IT Law

IT, computer, data processing, informatics, internet and multimedia law

Information technology law used to be called computer, data processing, informatics, internet and multimedia law. Today, the general term “IT law” is used for short.

Not only the name but also the significance of IT law has changed. This legal field has penetrated all areas of economic activity. IT law also enters into formerly purely analog processes, not least because of the progressing digitalization. Accordingly, business processes are controlled, organized and processed digitally by means of software or they are recorded digitally in merchandise management systems.

The general term “IT law” covers in particular the following topics that are treated by our lawyers on a daily basis:

• Contract law of information technologies including the drafting of individual contracts and GTC,
• Law of electronic commerce, which is better known as e-commerce, and multimedia law (internet law) including the drafting of provider contracts and terms of use (online/mobile business),
• Outlines of intellectual property law in the segment of information technologies, connecting points with trademark law, specifically domain law,
• Regulations of data protection and laws relating to the security of information technologies, including encryptions and signatures, as well as their particularities as specific to professions,
• The law of communications networks and services, in particular the law of telecommunication and its services,
• Public award of contracts for services of information technologies (including e-government) with references to the European and German anti-trust law,
• International connecting points including private international law (e.g. CISG),
• Particularities of criminal law in the area of information technologies (software pirating, etc.) and the particularities of leading trials and litigation.

Our expertise

We are entrusted on a daily basis with work in the constantly changing field of IT law for our clients.

In specific, we create existential contractual bases for manufacturers and buyers of application software and hardware. This includes, among other things, the contractual arrangement and negotiation of conditions in the following areas:

• Software and APP development, software contracts, license agreements, licensing and rights protection for software, and consulting regarding sales of software, and granting rights of use to the same,
• Software as a service (SaaS),
• Service Level Agreement (SLA),
• Negotiation and consulting regarding complex IT projects and outsourcing,
• Regulation or declaration of warnings for trading forged software or for the unauthorized resale of software,
• Data protection such as protection of business secrets,
• Data protection law (EU General Data Protection Regulation),
• Advising in multimedia law and all further aforementioned fields of internet law,
• Support for online shops (e-commerce) for sales processing up to the use of acquired customer data (leads),
• Creation and review of general terms and conditions (GTC) and terms of use,
• Review of the legal compliance of websites (website check),
• References in IT law to labor law,
• Token and ICO smart contracts,
• Communication channels (new messenger in the style of WhatsApp and Facebook Messenger),
• Legally compliant use of platforms such as Twitter, Facebook, Google, Pinterest and Instagram,
• Industrial property rights, trademarks and domains (domain law).

A further focus of our work rests on the legal structure of online advertising and online sales. The internet provides for new distribution channels, multi-level marketing (MML) and advertising measures that must be structured in a technically and legally compliant way. Our aims for our clients here are sales growth and high effectiveness of advertising that are controllable and measurable by means of IT.

As a law firm for industrial property and IT law, we are engaged by successful companies of the IT, e-commerce, software and fintech industry. At the same time, however, we are also pleased to count sole proprietors and consumers coming into contact with IT law among our clients.

We will also be happy to be at your side as a partner in all matters of IT law. If you are facing legal and technical questions and legal relationships under IT law, you are welcome to contact us at any time.