IT Law

• 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

• 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
• 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 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

• 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

• 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

• 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

• 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

• Drafting contracts for the outsourcing of essential and non-essential functions
• Pre-outsourcing analysis, due diligence
• Internal documentation

• 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))

• Asserting or defending against the assertion of claims for subsequent licensing
• Advising on questions of indirect or automated licence use