About Me

As a partner and IP/IT specialist here at Bird & Bird in Brussels, I lead our Belgian Data Protection, Tech & Comms and Media practices, advising our clients on legal issues in privacy, data, e-commerce, digital marketing, cloud computing, the Internet of Things, AI, 3D printing, cookies, electronic signatures, intermediary liability and automated objects. I also co-head the Bird & Bird international special interest group on Copyright due my large experience in copyright matters with the Court of Justice of the European Union.

My practice is both transactional and litigation. I have extensive experience in drafting and negotiating complex TMT contracts. In addition, I have exceptional expertise in counselling our clients on issues that require the coordination and integration of a variety of legal solutions, such as intellectual property, information technology, media, sport, competition and telecommunications issues.

Advising on contentious matters in front of arbitral tribunals and national and EU courts, I have successfully conducted landmark matters with the Court of Justice of the European Union (CJEU) (in Copyright/Trademark and E-commerce). In the context of our Public Affairs practice I lobby public authorities in relation to the EU and national legislative processes. With my team we are participating as legal partners in number of H2020 EU-funded consortia all focusing on data driven economy issues.

Over the years, I have written extensively and spoken at a variety of events on data, IP and ICT subjects. I am lecturing at various EU universities on IP on data and on contracts (Free University of Brussels (ULB), University of Lyon III, University of Valenciennes and Catholic University of Leuven (KUL). I also act as a substitute commercial judge and mediator/arbitrator at the World Intellectual Property Office.

I recently co-authored the book 'Vers un droit européen de la protection des données?' (Larcier), in which I focused on companies' compliance obligations with respect to the GDPR. I am one of the twelve expert members of the Belgian Council of Intellectual Property which advises the Government on new IP legislation.
Cases
  • CJEU C-833/18 Brompton Bicyles
  • CJEU T-122/17 Devin AD vs EUIPO
  • CJEU C-70/10 Scarlet Extented vs Sabam
Education

Studied

  • University of Cambridge, LLM, Law
  • Deutscher Akademischer Austauschdienst Universität Tübingen, Postgraduate, Law
  • Université libre de Bruxelles, Master's Degree, Law

Admissions

  • Barreau de Bruxelles Ordre Francais in 1987
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Testimonials

Benoit was named as a member of the Legal 500 Hall of Fame, identifying him as a lawyer who has constant praise by their clients for continued excellence.

Legal 500 - Hall of Fame 2018

Benoit van Asbroeck is well regarded for his work in the technology field, including advising on IT contracts, disruptive technology and consortium agreement matters.

Chamber Europe 2017

He has a very deep knowledge of trade marks, while also highlighting his skills in strategy.

Chambers Europe 2019

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