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IT Law

The Law of Information Technology in all its facets is an exciting cross-sectional subject matter that has been familiar to us since its inception. IT law characterises our daily work and engages our lawyers and teams across several law firms with a variety of focal points. Specific expertise is simultaneously concentrated on individual core competences. In doing so, we not only know the law, but also have an understanding of technology.

We can help with
  • Hardware and software contracts

    We draft and review IT contracts from acquisition and development, through adaptation and use, to the maintenance and servicing of software or hardware. We are also happy to guide you through the contract negotiations for you or provide advice if your IT project goes wrong.

  • E-commerce and distance selling

    From the classic B2C online shop to the marketplace solution: we advise and support providers and operators in legal implementation, prepare the necessary legal texts and monitor required information obligations.

    More about e-commerce

  • Mobile apps

    You want to offer your solution as a mobile application or distribute content or services via such mobile offers? We understand the specifics.

  • Social media

    Be it your own corporate presence on a social media platform or the distribution of content or offers via such platforms – we will show you the legal pitfalls.

  • Platforms and Cloud Computing

    We advise platform operators, SaaS providers or other service providers of cloud solutions on the creation and enforcement of user guidelines and other legal texts as well as the structuring of the various legal relationships.

  • Online- und e-mail marketing

    We will show you which forms of digital advertising (e.g. e-mail, lottery, social media, display, search engines, affiliate) are possible and what you need to be aware of. Our consulting services range from the classic distribution list to advertising networks and CRM & DMP solutions.

    More about online marketing

  • Open source

    Software development is not possible without open source. We can advise you, both as a provider of an open source solution and with regard to the use of open source solutions from third parties. When drafting software contracts, we always keep the possible use of the various open source models in mind.

  • Digitalisation 2025

    AI, Blockchain, Industry 4.0, carIT, E-Learning and Smart Data. Topics of the digital future are affecting us even today, because for many of our clients the future is already part of their everyday practice.

  • Provider contracts

    We advise providers of IT services such as ASP, housing and hosting as well as in the context of cloud solutions on the legal structuring of customer relationships, from the contract offer to the service level agreement.

  • IT Transactions

    We advise and assist in IT transactions, from the sale of system solutions and other IT know-how to restructuring measures, including measures to secure own legal positions such as software escrow.

  • Online sales and online commerce

    We can support you in setting up online distribution systems and in designing your digital business model, right up to the Omni-channel system.

  • Procedural law

    Our specialists in procedural and litigation law will assist you in disputes, both in court and in arbitration, conciliation or mediation, in order to help you assert your rights.

    More on procedural law

  • Employment Law

    Our employment law specialists will provide you with the necessary agreements and other legal texts, such as BYOD agreements, e-mail and internet use, IT guidelines and agreements for freelance developers.

    More on employment law

  • Websites

    Whether website/platform creation, protection of digital content or domain disputes: we provide advice on all issues relating to securing your digital presence and ensure compliance with the legal requirements for telemedia.

  • Data protection

    IT law has to be based on data protection. We always bear in mind requirements from the DSGVO or other data protection regulations.

    More on data protection law

  • International IT Law

    Digitisation does not stop at national borders. With our close network of colleagues all over the world, we are also prepared for European and international projects.

  • E-signature, e-payment, e-invoicing

    Are you or are you planning to be entirely digital from conclusion of contract to invoicing and payment? Then we will advise you on the legal requirements and possibilities, including electronic signature procedures.

  • IT tenders

    If you are in the public sector or wish to apply for a public procurement procedure, our team will advise you on all relevant provisions of IT law relating to public procurement law and support you in the use of EVB-IT ( additional T&C provisions relating to IT procurement).

References
(Non) implementation of an ERP

In connection with the failed implementation of an ERP solution, we advise and represent the provider in and out of court to defend against alleged claims for damages.

Integrated hardware-software packages

We are drafting business and licence conditions for a research and development institution, which include the sale of hardware components for industry with permanently integrated control software.

SaaS courses

We are advising a provider of IT compliance solutions on the conversion of its software products to a completely cloud-based offering, and in this context we are conducting training courses for the company’s decision-makers.

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The book
Internetrecht (Internet Law)

by Niko Härting

for more information (in German) about the newest 7th edition, click here

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Contact Person
Daniel Schätzle
Send email
Phone +49 30 283057453
Team
Latest Insights
AI Literacy in Companies – Do Companies Need an AI Officer? And if so, How Many?

19. August 2024
by Marlene Schreiber & Vitorio Dimov

When considering the extent to which companies need to train their employees and whether an AI officer is required in connection with the use of AI, the future reference point will be the Artificial Intelligence Act (commonly referred to as the AI Act). The key provision is Article 4 of the AI Act, which regulates the requirements for companies regarding their „AI literacy.“ Article 4 stipulates that providers and operators of AI systems must take measures to ensure an „adequate level of AI literacy” among their employees and other persons involved in the operation and use of AI systems on their behalf. In addition to technical knowledge, the law also specifies appropriate training to determine the adequate level of literacy.

Video Game Concepts – No Copyright Protection for Game Ideas

23. July 2024
by Lars Thiess

Even in times of the "eSports Winter," the gaming industry continues to grow steadily and has become one of the largest entertainment media in the world. Last year alone, the industry's revenue in Germany rose to nearly 10 billion euros. Innovative game concepts and unique game designs are crucial for the success of video games. The competition for media attention and players is fierce. It is not uncommon for basic concepts and game ideas of successful games to be adopted by competitors to offer similar games and benefit from the hype of the original game. It is therefore not surprising that legal proceedings in the industry are also increasing. The Cologne Regional Court recently dealt comprehensively with the copyright protection of game concepts and the limits of imitation.

Artificial Intelligence: The AI Act is Here!

18. July 2024
by Marlene Schreiber, Vitorio Dimov and others

The rapid development of Artificial Intelligence (AI) has far-reaching impacts on all areas of life. The European Union (EU) has recognized that an appropriate legal framework is necessary to ensure the responsible use of AI and aims to be a leader in trustworthiness as well as innovation. For this reason, the AI Act has been enacted. The regulation, which has direct effect in the member states, sets clear rules and standards for dealing with AI models, AI systems, and AI content.

Read more
More about us
Expertise
Artificial Intelligence

Artificial intelligence will not replace humans, but it will have a significant impact on the way we work and on the development of our clients' products and services. Although AI or Artificial Intelligence is not new, its development and practical application has grown exponentially. The rapid expansion and almost daily new developments in the field of artificial intelligence raise numerous exciting and highly complex legal issues. The market penetration of generative AI models, such as the Large Language Model ChatGPT, and the associated legal, social and political debates show that this is not just a trend, but a huge economic upheaval. We advise companies that want to develop their own AI tools or implement existing AI tools in their own business model. In doing so, we place particular emphasis on effective consulting with the goal of identifying and minimizing potential risks. We are convinced that innovations can also be shaped within the framework of legal regulation and that the opportunities offered by artificial intelligence can be harnessed.

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Expertise
IT Security

Without adequate information security, digitisation is not possible. We offer advice on the legal aspects of IT and data security.

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