Information Tech &
Tele­communications

• Software and hardware supply contracts (application service providing (APS), software as a service (SaaS), platform as a service (PaaS) or infrastructure as a service (IaaS) agreements)
• Maintenance and support agreements, service level agreements (SLAs)
• Project and service agreements concerning the development, implementation and customisation of software, including drafting “sale and lease backs”
• Escrow and deposit agreements
• Operation of data processing centres and shared service centres
• Distribution of hardware and software (e.g. OEM agreements, end-user licence agreements, reseller agreements)
• Application/use of open source software and “used” software
• Advising and drafting agreements relating to agile software development projects

• Needs analysis and determining needs taking into account legal issues (e.g. data protection or e-government)
• Proof of economic efficiency before and during the procurement measures
• Assisting with invitations to tender for IT contracts
• Choosing and applying the appropriate “Supplementary Terms of Contract for the Procurement of IT Supplies/Services” (EVB-IT) contract templates
• Reviewing service descriptions

• Advising on how to deal with hardware or software defects
• Examining/handling defects in close cooperation with IT experts
• Providing representation in IT disputes before courts or conciliation committees (German Association of Law and Informatics (DGRI))

In the context of IT outsourcing projects, we can advise 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, of course also taking into account employment and licensing law issues, IT security and data protection aspects and regulatory requirements, where applicable. This applies in particular to cloud-based solutions.

• IT and business process outsourcing
• Project agreements regarding complex IT systems
• Advising on cloud computing services
• Exit management
• Advising on the spin-off of individual IT divisions into subsidiaries and related issues (e.g. rights and obligations in the event of a transfer of business)
• Drafting contracts for the outsourcing of essential and non-essential activities and processes, taking into account financial regulatory requirements (German Banking Act (KWG), Securities Institutions Act (WpIG), Payment Services Supervision Act (ZAG), Securities Trading Act (WpHG), Insurance Supervision Act (VAG), Minimum Requirements for Risk Management (MaRisk), European Banking Authority (EBA) Guidelines, European Securities and Markets Authority (ESMA) Guidelines, Minimum Requirements under Supervisory Law on the System of Governance of Insurance Undertakings (MaGO), German Federal Financial Supervisory Authority (BaFin) Guidance on outsourcing to cloud service providers, Minutes of Special IT Expert Committee (BaFin/Bundesbank) on “Cloud/Outsourcing”)
• Advising on regulatory requirements for IT (German Supervisory Requirements for IT in Financial Institutions (BAIT), in German Asset Managers (KAIT), in Payment and E-money Institutions (ZAIT), and in Insurance Undertakings (VAIT), EBA Guidelines)

• Legal requirements regarding IT security and IT compliance
• Advising on implementing the German IT Security Act (e.g. critical infrastructure requirements for the energy, information technology and telecommunication, transport and traffic, health, water supply, food, and finance and insurance industries)
• Assisting with IT audits
• IT security in the employment relationship, e.g. drafting works agreements and company policies regarding the use of e-mail systems and the internet within the scope of the employment relationship
• Legal support for cyber security incidents

In times of digital transformation, data is a central asset on the web and, therefore, is of great importance. In the context of the upcoming Europe-wide digital strategy and the planned legislative projects, the GDPR will play a decisive role in the conflict between data autonomy and competitiveness in new fields of business such as the digital twin or autonomous driving, as well as in the area of digital health. On the ambitious path towards digital transformation, we advise on all relevant legal issues with a view to coming up with a data protection compliant yet practical solution in close cooperation with our IT Law colleagues.

We can advise and support you when there are new developments in data protection, be they new standard contractual clauses, relevant statements issued by the supervisory authorities or developments in data protection law resulting from judgments (e.g. Schrems II).

As the legally compliant processing of personal data is increasingly becoming the focus of companies and supervisory authorities, companies need to find their way around the conflict between their business interests and the legal requirements by ensuring their data protection is very well organised. Our pragmatic and solution-oriented team that specialises in data protection law can help you ensure that this succeeds.

• Carrying out data protection audits to assess the level of data protection in the company
• Appointment as an external data protection officer and providing support as such
• Implementing the requirements under data protection law in the company (data protection compliance)
• Advising on how to set up processes and design processing operations in conformity with data protection law
• Advising on introducing new business models in conformity with data protection law, including data protection by design and big data
• Drafting data protection documents, such as data protection notices, data protection reports or records of processing activities
• Drafting agreements under data protection law such as data processing agreements, including joint controller agreements
• Advising on international data transfers involving countries outside the EU in accordance with the requirements stipulated in the Schrems II judgment, taking into account the new EU standard contractual clauses and other appropriate safeguards
• Advising regarding cross-border data processing both for intra-group data exchange and with external parties
• Advising on introducing binding corporate rules (BCRs)
• Reviewing and, if necessary, revising the documentation or agreements under data protection law
• Advising on introducing whistleblowing programmes
• Assisting with works agreements on the basis of the EU GDPR and the German Federal Data Protection Act (BDSG)
• Training courses and workshops (e.g. employee workshops)
• Data protection-compatible design when using new technologies, such as smart home, car data or health apps
• Advising on setting up websites, online shops and cookie walls and on using tracking and analysis tools
• Carrying out national and international data protection audits
• Providing representation in administrative and judicial disputes with regard to breaches of data protection law

• Advising on licence models, licence compatibility
• Liability and warranty when using open source software, public domain software, freeware, shareware
• Drafting licensing conditions
• Asserting and defending against licence infringement claim(s)
• Advising on introducing open source project management
• Assisting with licence audits
• Managed licence compliance services
• Representation in claims for subsequent licensing
• Advising on questions of indirect or automated licence use

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.

• Smart contracts/blockchain-based services
• General terms and conditions for electronic platforms/market places
• Advising on payment services/e-money/voucher services
• Investment products (including robo-advice)

• Identifying retention periods and deadlines for deletion relevant in the industry, including advising on the permissibility of storing in digital form
• Advising on the application of relevant limitation periods
• Advising on the implementation of the requirements for audit-proof archiving (in accordance with the German Principles for the Proper Management and Storage of Books, Records and Documents in Electronic Form, as well as Data Access (GoBD))

As a result of the rapid progress in digitalisation, convergence of media and challenges resulting from new formats and hybrid forms of marketing, the media landscape is also undergoing significant change: hitherto unknown business models must be based on a solid legal foundation and new forms of distribution, marketing and evaluation have to be contractually secured. Our media-savvy team’s creativity and competence help ensure that our clients are once again provided with the best possible solutions.

• Advising on how classic business models can be transformed for use in the area of digital media
• Advising on the licensing and acquisition of content
• Licensing of TV stations
• Advising on media antitrust law
• Advising on the distribution and marketing of content through diverse platforms, including pay TV and on-demand services
• Advising on feed-in agreements with cable companies
• Advising on the purchase and marketing of advertising capacities
• Acting as litigators upon infringement of rights on the internet (legal online reputation management, theft of content)
• Advising on using social media for corporate communications
• Designing legally compliant online gambling services
• Advising on all aspects of press law and the law governing the right to express one’s opinion and make public statements
• Assisting with enforcing and defending against claims for unlawful advertising
• Drafting the contracts needed for reality TV shows

In the telecommunications sector, our team focuses on fibre glass expansion/infrastructure. We advise leading companies on all issues relating to broadband expansion in Germany, including the following areas:

• Drafting contracts for the construction of infrastructure facilities at all network levels (NE2 to NE5)
• Contracts for the provision of planning services
• Dark fiber contracts
• FTTH Wholebuy contracts, ISP contracts
• Fault clearance, FLM, L3S contracts, and service level agreements
• Technical Office contracts
• Permission agreements with municipalities and private individuals
• Marketing contracts
• Regulatory issues in connection with fibre glass expansion
• Data privacy

Our team also ensures that new regulatory requirements are not only complied with but that our clients can operate optimally within their framework. This is the standard we set for ourselves: providing the highest level of advice that ultimately makes a difference for our clients. Specifically, we offer:

• Advice on regulatory issues (e.g., TKG amendment, reporting obligation, frequency use, and allocation)
• Drafting and negotiating contracts for WAN, managed network services, mobile services
• Drafting of end customer contracts
• Advice on regulatory, data protection, and contractual issues relating to the Internet of Things (IoT), smart devices and connected cars
• Advice on over-the-top (OTT) services
• Data protection in the area of telecommunications and telecommunications secrecy