IT Law and Data Protection
With the advancement of digitalization, companies of all sizes are now forced to address IT law issues. Software is purchased, leased or programmed in-house, and software maintenance and service agreements are concluded.
Domains are registered or bought, e-commerce systems are operated, companies’ own websites go live, and e-mail advertising is sent out. Not only are all of these areas technically challenging, but they also entail significant legal risks. This requires good advice. The correct course should be set in advance to prevent crises during the implementation of IT projects or objections by data protection authorities or competition associations, for example.
We assist and advise you on all points of information technology law. This includes providing legal advice and support when contracts are being concluded as well as assistance in negotiations with the counterparty when things are no longer running smoothly in an IT project. We represent your interests in court cases and in dealings with the authorities.
Nowadays, data protection law affects companies across the board. Glitches in or breaches of data privacy are not solely a compliance problem and are followed up by data protection authorities; they are also receiving increased attention from the general public. Since the adoption of the EU General Data Protection Regulation, personal data breaches will carry large fines from May 2018 at the latest. We help you to avoid infringing the law and damaging your image and to implement the data protection requirements of the Regulation in your enterprise.
Given the overlaps between IT law, intellectual property, and competition law issues, our team is made up of attorneys who specialize in the fields of information technology law and the adjacent area of commercial legal protection. Our attorneys work closely with GBIT (Ebner Stolz’s IT Testing division) to tap into its expertise in IT security matters and in the practical management of IT projects for your benefit.
Our services at a glance
- Contracts for buying and selling standard and customized software packages
- Complex sets of agreements for software projects for different process models
- Assisting with IT projects in crisis
- Maintenance and support agreements
- Hardware purchase agreements
- Programming agreements
- Outsourcing arrangements and software leasing (ASP, SaaS, cloud solutions)
- Escrow arrangements (safekeeping of source code)
- Contracts for website development or other IT services
- Helping to resolve disputes over software audits and software asset management (SAM)
- Legal advice in all data protection issues
- Implementation of the requirements of the EU General Data Protection Regulation (possibly also as project support in conjunction with our IT Testing division (GBIT))
- Legally compliant organization of contracted data processing
- Representation in dealings with the data protection authorities
- e-commerce agreements (web shop systems, website content, General Terms and Conditions)
- Advising on domain contracts and helping to resolve domain disputes
- Criminal law advice in the field of IT law
