"... offers strength in outsourcing projects, data protection and e-commerce matters, both in Germany and abroad."

Chambers Europe 2014

IT

Providing information technology advice requires sound legal knowledge, experience, technical expertise, and a willingness to search for creative solutions. With years of practical experience in handling IT law matters, our lawyers have this comprehensive expertise. We speak the language of our clients and also know what really matters when it comes to drafting complex IT contracts. In the area of IT, we advise clients on, among other things, M&A transactions, IT outsourcing, the drawing up and negotiation of conventional IT agreements, e-commerce and internet-related legal issues, questions of data protection, and IT-related lawsuits and arbitration proceedings.

IT agreements

A major focus of our work is advising clients on the planning and implementing of IT outsourcing strategies and complex IT projects. We draw up and negotiate project contracts, arrangements for the transfer and licensing of software and know-how, software maintenance agreements, and IT-consulting contracts. In this connection, we provide advice for both public and private sector enterprises. We frequently advise on the procurement of IT systems and services. Here clients benefit from our full-service approach. This allows us to draw on our pool of recognised experts from other practice areas, such as employment, public procurement, and antitrust law.

E-commerce/Internet

We handle the full range of internet and e-commerce issues for our clients. We develop internal policies for the use of social media and the internet in the workplace. For companies in Germany as elsewhere, the internet is becoming a sales platform of ever greater importance. We work closely with our clients to develop new online terms of use and to harmonise existing terms with German legal requirements, in particular with consumer protection rules and regulations. We offer solutions and advice in all aspects of cloud computing, including drafting terms of use for Software as a Service (SaaS) models. Internet domain law is another important focus of ours. We regularly represent clients in domain name disputes, working on landmark supreme court decisions, such as for the approval of two-letter domain names in Germany (vw.de) – thereby contributing significantly to relevant case law in this area.

Data protection

Our data protection activities focus largely on compliance issues. We advise domestic and non-German companies on the observance of data protection requirements, assist in devising corporate privacy policies, and draft and negotiate data protection agreements, such as those for commissioned data processing and the remote maintenance of IT systems.
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IT related litigation and arbitration

We represent clients both before and during all phases of litigation in German courts, from preparatory proceedings for the preservation of evidence, to injunction proceedings, to principal proceedings. Due to the complexity of IT law, clients often prefer arbitration as a course of action. As a result, we provide support in arbitration proceedings. In disputes over licensing issues or resulting from failed IT projects, we establish the facts, develop solutions that advance clients’ interests, run through various litigation and dispute resolution scenarios, and work closely with clients to develop the right strategies for them.

M&A transactions

We have a wealth of experience with transactions in which information technology represents a sizable portion of a company’s acquired or divested assets. Our services in this area range from conducting due diligence and helping structure SPAs, to drafting and negotiating agreements for the provision of transitional services or the carve-out of specific business units. In cross-border projects, clients benefit from our international network of first-rate specialists in IT law.  
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