The digital revolution is in full swing. In a highly competitive market where new business models are constantly being 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. Our experienced, multi-disciplinary team of advisors for technology, media and telecommunication can provide tailor-made solutions to meet these challenges. In close cooperation with our colleagues from the practice group IP & Copyright Law and our Data Protection team, we can comprehensively assist you with all related matters, from the drafting and negotiation of contracts, such as software licence agreements, ASP contracts, SaaS contracts and other cloud computing contracts, to (regulated) IT outsourcing projects up to and including contracts with contracting authorities 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, which enables us to optimally consider the interests of the client or contractor.
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 and facilities in the smart factory using the new 5G mobile radio standard, where applicable. This enables our clients to optimally design their supply chains.
When deploying artificial intelligence (AI)-based systems, our team can help you benefit from the advances in AI across all industries. When it comes to 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 data models 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.
In the context of IT outsourcing projects, we can advise on the entire process, if so requested, starting with the needs analysis, the invitation to tender, the award of the contract and the drafting and negotiation of the contract documents and service descriptions, of course also taking into account employment and licensing law issues, IT security and data protection aspects and regulatory requirements, where applicable. This applies in particular to cloud-based solutions.
In times of digital transformation, data is a central asset on the web and, therefore, is of great importance. In the context of the upcoming Europe-wide digital strategy and the planned legislative projects, the GDPR will play a decisive role in the conflict between data autonomy and competitiveness in new fields of business such as the digital twin or autonomous driving, as well as in the area of digital health. On the ambitious path towards digital transformation, we advise on all relevant legal issues with a view to coming up with a data protection compliant yet practical solution in close cooperation with our IT Law colleagues.
We can advise and support you when there are new developments in data protection, be they new standard contractual clauses, relevant statements issued by the supervisory authorities or developments in data protection resulting from judgments (e.g. Schrems-II).
As the legally compliant processing of personal data is increasingly becoming the focus of companies and supervisory authorities, companies need to find their way around the conflict between their business interests and the legal requirements by ensuring their data protection is very well organised. Our pragmatic and solution-oriented team that specialises in data protection law can help you ensure that this succeeds.
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, for example, when using open APIs and open banking structures and when using 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.
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.
In particular the telecommunication sector continues to be highly regulated. Our team ensures that our clients comply with new 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.