IT-Law

PLANIT // LEGAL accompanies you in all aspects of IT law. In particular, we offer advice on IT contract law, software licensing and copyright law as well as on IT procurement, IT compliance, IT, licensing and data protection due diligence. As IT law experts with outstanding knowledge of the technical background, we also represent you in court disputes.

IT Contract Law

From the purchase of standard software to major IT projects with subsequent maintenance and servicing – today’s IT departments are confronted with IT contracts on a daily basis. Legal advice by an expert in all phases of contract drafting and negotiation is the foundation of any successful business relationship. The timely review by legal experts is worthwhile. Questions of interpretation, gaps in the contract and the resulting disputes are thus avoided from the outset. Should an emergency nevertheless occur, you are protected by adequate contractual security mechanisms.

We know the traditions of the industry and know when a contract is advantageous for you and where it should be renegotiated. Our advice covers all aspects of IT contract law, in particular drafting, reviewing and adapting of

  • software development, maintenance and servicing contracts
  • license agreements
  • data center contracts
  • hosting and housing contracts
  • framework agreements and service certificates

As part of our IT legal advice, we also examine related areas of law such as copyright, competition, data protection and cartel law. Our advice always considers your entrepreneurial perspective and the technical background. For only if a contract ideally secures your goals and interests in each application scenario, you are optimally advised. This is exactly what we aim for.
In addition to advising you on the drafting of individual contracts, we are also glad to support you with our know-how in setting up a strategic contract and license management.

References (selection)

  • Use of open source components in a space project
  • Negotiation of framework agreements and service certificates for the use of various SAP components
  • Preparation of model contracts for hosting and housing business models
  • Preparation of a model contract for the licensing of diagnostic software
  • Advice on licensing various virtualization software (e.g. VM Ware), e.g. in the context of SaaS business models
  • Preparation and control of general terms and conditions contracts for the purchase and rental of telematics software
  • Preparation of contracts concerning web analysis services for sales optimization in online distribution

IT Projects

IT projects entail a considerable economic commitment for clients and contractors. Contractual regulations are correspondingly complex, especially if there are interfaces to several service providers or the project is to be implemented using agile methods (such as Scrum or Canban). We advise you in all phases of your IT project. The decisive course is usually set at the start of the project. Already the preparation of the functional and technical specifications set the course for the success of your project. Therefore, our consulting ideally starts at an early planning stage.

We know what “best practice” is in the project business and how to effectively avoid pitfalls right from the start. Our consulting services include in particular:

  • Drafting of IT project contracts (according to waterfall or agile procedure model)
  • Leading and advising in contract negotiations
  • Advice on project companies and joint ventures
  • Legal support for IT projects

Even if IT projects are set up well, there may be delays, deficiencies in execution or disputes between the project participants. We won’t let you down and stand by your side as experts for legal questions and technical backgrounds. We analyse your legal leeway, discuss with you the strategy for the enforcement of your rights and implement the necessary steps quickly and effectively so that your interests are optimally protected during project implementation.

References (selection)

  • SAP implementation projects
  • Second generation outsourcing of core banking systems
  • Outsourcing of technical credit card processing
  • Migration of enterprise resource planning systems, for example from IBM/RPG to Java
  • Advising an institution under public law on a development project with several service providers in the field of traffic infrastructure
  • Advising the client (insurance industry) on a implementation project and ongoing project support during the implementation phase
  • Workstream lead for the IP area of a carve-out of the IT division of a technology group

E-Commerce and Internet Law

PLANIT // LEGAL advises on all issues related to online distribution and marketing channels. The legal framework for the operation of websites, online shops and mobile marketing channels is no longer manageable for laypersons and non-specialised lawyers. Increasing regulation and constantly changing case law lead to great legal uncertainty. We ensure transparent conditions and advise agencies and companies on the creation and operation of websites, online shops and mobile applications (apps).

Our consulting services include in particular:

  • legally compliant design of online shops and websites
  • Measures to avoid liability for online content and social media activities
  • Preparation of privacy policies and terms of use for websites and apps
  • Preparation of documents to fulfil information obligations in eCommerce and mCommerce
  • Review and preparation of general terms and conditions for web shops and online distribution systems
  • Review and adjustment of ordering processes

References (selection)

  • Advice on a contract for fulfilment as a subcontractor of a shop operator
  • Preparation of privacy policies and terms of use for apps concerning information and distribution in local public pessenger transport
  • Preparation of privacy policies for websites concerning the distribution of travel services
  • Preparation of a contract for the client concerning the relaunch of his sales platforms and bundling of his marketing activities
  • Creation of app terms of use for the evaluation of marketing activities

Litigation – Representation in legal Disputes

PLANIT // LEGAL represents you in court and arbitration proceedings as well as in mediations in IT law. We are IT law experts with outstanding knowledge of the technical background. This enables us to competently assess your case and take the right steps to protect and enforce your rights. Only those who consider these two aspects of an IT dispute can achieve optimal results. Rely on PLANIT // LEGAL when things get serious.

We advise in particular on the following issues:

  • Software projects in trouble
  • Dispute over deficiencies of complex IT systems
  • data center outages
  • Defence against claims for damages
  • Interim relief in the event of acute disruptions to your IT systems
  • Domain disputes and arbitration proceedings

References (selection)

  • Cooling failure in a data center
  • Unauthorized access to control systems in the field of renewable energies
  • Domain arbitration according to the UDRP (Uniform Dispute Resolution Policy)
  • Enforcement of salary claims of software developers
  • Disputes concerning the wrongful consulting of a supplier of business standard software
  • Representation in data protection lawsuits for information

Software Licenses and Copyright Law

The protection of intellectual property is an essential success factor for companies that offer software or other products and services of our digitized society. Advice on licensing and copyright issues requires experience and profound knowledge of the applied technologies and the corresponding marketing forms. PLANIT // LEGAL advises right owners, agencies, media companies, infrastructure providers, IT and Internet companies, freelancers as well as licensees and customers on all questions of software licensing and copyright law.

Consulting services include in particular:

  • extrajudicial advice on licensing issues
  • Representation in legal licensing disputes
  • Representation in license audits
  • Advice on setting up a license management system
  • Advice on licensing conditions and Open Source

References (selection)

  • Use of open source components in the distribution of software via Docker
  • Use of external databases via screen scraping for own online offers
  • License terms for proprietary and open source software within the scope of outsourcing and software development projects
  • Acquisition and management of Microsoft volume licenses within the scope of data center operations

IT Security

Secure IT systems protect your data and your know-how. IT security is therefore an important aspect of business. In addition, there are numerous legal obligations to comply with and document IT security standards. For example, the German IT Security Act obliges operators of critical infrastructure to implement a comprehensive IT security management. Banks and insurance companies are also subject to strict requirements under supervisory law, but every other company is also obligated to IT security management including its documentation.

Our consulting services include in particular:
State analysis of the existing data processing processes as well as the technical and organizational measures.

Among others, the following aspects are analysed:

  • Engagement of external service providers with access to personal data and contractual documentation
  • Engagement of the company itself as a service provider with access to personal data and contractual documentation
  • Existence of a data protection risk management system
  • Existence of an incident management (contact person, emergency manual, etc.)
  • Processes for dealing with data subject’s rights and/or official enquiries
  • IT guidelines / training concepts
  • Identification of legal and contractual information obligations (e.g. according to BSIG, BDSG/GDPR)
  • Identification of particularly risky situations

Implementation of necessary measures for legal compliance in the area of cybersecurity

  • Adaptation of existing data processing processes and technical and organisational measures to ensure compliance with the law
  • Minimization of particularly risky situations
  • Establishment of an emergency plan and crisis management team for the event of data loss
  • Preparation and training of IT guidelines

Crisis management in the event of data loss

  • Advice and support on legal and contractual information obligations (e.g. vis-à-vis data subjects, the supervisory authority or the BSI)
  • Advice, support and representation in disputes with supervisory authorities
  • Examination and defence of claims for damages by data subjects
  • Advice, support and representation of claims for damages against a contractual partner due to an infringement of contract
  • Examination and assertion of claims for damages
  • Examination and assertion of an insurance claim
  • Coordination of public relations work

Thanks to our information technology background, we do not merely make abstract recommendations. We provide you with concrete and tangible advice and keep a close eye on the needs of your company’s IT.

References (selection)

  • Documentation concepts for IT security
  • PCI-DSS compliance
  • Audit by supervisory authority due to a security gap in an online shop system and the loss of customer data on a large scale

IT, License and Data Protection Due Diligence

The economic and legal evaluation of the target (due diligence) is an elementary component of every corporate transaction (M&A transaction), whether merger, company acquisition, spin-off or carve-out. The evaluation of the IT, license and data protection management of the target is of decisive importance and too often neglected. This applies in particular to online or IT-driven targets, but also to targets with traditional business models. You should avoid slumbering IT, licensing and data protection risks for your deal. We carry out your IT, license and data protection due diligence. We also have access to a network of experts for virtually every aspect of an M&A transaction and are therefore ideally equipped to handle your entire M&A transaction.

Our consulting services include in particular:

  • Implementation of IT, licensing and data protection due diligences
  • Support of due diligences in the areas of IT, licensing and data protection law
  • Organization and coordination of M&A transactions

Thanks to our information technology background, we do not merely make abstract recommendations. We provide you with concrete and tangible advice and keep a close eye on the needs of your company’s IT.

References (selection)

  • Execution of an approx. 1-year legal and technical software license due diligence for a European space agency
  • IT/IP due diligence in the context of a carve-out of the technology division of a corporate group
  • Audit of the IT and license management of various companies within the scope of due diligences with targets in various sectors
  • IT and data protection due diligences for the acquisition of various online-driven targets for a multi-media group

IT Procurement

The public sector procures IT projects in strictly formalised procurement procedures. Even small mistakes can have serious consequences. Participating companies are then threatened with exclusion from the procurement procedure. The procuring authority is threatened with the contestability of the procurement procedure. Procuring authorities and bidders are therefore well advised to have the procurement procedure accompanied by experts from the outset. However, legal pitfalls cannot be ruled out even after the procurement procedure has been completed. Bidders who are unsuccessful can have proceedings reviewed by public procurement tribunals and, if necessary, by administrative courts.

Our consulting services include in particular:

  • Advice on the legally compliant structuring of procuring procedures
  • Preparation of tender documents based on EVB-IT, for example
  • Support in the preparation of quotations
  • Review of procurement decisions

Thanks to our information technology background, we do not merely make abstract recommendations. We provide you with concrete and tangible advice and keep a close eye on the needs of your company’s IT.

References (selection)

  • Continuous consulting of an IT service provider within the scope of its participation in tenders
  • Procurement procedure for services of “setting scanning
  • Examination of the necessity of a restart of the procurement procedure (Sec. 132 of the German Act against Restraints of Competition, GWB)

IT Compliance

For companies, the operation of IT systems entails numerous legal obligations. For example, there are archiving and documentation obligations, obligations to implement an effective IT security and data protection organisation or sector-specific requirements for banks, insurance companies or companies in the healthcare sector. IT compliance describes a structured procedure for identifying these and other relevant obligations, assessing them on a risk basis and controlling them in such a way that corporate and management liability as well as financial or reputational damage is avoided.

Our consulting services include in particular:

  • IT Compliance Audits
  • Development of an IT compliance organization
  • Preparation of IT documentation
  • Representation in Compliance Violations
  • Reputation management in „compliance scandals“

References (selection)

  • Auditing and evaluation of the IT compliance documentation of an automotive supplier
  • Evaluation of the IT security strategy and documentation in connection with the operation of online shops
  • Representation in official supervisory and fine proceedings concerning the non-implementation of IT compliance measures