IT, E-commerce and Data Protection

The law of Information Technology and E-commerce is one of our core areas of expertise. We advise a wide range of clients with respect to all IT-related agreements, including software and technology licenses, support, maintenance and other services contracts, agreements related to online distribution, and other contracts entered into by our IT clients. Consistent with the Firm’s general philosophy, our attorneys continuously work on acquiring thorough knowledge of our clients’ business operations, so as to render advice and structure legal solutions that are closely aligned with the business needs of the client.

In addition to our IT transactional practice, we specialize in the rapidly evolving body of laws that apply to IT and to e-commerce. This area of the law is complex and involves both statutes and court-adopted rules that affect a broad span of business activities, including rules related to online sales (in particular in the business to consumer sector), data protection, advertising and other statements made on the Internet, internal compliance measures, and other areas that affect most companies. We advise our clients with respect to these requirements and help them achieve compliance in the most cost-efficient manner.

Our clients include well-known software companies operating internationally, IT operators from various sectors, mail order companies, internet platform operators and digital content providers such as publishing houses, and other IT-focused companies, together with businesses operating in other industries that require advice with respect to their Internet presence, use of software and IT systems, or other issues arising in this field.

Our main focal point is in consultation outside of court. We draft and manage IT-related contracts, establish general business and license conditions and conditions of use, and assist our clients with disputes over defects and delays on projects. We also have many years of experience in legal enforcement. We frequently reach solutions to legal IT issues, e.g., in data protection law, across specializations by working together with our experts in labor or administration law. When the need arises, we can also contact EDP (electronic data processing) experts, IT security experts and external data protection agents.

Range of Services

Software

• Software license agreements, software distribution (including innovative distribution models such as download platforms, software as a service, cloud services)
• Project agreements concerning the development of individual software
• Agreements concerning the care and maintenance of software, service level agreements
• Agreements concerning source code escrow
• Outsourcing
• Enforcement of and defense against claims due to software defects, assistance during project difficulties
• Enforcement of and defense against claims due to copyright infringement

Internet

• Domain name disputes
• Legal requirements for websites
• Conditions of use
• Internet-specific forms of advertisement (e.g., banner advertisements, links, AdWords, search engine optimization)
• Liability for statements made on the Internet (e.g., on websites, rating platforms or in blogs)

E-commerce

• Legally secure design of web shops and e-commerce platforms (B2B and B2C)
• Consumer protection online

Data Protection

• Drafting of privacy statements and consent forms
• Assessment of the admissibility of data collection and data use
• Legal data protection agreements, particularly in the area of outsourcing of data management (domestically and internationally)
• Protection of employees’ and patients’ privacy
• Representation before supervisory authorities