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Olaf Haperen, van, Partner

Olaf Haperen, van

Partner

Languages

Dutch and English

Practice areas

  • Commercial and IT
  • Intellectual property
  • Licensing
  • Outsourcing and offshoring
  • Privacy, data protection and cybersecurity
  • Technology

Practice notes

Olaf, senior technology partner, has studied both Law and Biology at Leiden University and heads the TMT practice in the Netherlands. Olaf has over 25 years of experience in (technology related) IT, Data Protection and IP. His legal experience includes in house roles at listed IT companies and building IP/IT teams.

Having also studied Biology, Olaf is the go to lawyer for technology and science driven clients. He advises on all aspects of Data Protection, IT and IP related topics, that range from healthcare institutions, FMCG multinationals to software and block chain leaders and main stream industrial companies.

Since 2015 Olaf is a member of the Dutch Association for Intellectual Property Litigators and since 2017 he is the representative of the Confederation of Netherlands Industry (VNO-NCW), the arbitration counsel for copyrights. Olaf is head lecturer on privacy law at the Law Academy (Academie voor de Rechtspraktijk), he recently co-founded the professional association of privacy lawyers (recognized by the Dutch Bar Association) and has initiated a number of pioneering court rulings both in privacy and intellectual property law.

Olaf is an active member in a range of professional associations in the Netherlands and regularly speaks and teaches on topics in his area of expertise in the Netherlands and abroad.

Olaf was recently ranked in WTR 1000 with the remarks: "Global superstar Eversheds has made a concerted effort to bolster its IP offering in the Netherlands this year. The acquisition of leading strike force Benjamin van Kessel, Thera Adam van Straaten and Olaf van Haperen is sure to elevate the outfit to the next level."

Clients praise Olaf: “Both in litigation and advice Olaf is very client focussed and “wants to win”. He draws on his extensive experience and his ability to think laterally to achieve this goal, showing impressive creativity

Work examples

IT:

  • Advice on the import and export of dual use products such as software, encryption technology, advanced computer parts and chips as well as licensing and joint venture research and production set ups of these products;
  • Successful litigation and arbitration (amongst others) before the SGOA (the leading, independent non-profit centre for IT Conflict Management, specialized in conflict prevention, mediation and arbitration in the field of IT) regarding forcing and implementation conflicts;
  • Advice on and implementation of the rollout of user terms and privacy statements of IOT-services by a US based consumer product manufacturer (included privacy [compliance], international data transfer, data storing and product liability).

Privacy: 

  • Counselled a number of healthcare institutions and industry players in negotiations and compliance projects with the Dutch National Privacy Authority;
  • Drafted Binding Corporate Rules and implemented standard contractual clauses, advised on Safe Harbour and Privacy Shield aspects for several multinational companies;
  • Advice on the lawful bases of all processing of the Dutch Citizen Service Number by Dutch Healthcare Insurance companies (a collective matter on joint instruction from all Dutch Healthcare Insurance companies);
  • Advice and litigation on the use of big data using pseudonymization and anonymization technics resulting in leading case law in the Netherlands;
  • Advised, on joint instruction, all Dutch Institutions of Higher Education and Universities on their monitoring activities of student behaviour, compliance advice and coordination with the DPA;
  • Permanent assistance of the global legal department of a top-5 FMCG company for protection and data security.

IP:

  • Patent advice on freedom to operate and successful litigation for various technical companies such as software companies, electro technical suppliers and (Chinese) hardware production companies;
  • Successful patent litigation on the protection of colouring methods of (Phaleanopsys) Orchids in the Netherlands;
  • Successful litigation since 2015 for a Pharmaceutical Multinational, in the multi-jurisdiction proceedings on the invalidity of the purple single-color trademark registration for an asthma/COPD inhaler where the counterparty filed infringement proceedings against our client’s generic use of lilac;
  • Successful litigation on trade secrets and passing off between two industry players in warehousing and logistics installations on loading docks;
  • IP restructuring, licensing and permanent assistance to the global leader in the panelling and high pressure lemonade sector.