Astrea / Posts by Levi Van Dijck

Posts by Levi Van Dijck

Oral communication of personal data can constitute “processing” within the scope of the GDPR

08-04-2024

In a recent judgment (Case C-740/22), the European Court of Justice (“the ECJ”) has ruled for the first time that the oral transfer of personal data can – under certain circumstances – be considered as “processing of personal data” within the scope of the GDPR. In this case, the Finnish company, Endemol Shine, made an […]

Astrea appoints 3 lawyers as counsel

15-01-2024

Article only available in Dutch.

The “vehicle identification number” (VIN): personal data under the GDPR? The Court of Justice says yes… or not?

15-12-2023

On 9 November 2023, the European Court of Justice ruled in case no. C-319/22 on the interpretation of article 61 of Regulation 2018/858. This article imposes an obligation on vehicle manufacturers to provide information from the on-board diagnostic system as well as vehicle repair and maintenance information to independent operators. One of the preliminary questions […]

AI and copyright

25-10-2023

It is clear that the rise of artificial intelligence “AI” poses different challenges in different areas. One of these areas is copyright, and in particular the requirement of authorship, which will be discussed in more detail in this contribution. Works are protected by copyright when the work (i) is expressed in a concrete form and […]

The new EU Regulation 2023/988 on general product safety is entering into force on 12 June 2023 and shall apply from 13 December 2024

07-06-2023

The new EU Regulation 2023/988 on general product safety is entering into force on 12 June 2023 and shall apply from 13 December 2024. Directives 2001/95/EG and 87/357/EEG will be repealed and replaced by this Regulation. This Regulation brings the existing rules on “general product safety” in line with the recent developments in digitalization and […]

Juventus’ trademark rights infringed by NFT, says Rome Court!

18-11-2022

On 19 July 2022, Juventus Football Club s.p.a. (“Juventus”) was granted a preliminary injunction by the court of Rome against Blockeras s.r.l. (“Blockeras”) concerning the minting and marketing of NFTs. Juventus had initiated preliminary injunction proceedings against Blockeras claiming Blockeras committed trademark infringement through the unauthorized production, marketing and online promotion of digital playing cards […]

Green-branding in fashion: a trending marketing strategy.

27-09-2022

Good marketing is storytelling. It is making the consumer believe they have to be part of an experience. Today, we see a surge in fashion houses adopting marketing strategies and campaigns centered around sustainability and the environmentally-friendliness of their garments. As consumers tend to make more environmentally conscious decisions in their day-to-day lives, the fashion […]

Usain Bolt trademarks his lightning bolt move

24-08-2022

Usain Bolt, also known as the world’s fastest man, submitted a trade mark application to the United States Patent and Trademark Office ( USPTO), requesting the registration of his iconic victory pose the lightning bolt. (see also: De Standaard, The Guardian en Washington Post) According to the application, the Olympian seeks to protect a mark […]

4 NFT lawsuits to follow

25-08-2022

In a previous article (“NFT, THE NEW HYPE. WHAT ABOUT INTELLECTUAL PROPERTY RIGHTS?”) we took a closer look at Non Fungible Tokens or NFTs and explained what exactly these NFTs are. Even though NFTs are not completely new, the first ones appeared in 2015, we are currently entering unknown territory with this relatively new phenomenon. […]

SUMMERY IP DISCUSSIONS: SAY (GREEK) CHEESE

19-08-2022

Whilst you may be enjoying a lunch at some sunny holiday destination, the Court of Justice of the EU has, on the 14th of July, rendered a judgment in the case of the EU Commission against Denmark (C-159/20), that concerns the very salad you may be eating for lunch. The discussion centered around the typical […]

On 1st August 2022, the Belgian law transposing the European Directive on copyright and related rights in the Digital Single Market n° 2019/790 was published in the Belgian Gazette.

08-08-2022

On 1st August 2022, the Belgian law transposing the European Directive on copyright and related rights in the Digital Single Market n° 2019/790 was published in the Belgian Gazette. The implemented provisions entered into force on that same day. The DSM-Directive focuses on the next key points: – 4 new mandatory exceptions to copyright ad […]

A new law on copyright and related rights in the digital market

04-07-2022

The European Directive of 17 April 2019 on Copyright and Related Rights in the Digital Market (Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC), the so-called DSM (Digital Single Market) Directive, had […]

Transfers of personal data under scrutiny: can we still transfer data outside of the EU?

02-02-2022

Every year on the 28th of January we celebrate Data Protection Day, but for many companies there was not much cause for celebration last week, as several rulings have been published in this first month of 2022 putting transfers of personal data to the US further into question. Ever since the European Court of Justice […]

Astrea provides pro bono legal support to promising start-ups and entrepreneurs within the framework of IUSSTART (KU Leuven)

16-04-2021

Astrea, in cooperation with IUSSTART (KU Leuven), assists promising start-ups and young entrepreneurs advising them on potential legal obstacles in the field of business law (mainly company law, contract law, ICT law, IP law and Data Protection Law). Our commercial law department (CMO) acts as mentor to final-year law students who choose to advise the […]

E-Privacy Regulation: can we already see the finish line?

31-03-2021

In the course of February 2021 finally an agreement was found amongst the EU Member States within the European Council regarding a draft text for the E-Privacy regulation which should repeal the Directive 2002/58/EC and also our national legislation concerning a.o. cookies. Following this agreement, the next fase in the European Parliament can start. This […]

Astrea advised DPG Media on the set-up of a Joint Venture with Telenet

03-09-2020

ASTREA acted as lead counsel to the largest media concern in Belgium, DPG Media (owning a.o. the largest broadcasting company in Belgium) in the set-up of an ambitious Joint Venture with Telenet, a listed company (telecom operator, owning, TV platform,  affiliate of the Liberty Group). The purpose of this JV between both champions in their […]