We focus particularly on advising small and medium size IT companies (SMEs) in matters in and around German IT law. As an enterprise active on the German market, specialized IT law advisory is crucial to your success. We have the expertise and experience to quickly and easily assist your company with its recurring and unique legal issues. Our advisory services will help you in creating the legal conditions necessary to ensure that through professional structures your business can operate unfettered and thrive on the German market.
These are examples of the most important ways in which we can make your life easier:
Your customers and suppliers very likely will insist on their own in-house contracts under German law (and maybe in German). Or you might wish to take initiative and customize your own standards and documentation to German law. This requires clear and simple documents and processes that make the differences between the legal systems clear and assist you in maintaining the reins over your business. What emerges is a solid foundation for success on the German market.
Your likely share our goals for better business:
- Thorough and quality in-house contracts and documentation that align your business model with the German market; this requires lean business procedures to ensure that these documents remain current in both legal and business respects.
- Clear plans to both accommodate requests from German customers and suppliers to modify your documents as well as examine and alter their own in-house documentation to your needs in compliance with German law.
- Successfully participation in (private and public) tenders in Germany.
- Secure and qualified management of your contracts, documentation and processes.
We can assist you achieve these objectives in a simple, prompt and cost effective manner.
Clean and Quick
You might be wondering if your business may do in Germany what you have already done successfully abroad. You might also be asking if legal counsel exists that is not only versed in German law, but also understands the idiosyncrasies of your particular business, while articulating this through comprehensive recommendations that can be quickly and easily understood and implemented.
There are typical situations where your business may risk running afoul of German IT law:
- If the processing of personal data plays a central role in your firm, you may be subject to German data protection law. These are relatively strict and unyielding.
- If private consumers in Germany are amongst your clients, you must comply with German consumer protection laws (partic. with respect to e-commerce activities).
- If your (online) business relies on the content and actions of its users, you may also be subject to special audit, deletion and disclosure requirements.
- In particular, if you are active in industries, in which data security is critical, you must comply with special requirements for IT security.
- Furthermore, if you mediate payments from German customers and "park" funds on a customer account, you are subject to the legal requirements of payment service providers (or even credit institutions).
You likely want a fast and reliable appraisal of which German laws apply to your business and what you must do to comply with those laws.
We understand that any dispute with a customer, supplier or competitor, particularly one invoking German law, may cause severe annoyance. It is important to have legal counsel who understands you and your problem. Above all, you lawyers should ensure that the conflict is resolved as quickly and painlessly as possible.
These are some of the typical conflicts which we can help you resolve positively:
- Your customer is dissatisfied with your service and is therefore threatening to not pay your bill or even worse claim damages.
- One of your current IT projects is not running according to plan. This may be partly your fault but also that of your customers. Both sides are considering ending the project. Your customer is even threatening to rescind the order. Is this even possible and what are its consequences?
- Your customer has incurred damages due to your error. You don`t know if you are insured against the damages and whether it makes sense to notify the insurance, nor do you know how to behave towards the customer.
- The services of a supplier are essential to fulfilling a client’s order. The supplier suddenly stops delivering, yet your customer insists on performance. You wonder if you can terminate the customer contract.
Foremost, you want a rapid and clear assessment of the legal situation and advice on the real manners available to solve the conflict. And if things get contentious, you need experienced counsel to represent you in court.
Your company has significant assets in its industrial and intellectual property, which has come under attack. Competitors, hackers or simply trolls lying in Germany (indeed, such antagonists exist in Germany) may have you in their sights and thereby your IP as well. The last thing you wish to do is lose control of these hard-gained assets. You must exercise all means for protection and security that German law provides.
These are typical situations where we can help you protect your assets:
- Unknown assailants hack your software and distribute it over the Internet. You want to track these perpetrators and stop these offers from being made.
- IT providers use your software in their own products without authorization or without meeting the relevant requirements (e.g., with respect to open source software).
- Your own ideas suddenly appear in a competing product on the market. Nevertheless, you concluded an NDA with a company which saw your IP.
- A competitor believes your software is a copy of theirs and threatens you with legal ramifications.
- Customers want access to your most value asset, your source code, so as to be ready for delivery problems and the worst case scenario of your insolvency.
Here again, it is vital that a rapid and clear assessment of the legal situation and the real manners available to protect your assets be given to you. We accompany you throughout these cases, and if necessary, before German courts and regulatory authorities, prepare filings to German law enforcement agencies and assist you in conducting private investigations.
Likely your company’s IT advisory needs cannot be assigned to a simple ready-fit scenario and it is clear that that you are floating without adequate support: In particular, you may lack a permanent, dependable contact in Germany that is ready and equipped to handle your legal matters and questions. Your legal counsel should think like you and speak your native and commercial language.
These are typical situations where our continuous support can assist you:
- You have recurring brief legal questions that seem commonplace and should thus be answered quickly without long deliberation regarding costs.
- Your IT enterprise is continuously confronted by various legal issues in Germany, yet the establishment of your own German in-house legal department appears too cumbersome and expensive.
- Your legal department is equipped with all-rounders who are pleased to receive the ongoing support of devoted IT law specialists in Germany.
- When your German in-house counsel cannot solve conflicts out of court, you need skilled support before German tribunals.
You need trusted, long-term and in particular straightforward counsel in these cases - with respect to costs as well.