The digital revolution is well underway. In a highly competitive market where always new business models are developed and existing processes are continually challenged, small start-ups, well-established medium-sized businesses and worldwide groups of companies are looking for the best possible solutions. At the same time, the government and administration must keep pace with this development. Our experienced, multi-disciplinary team of advisors for technology, media and telecommunication develops tailor-made solutions and ensures that our clients can stand their ground in the market and, acting proactively, can gain competitive advantages and be pioneers.
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 and Data Protection 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.
As a result of the rapid progress in digitalisation, convergence of media and challenges resulting from new formats and hybrid forms of marketing, the media landscape is also undergoing significant change: hitherto unknown business models must be based on a solid legal foundation and new forms of distribution, marketing and evaluation have to be contractually secured. Our media-savvy team’s creativity and competence help ensure that our clients are once again provided with the best possible solutions.
The telecommunication sector is highly regulated. Our team ensures that our clients comply with all regulatory requirements and, what is more, that they can operate as best as possible within the limits defined by these requirements. For this is the standard we have set for ourselves: providing top-quality advice that will ultimately make the difference for our clients.
The EU Digital Services Act (DSA) is a regulatory initiative of the EU Commission that will have a significant impact on the areas of e-commerce, antitrust, copyright and data protection. Here we keep you up to date on the status of the DSA.
Quo vadis, Malaysia?
18. German Malaysian Round Table
Aspects juridiques de la reprise d’une entreprise
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