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IT Law

Our range of advisory services

Our team that specialises in solving IT legal problems has many years' experience in the field of "Information Tech and Telecoms" 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.

Working closely with Luther’s IP & Copyright Law and Data Protection teams, we can help you draft and negotiate licence agreements such as software licences, ASP contracts, SaaS contracts or other cloud computing contracts. In addition, we also have extensive experience in the fields of IT outsourcing, business process outsourcing (BPO), transitional services agreements and the award of IT contracts by the public sector (contracts based on Supplementary Terms of Contract for the Procurement of IT Supplies/Services (EVB-IT)).

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, thus being able to optimally consider the interests of the client or contractor.

When it comes to deploying artificial intelligence (AI) based systems, our team can help you benefit from the advances in AI and comply with current regulatory requirements (AI Regulation), across all industries. As for using AI technologies such as machine learning or deep learning, we are familiar with the complex issues involved, including the protection of performance outcomes and rights to use data and liability issues, which enables us to properly assess the opportunities and risks associated with the use of AI.

We can advise you on the entire process, if so requested, starting with the needs analysis and continuing through the invitation to tender, the award of the contract and the drafting and negotiation of the contract documents and service descriptions, taking into account employment and licensing law issues, IT security and data protection aspects and regulatory requirements, where applicable.

In regulated areas and 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 digitalisation 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 involved in the use of open APIs and open banking structures, for example, or in the use of mobile apps and payment systems, including the near field communication (NFC) standard, and deal with “data ownership” issues in a manner that serves the respective interests. 

We advise industry 4.0 projects from the production industry with regard to, for example, the marketing of predictive maintenance services and the intelligent control and networking of processes in the smart factory using 5G mobile radio standards. This allows our clients to optimally design their supply chains.

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  • Drafting and negotiating software and hardware licence agreements
  • Application service providing (APS), 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
  • Escrow and deposit agreements
  • Operation of data processing centres and shared service centres
  • Distribution of hardware and software (e.g. OEM agreements, end-user licence agreements, reseller agreements)
  • Advising and drafting agreements relating to agile software development projects
  • Choosing and applying the appropriate Supplementary Terms of Contract for the Procurement of IT Supplies/Services (EVB-IT)

 

  • IT tenders, including the review of service specifications
  • 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, software as a service, platform as a service, infrastructure as a service, nearshoring and offshoring
  • Reviewing and drafting agreements
  • 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)

  • Legal requirements regarding IT security and IT compliance
  • Advising on implementing the applicable IT Security Act (e.g. BSI Act, NIS2 directive, DORA, further KRITIS requirements)
  • 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
  • Draft of contracts in connection with IT security
  • Legal support for cyber security incidents
  • Training for executives and employees

  • Drafting general terms and conditions or general terms of use and data protection notices for shops, portals and electronic platforms/market places
  • Drafting terms and conditions and data protection notices for apps
  • Reviewing the permissibility of business models
  • Advising on identification and authentication services (video identification, electronic identification, Second Payment Services Directive)
  • Advising on payment services
  • Advising on using re-targeting advertising measures

  • Advising on licence models, licence compatibility, liability and warranty when using open source software, public domain software, freeware, shareware
  • Drafting licence conditions
  • Asserting and defending against licence infringement claim(s)
  • Advising on introducing open source project management
  • Advising on questions of indirect or automated licence use

  • Smart contracts/blockchain-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)
  • Investment products (including robo-advice)
  • Big Data applications

  • BAIT, DORA, NIS/KRITIS, BSG-Law
  • Drafting contracts for the outsourcing of essential and non-essential functions
  • Pre-outsourcing analysis, due diligence
  • Support regarding nternal documentation

  • Identifying retention periods and deadlines for deletion relevant in the industry, including advising on the permissibility of storing in digital form
  • Advising on the application of relevant limitation periods
  • Advice on the requirements for audit-proof archiving (Sec. 239, 257 German Commercial Code, Sec. 146, 147 German Tax Code, GoBD-Compliance
  • Advising on the technical implementation and on the requirements for audit-proof archiving (in accordance with Sections 239, 257 German Commercial Code (HGB), Sections 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))
Newsroom IT Law
Team IT Law
Caroline Ackermann

Caroline Ackermann

Partner

Munich

Hannah Aigner

Hannah Aigner

Senior Associate

Munich

Silvia C. Bauer

Silvia C. Bauer

Partner

Cologne

Dr Daniel Bischof

Dr Daniel Bischof

Counsel

Hamburg

Dr Kuuya Josef Chibanguza, LL.B.

Dr Kuuya Josef Chibanguza, LL.B.

Partner

Hanover

Dr Maximilian Dorndorf

Dr Maximilian Dorndorf

Partner

Essen

Adrian Freidank

Adrian Freidank

Counsel

Cologne

István Fancsik, LL.M. (London)

István Fancsik, LL.M. (London)

Senior Associate

Essen

Dr Anne-Sophie Fischer

Dr Anne-Sophie Fischer

Associate

Munich

Jonny H. Giessel

Jonny H. Giessel

Senior Associate

Frankfurt a.M.

Steffen Häberer

Steffen Häberer

Partner

Leipzig

Dr Stefanie Hellmich, LL.M.

Dr Stefanie Hellmich, LL.M.

Partner

Frankfurt a.M.

Julia Hartung, Maîtrise en Droit

Julia Hartung, Maîtrise en Droit

Senior Associate

Singapore

Felix Hielscher

Felix Hielscher

Senior Associate

Stuttgart

Laura Hoffmann, LL.M. (Dresden/London)

Laura Hoffmann, LL.M. (Dresden/London)

Senior Associate

Frankfurt a.M.

Dr John Heidemann, LL.M.oec.

Dr John Heidemann, LL.M.oec.

Associate

Hamburg

Maximilian Issels, LL.M. (Stellenbosch)

Maximilian Issels, LL.M. (Stellenbosch)

Senior Associate

Munich

Johannes Klausch, LL.M. (London)

Johannes Klausch, LL.M. (London)

Partner

Berlin

Elisabeth Kohoutek

Elisabeth Kohoutek

Partner

Frankfurt a.M.

Christian Kuß, LL.M.

Christian Kuß, LL.M.

Partner

Cologne

Lutz Keller

Lutz Keller

Senior Associate

Cologne

Niccolo Langenheim, LL.M.

Niccolo Langenheim, LL.M.

Senior Associate

Cologne

Iris López Martínez, LL.M.

Iris López Martínez, LL.M.

Senior Associate

Berlin

Dr Detlef Mäder

Dr Detlef Mäder

Partner

Cologne, Dusseldorf

Dominik Menhaj

Dominik Menhaj

Senior Associate

Hamburg

Franziska Maier, LL.M. (UCLA)

Franziska Maier, LL.M. (UCLA)

Associate

Stuttgart

Anna-Laura Martens

Anna-Laura Martens

Associate

Berlin

Alina Moers

Alina Moers

Associate

Cologne

Franziska Neugebauer

Franziska Neugebauer

Senior Associate

Cologne

Dr Kay Oelschlägel

Dr Kay Oelschlägel

Partner

Hamburg

Tobias Osseforth, Mag. rer. publ.

Tobias Osseforth, Mag. rer. publ.

Partner

Munich

Michelle Petruzzelli

Michelle Petruzzelli

Senior Associate

Cologne

Dr Katharina Preuss

Dr Katharina Preuss

Senior Associate

Cologne

Dr Michael Rath

Dr Michael Rath

Partner

Cologne

Dr Stephan Rippert LL.M.

Dr Stephan Rippert LL.M.

Of Counsel

Munich

Dr Christian Rabe

Dr Christian Rabe

Counsel

Hamburg

Dr Florian Rockenbach

Dr Florian Rockenbach

Counsel

Munich

Joerg Rohloff

Joerg Rohloff

Associate

Munich

Dr Manuel Rueß

Dr Manuel Rueß

Associate

Hamburg

Dr Markus Sengpiel

Dr Markus Sengpiel

Managing Partner

Cologne

Dr Wulff-Axel Schmidt

Dr Wulff-Axel Schmidt

Partner

Frankfurt a.M.

Dr Geert Johann Seelig

Dr Geert Johann Seelig

Partner

Hamburg

Carsten Andreas Senze

Carsten Andreas Senze

Partner

Stuttgart

Dr Aline Mück

Dr Aline Mück

Senior Associate

Cologne

Jenny Schindler

Jenny Schindler

Senior Associate

Munich, Hamburg

Tobias Schneider

Tobias Schneider

Senior Associate

Cologne

Benedikt Stücker

Benedikt Stücker

Senior Associate

Hanover

Dr Thomas Schwieters

Dr Thomas Schwieters

Associate

Hanover

Deike Tamm

Deike Tamm

Associate

Frankfurt a.M.

Pierre Daniel Wittmann

Pierre Daniel Wittmann

Senior Associate

Frankfurt a.M.

Cornelia Yzer

Cornelia Yzer

Of Counsel

Berlin

Awards
Legal500 Top Tier 2026
Chambers Europe 2025
Legal500 Top Kanzlei 2025
The Lawyer European Awards 2024 - Law Firm of the Year: Germany
Juve Awards 2024 - "Law Firm of the Year Regulatory Law"
Chambers Europe 2024
Legal500 Top Kanzlei 2024
Legal500 Green Guide EMEA 2024
Juve Awards 2023 - "Law Firm of the Year Public Procurement"
Juve Awards 2023 - "Law Firm of the Year Distribution, Trade & Logistics"
Chambers Europe 2023
Legal500 Top Tier 2023
Juve Award 2022 - "Kanzlei des Jahres Südwesten"
azur Award 2022
Chambers Europe 2022
Legal500 Top Tier 2022
European Law Firm of the Year
Chambers EUR 2021
Legal 500 Top Tier 2021
PMN Management Awards 2020
PMN Management Awards 2020
Chambers EUR 2020
Legal Tech Kanzlei
Legal 500
Juve Award 2019 - "Law Firm of the Year 2019"
PMN Management Awards 2019