IT Contract Law
Covering everything from large-scale IT projects through software acquisition and maintenance to the use of freelance employees, today’s IT departments are dealing with agreements in all areas of work. Legal counsel provided by a both experienced and skilled lawyer, in Germany ideally officially certified (as a ‘Fachanwalt’) in his chosen area of expertise (e.g. IT law) is of critical importance. Both during the drafting and the negotiation phase of a contract it lays the foundation for all promising business relationships.
A timely assessment by legal counsel does pay off: Questions of interpretation, contractual gaps and disputes resulting thereof can be avoided from the outset. Should a crisis occur all the same, you are protected by adequate contractual protective mechanisms. What is more, thanks to our counselling experience we have intimate knowledge of the customs of the sector and can advise you as to when a contract is favourable and when renegotiation is indicated.
We offer legal advice in the whole area of IT contract law, e.g.:
- Software development agreements
- Licence agreements
- Maintenance agreements / Software service agreements
- Hosting agreements
- Master agreements, project agreements
Obviously, while providing legal counsel in IT matters we also cover the adjacent fields of law like copyright, competition and data protection law as well as antitrust law, if applicable. At the same time, we constantly keep our focus on the entrepreneurial perspective and the technical background. Because it is only by making sure that an agreement is safeguarding your commercial interests in any event while accurately mapping the legal arrangements and the technical reality of the project that you receive the best possible advice. And this is our ambition.
Irrespective of legal advice for specific purposes, we also offer assistance in the development of strategic contract and licence management.
IT projects involve a substantial economical engagement on the part of the customer as well as the contractor. Accordingly, the contractual arrangements are frequently complicated matters. We are offering legal advice in all stages of the project. Ideally, this already starts with drafting and negotiating of a contract. Only if your commercial interests are addressed properly in the text of the contract you stand a good chance of asserting them in ensuing disputes, if necessary. Due to our extensive experience with project contracts directly from practice we know what is ‘best practice’ in the project business and how to avoid pitfalls from the get-go.
We offer legal advice in the area of IT projects covering (among other things):
- Assistance in the conduct as well as leading of contractual negotiations
- Drafting of contracts (e.g. master agreements, software development, licencing, maintenance, hosting)
- Verification and adaptation of existing contracts
- Advice on project companies
Of course, we also provide assistance in case of delays, defects or disputes with the project partner (something which is not uncommon, unfortunately). Here, too, a skilled and professional dissemination of the technical background comes in especially handy. This way we are able to analyse your legal options efficiently and to offer you the best possible advice.
E-Commerce and Internet Law
PLANIT // LEGAL advises and helps on any matters concerning the distribution channels internet and email. For non-experts, the legal framework for the operation of websites as well as advertising on the internet is almost incomprehensible. The constantly changing legislation leads to legal uncertainty.
We advise agencies and shop owners on how to create and manage internet pages and online shops. We especially advise clients on any liability for the contents of their sites, in the matter of e-commerce, social media and issues of telecommunications law. Furthermore, we examine your webshop on legal conformity.
We offer extra-judicial representation and litigation in all IT-related legal disputes.
In order to provide the best possible legal advice in all technical or even IT-forensic circumstances, it does not suffice to shed light on the issues from a legal point of view. In fact, it is necessary to be able to understand the technical facts and circumstances of the case at hand both comprehensively and efficiently. Only he who – like us – is capable of bringing both standpoints together and possesses profound legal and technical proficiency is able to ask the right questions and to develop the best solutions for your concerns. Your convenience is at the heart of everything we do.
Due to the special qualifications both Claudia Bischof and Dr. Bernhard Freund hold as ‘Fachanwalt für IT-Recht’, i.e. lawyers officially certified in IT law their chosen area of legal expertise, and due to our technical background, we are also happy to represent you in litigation dealing with particularly difficult technical matters, such as:
- Software projects in difficulties
- Disputes involving defects of complex IT systems
- Breakdown of data centres
- System controls
Software Licences & Copyright Law
In the digital age, the protection of intellectual property is an essential success factorof one‘s own company. The foundation of succesful advising in copyright issues is experience and profound knowledge of the different sectors and technologies as well as the constantly changing legislation.
We at PLANIT // LEGAL advise copyright holders, agencies, media companies, infrastructure providers, IT and internet companies, freelancers as well as license holders and clients. Our spectrum includes out of court consultations, the representation in legal disputes regarding any copyright issues, usage and infringement questions, license contractors, license and portfolio management.
Data Protection Law
The confidential handling of personal data is a key factor in gaining and keeping new clients. If you ignore these aspects, you might losepotential clients to the competitors. The handling of employee data is also subject to provisions of the German Data Protection Law. Infringements against this legislation are punishable.
Please take data protection seriously– whether, your business is situated in the online sector or in the traditional branches of industry.
PLANIT // LEGAL supports data protection supervisors, HR and IT departments with the implementation of complex legal requirements andthe establishment of safe legal business procedures.
- the general requirements set out in Section 9 BDSG (Federal Data Protection Act)
- the special requirements in the telecommunications sector
- regulatory requirements for special service providers (MaRisk)
- future requirements, e. g. according to the IT Security Act
Thanks to our background in information technology, we do not restrict ourselves to abstract recommendations. Instead, we provide you with concrete and useful advice while carefully tending to the needs of your company’s IT department.