IT Law

Our team that specialises in solving IT legal problems has many years’ experience in the field of “Information Tech and Telecommunications” and advises IT providers and clients taking into account their particular interests and requirements. Whether it is dealing with artificial intelligence, agile project approaches, IT outsourcing, terms of licence or major industry 4.0 projects – our technology team provides the best solutions for complex problems.

Working closely with Luther’s IP & Copyright Law and Data Protection teams, we can help you draft and negotiate licence agreements such as software licences, ASP contracts, SaaS contracts or other cloud computing contracts. In addition, we also have extensive experience in the fields of IT outsourcing, business process outsourcing (BPO), transitional services agreements and the award of IT contracts by the public sector (contracts based on Supplementary Terms of Contract for the Procurement of IT Supplies/Services (EVB-IT)).

When dealing with agile software projects, we are familiar with the challenges of copyright and contract law in the drafting of contracts, as well as with employment law issues, thus being able to optimally consider the interests of the client or contractor.

When it comes to deploying artificial intelligence (AI) based systems, our team can help you benefit from the advances in AI and comply with current regulatory requirements (AI Regulation), across all industries. As for using AI technologies such as machine learning or deep learning, we are familiar with the complex issues involved, including the protection of performance outcomes and rights to use data and liability issues, which enables us to properly assess the opportunities and risks associated with the use of AI.

We can advise you on the entire process, if so requested, starting with the needs analysis and continuing through the invitation to tender, the award of the contract and the drafting and negotiation of the contract documents and service descriptions, taking into account employment and licensing law issues, IT security and data protection aspects and regulatory requirements, where applicable.

In regulated areas and in the field of financial technology (FinTech), we advise companies from the financial sector, technology providers and providers of new technology-based business models on innovative technologies and digitalisation strategies. This includes, inter alia, the structuring of legal relationships for platform transactions or electronic market places, identification services and authentication requirements or payment services. We provide strategic legal input to ensure the necessary compliance in a highly regulated legal environment. Our lawyers understand the technological interrelationships involved in the use of open APIs and open banking structures, for example, or in the use of mobile apps and payment systems, including the near field communication (NFC) standard, and deal with “data ownership” issues in a manner that serves the respective interests. 

We advise industry 4.0 projects from the production industry with regard to, for example, the marketing of predictive maintenance services and the intelligent control and networking of processes in the smart factory using 5G mobile radio standards. This allows our clients to optimally design their supply chains.