new markets and looking for economies of scale and cost optimisation. Governments are increasingly concerned about security and administrative efficiency. Both the international business community and governmental instances seek to streamline and optimize their data governance projects and strategies. New technologies offer new possibilities to do so, while at the same time posing new threats.
However, data protection and privacy are culturally and socially conditioned concepts. The EU and the US take different attitudes towards these concepts, and these attitudes shift over time due to economic, political and security considerations and incentives. The whistleblowing procedures required by the SOX legislation, the air passenger data conflict, the SWIFT case, as well as the introduction of new technologies such as Blackberry, Google Street View and the use of biometrics in border control processes are just a number of examples of how different the views are on both sides of the Atlantic and what frictions can arise as a result thereof. Is there a sufficient level of awareness, what can be done to create a more level playing field and what contribution can lawyers, the business community and the political leaders make?
On-line publications
Computerrecht - Search Engines: Internetzoekmachines: zegen of gesel?
CPDP Conference Who is Who
