"... offers strength in outsourcing projects, data protection and e-commerce matters, both in Germany and abroad."
Chambers Europe 2014
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 know what really matters when it comes to complex IT contracts and troubled projects. We advise in particular on drafting and negotiating IT contracts (projects, outsourcings, carve-outs, cloud computing, SaaS, data maintenance, software or source code escrow), e-commerce and Internet law issues, questions of data protection, as well as troubled IT projects, and represent clients in IT litigation and arbitration.
A major focus of our work is advising clients on planning and implementing complex IT projects and contracts. We draw up and negotiate, in particular, outsourcing and project contracts, arrangements for the transfer and licensing of software (including used software, software as a service etc.) and know-how, freelancing and IT-consulting contracts. We further advise on open source software issues and cloud computing. Our services also cover advice on procurement of complex 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, state aid and antitrust law.
Our data protection activities focus largely on compliance issues. We advise domestic and foreign 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, but also for the use of software and the transfer of data to telematics systems, or on drafting online privacy policies.
Contentious disputes regarding troubled IT projects are on the rise. We frequently represent and advise clients during these critical phases, such as when a decision has to be made on whether a contract should be continued - and if so, with which (amended) terms - or on how it should be terminated and with which consequences. We also represent clients throughout all stages of litigation and arbitration before German courts and tribunals, from preparatory proceedings for the preservation of evidence, to injunction proceedings, to proceedings in the main action. 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 in transactions where information technology represents a sizable portion or even the entire value of a company’s acquired or divested assets. Our services in this area range from conducting due diligence and helping structure SPAs or APAs, to drafting and negotiating agreements for the provision of transitional services or the carve-out of specific business units. On cross-border projects, clients benefit from our international network of first-rate IT law specialists.