"This IT practice handles the full spectrum of issues, ranging from M&A transactions to ITO agreements and issues relating to e-commerce."
Chambers Europe 2012
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.
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.
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.
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.
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.