IT Law

What is Luther.Solutions?

Luther.Solutions supports the transformation of legal departments at every stage – from strategic dialogue to process and organizational design, including the implementation of legal tech. Interdisciplinary teams and proven methodologies ensure measurable improvements in quality, efficiency, and transparency in day-to-day operations as well as in complex mandates.

IT Law

Our team that specialises in solving IT legal problems has many years’ experience in the field of “Information Tech and Telecommunications” and advises IT providers and clients taking into account their particular interests and requirements. Whether it is dealing with artificial intelligence, agile project approaches, IT outsourcing, terms of licence or major industry 4.0 projects – 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.

Our range of advisory services

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)
Application/use of open source software and “used” software
Advising and drafting agreements relating to agile software development projects
Needs analysis and determining needs taking into account legal issues (e.g. data protection or e-government)
Proof of economic efficiency before and during the procurement measures
IT tenders
Choosing and applying the appropriate Supplementary Terms of Contract for the Procurement of IT Supplies/Services (EVB-IT)
Reviewing service descriptions

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
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 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, vouchers)
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 in the industry, including advising 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 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))