IT Law

IT law (Information Technology Law) is a dynamic and evolving area of law, closely intertwined with technological innovation in the digital world. Rapid developments such as cloud computing, Industry 4.0, big data, social media, and data protection constantly raise new legal questions. The challenge is to align new technologies with existing legal frameworks.

Since information technology now permeates nearly every aspect of life and business, IT law is highly interdisciplinary. It draws from various legal fields, including contract law, e-commerce, cybersecurity, and intellectual property. From app development and general terms and conditions (GTCs) to data breaches and software piracy – IT law covers a broad spectrum.

Need advice on a digital legal issue or looking for an IT law attorney? Contact our experts by phone (+49 40 7344086-0), WhatsApp, email (mail@sbs-legal.de), or via our contact form for a free initial consultation.

Our Focus Areas in IT Law

• Contract law for IT (incl. drafting of individual contracts and GTCs)
• E-commerce and multimedia law (Internet law), incl. provider agreements and terms of use
• Intellectual property in IT, incl. domain law and trademark law
• Data protection law (GDPR), IT security (encryption, e-signatures)
• Telecommunications and network law
• Public procurement law related to IT (e.g., e-government)
• International IT law and private international law (e.g., CISG)
• Criminal law aspects such as software piracy, and procedural IT law

Apps and the law

Apps are everywhere – from weather forecasts to scheduling tools. But even simple apps involve complex legal considerations.

For example, the type of contract used to hire an app developer (service vs. purchase agreement) impacts warranty, liability, and termination rights. Software contracts must clearly define the duties of each party. Vague or verbal agreements often lead to disputes that are hard to resolve in court.

Legal risks also arise from relationships with end users and app store providers, which must be factored into the development process.

Questions include:

• Who is liable for app-related damages?
• Who ensures compliance with app store terms?
• What about GDPR compliance once the app is published?

Early legal guidance can help avoid costly consequences – especially in data protection, where violations can trigger high fines.

Misleading Cookie Banners

In a 2021 ruling, the Regional Court of Frankfurt found a cookie banner misleading: cookies were stored before user consent was obtained – a clear GDPR violation and unfair competition under German law.

Cookies may only be used after informed, active consent (opt-in). A cookie banner that looks compliant but doesn’t affect actual cookie behavior can mislead users and result in legal action.

Legal Enforcement Challenges with Telegram

Telegram continues to draw criticism for its role in spreading hate speech, fake news, and illegal content. The Network Enforcement Act (NetzDG) was designed to hold platforms accountable, including fines for non-compliance.

However, German authorities struggle to identify Telegram's operator or even its country of origin. Despite several warnings from the Federal Ministry of Justice, enforcement remains ineffective. As a result, illegal content continues to circulate unchecked on the platform—especially during events like the Ukraine war.

Additionally, Telegram’s lack of transparency regarding user data poses serious privacy risks.

Compliance Failures in Direct Sales

As direct sales have moved from home parties to social media, compliance with IT and data protection laws has become more complex.

Start-ups often prioritize growth over legal compliance—an oversight that can lead to significant fines. For example, in 2020 the District Court of Bonn imposed a €900,000 fine on a telecommunications company for a GDPR violation.

Non-compliance may even attract law firms seeking to exploit legal gaps, demanding data access or threatening to report companies to regulators. Early investment in compliance infrastructure is crucial.

Massive Hack of Microsoft Exchange Servers

In 2021, a major cyberattack on Microsoft Exchange servers—allegedly by Chinese hacker group "Hafnium"—led to widespread data breaches affecting companies, government agencies, and schools.

Microsoft’s delayed response and partial update rollout left many systems vulnerable. Security researchers criticized the company for failing to notify customers, potentially giving rise to contractual damage claims.

SBS LEGAL – Your Law Firm for IT Law

Having problems with software contracts, web compliance, or app development? We’re here to help. Our experienced IT law team supports clients in all aspects of the digital economy.

Have Questions About IT Law?

We’re available via phone, email, contact form, or even social media (Facebook, Instagram, Twitter, YouTube). Let’s discuss how we can support your tech-driven business.

Your first consultation with SBS LEGAL is always free of charge.