IT Law

Our team that specialises in solving IT legal problems has many years' experience in the field of "Information Tech and Telecoms" (LINK) and advises IT providers and clients taking into account their particular interests and requirements. Whether it is designing an app, a mobile commerce concept, an agile project or a major Industry 4.0 project – our technology team provides the best solutions for complex problems.

Numerous technological developments in recent years are largely based on software or software-related inventions, such as the Internet of Things (IoT), smart home or connected cars. Analysing large amounts of data using Big Data would be inconceivable without complex algorithms. In close cooperation with the Intellectual Property (LINK) and Data Protection (LINK) teams, we can advise you on drafting and negotiating contracts, such as software licence agreements, ASP contracts, SaaS contracts and other cloud computing contracts, as well as IT outsourcing projects up to and including contracts which are based on Supplementary Terms of Contract for the Procurement of IT Supplies/Services (EVB-IT).

In the context of IT outsourcing projects, we can advise on the entire process, starting with the needs analysis, the invitation to tender, the award of the contract, the drafting and negotiation of the contract documents and service descriptions, taking into account employment and licensing law issues, IT security and data protection issues as well as regulatory requirements, where applicable. This applies in particular to cloud-based solutions. 

When dealing with agile software projects, we are familiar with the challenges of copyright and contract law in the drafting of contracts as well as with employment law issues, which enables us to optimally consider the interests of the client or contractor.

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 digitisation 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, for example, when using open APIs and open banking structures and when using mobile apps and payment systems, including near-field communication standards, and deal with "data ownership" issues in a manner that serves the respective interests. 

For example, we advise Industry 4.0 projects from the production industry with regard to the marketing of predictive maintenance services and the intelligent control and networking of processes in the smart factory using 5G mobile radio standards. This enables our clients to optimally design the supply chain.

When deploying artificial intelligence (AI) based systems, our team can help you benefit from the advances in AI across all industries. When using AI technologies, such as machine learning and deep learning, we are familiar with the complex issues involved, including the protection of performance outcomes and the rights to use data as well as liability, enabling us to properly assess the opportunities and risks associated with the use of AI.

Our Range of Advisory Services

IT Procurement
  • Drafting and negotiating software and hardware licence agreements
  • Application Service Providing (ASP), 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
  • Operating data processing centres and shared service centres
  • Distributing 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

In this field, Luther collaborates closely with the developer of the WiBe Framework, Dr Röthig from  WiBe-Team PR, who is an internationally recognized expert for economic efficiency assessments.

WiBe Informationsbroschüre

Awarding IT Contracts
  • Needs analysis and determining needs taking into account legal issues (e.g. data protection or e-government) 
  • Proof of economic efficiency before and during procurement measures (ggfs. mit Link zu „WiBE“)
  • Invitations to tender for IT contracts
  • Choosing and applying the appropriate Supplementary Terms of Contract for the Procurement of IT Supplies/Services (EVB-IT)
  • Reviewing service descriptions
  • Advising on how to deal with hardware or software defects
IT Outsourcing
  • IT and business process outsourcing as well as project agreements in connection with complex IT systems
  • Needs analysis and determining needs taking into account legal issues (e.g. data protection)
  • Advising on cloud computing including Application Service Providing (ASP), Software as a Service (SaaS), Platform as a Service (PaaS), Infrastructure as a Service (IaaS), nearshoring and offshoring
  • Reviewing and drafting agreements
  • Data protection
  • Liability issues
  • Licence management
  • Implementing strategies to protect trade secrets
  • 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)
  • Financial regulatory requirements
Management Consultancy regarding IT Security and IT Compliance
  • Legal requirements regarding IT security and IT compliance
  • IT risk management
  • Advising on implementing the German IT Security Act (e.g. critical infrastructure requirements for the energy, information technology and telecommunications, transport and traffic, health, water supply, nutrition, and finance and insurance sectors)
  • Carrying out and accompanying audits
  • IT security in the employment relationship, e.g. drafting works agreements and company policies regarding the use of email systems and the internet within the scope of the employment relationship 
  • Legal support for cyber security incidents
Advising on E-commerce/Mobile Commerce and E-procurement
  • Drafting general terms and conditions or general terms of use and data privacy policies for shops, portals and electronic platforms/market places
  • Advising on how to structure customer journeys
  • Drafting terms and conditions and data privacy policies for apps
  • Reviewing the permissibility of business models
  • Advising on identification and authentication services (video-ident, e-ident, Second Payment Services Directive)
  • Advising on payment services
  • Advising on the use of retargeting advertising measures
OpenSource
  • Advising on licence models, licence compatibility, liability and warranty in the use of open source software, public domain software, freeware, shareware
  • Drafting licensing conditions
  • Asserting and defending against licence infringement claims
  • Advising on introducing open source project management
FinTech
  • Smart contracts/block chain-based services
  • Drafting general terms and conditions or general terms of use and cooperation and distribution agreements for electronic platforms/market places
  • Advising on payment services/e-money/voucher services
  • Investment products (including robo-advice)
  • Big Data applications
Advising on "Banking Supervisory Requirements on IT" (BAIT)/European Banking Authority (EBA) Guidelines
  • Drafting contracts for the outsourcing of essential and non-essential functions
  • Pre-outsourcing analysis, due diligence
  • Internal documentation
Legally Compliant Design of Electronic Archiving
  • Identifying retention periods and deadlines for deletion relevant to the sector, including advice on the permissibility of storing in digital form
  • Advising on the application of relevant limitation periods
  • Advising on the technical implementation and on the requirements for audit-proof archiving (in accordance with Secs. 239, 257 German Commercial Code (HGB), Secs. 146, 147 German Fiscal Code (AO) and the German Principles for the Proper Management and Storage of Books, Records and Documents in Electronic Form, as well as Data Access (GoBD))
Licence Audits/Managed Licence Compliance Service
  • Asserting or defending against the assertion of claims for subsequent licensing
  • Advising on questions of indirect or automated licence use

Key Contact >>

Key Contact

Dr. Markus Sengpiel

Managing Partner

T +49 221 9937 25736

Dr. Wulff-Axel Schmidt

Partner

T +49 69 27229 27078

Dr. Michael Rath

Partner

T +49 221 9937 25795

Dr. Maximilian Dorndorf

Partner

T +49 201 9220 24027

Dr. Jörg Alshut

Partner

T +49 30 52133 21890