IT en telecommunication en privacy en wirtschaft en

 

IT-Recht

Das IT-Recht umfasst bei uns neben dem klassischen Computer- bzw. EDV-Recht auch das Internet-, E-Commerce- und Telemedien-Recht, während das Telekommunikations- und Medienrecht trotz Überschneidungen ein separates Gebiet darstellt. Wir begleiten und beraten Mandanten umfassend von der Geburt einer Idee oder eines eigenen Unternehmens, über die Auswahl einer Strategie und der Gestaltung bzw. Verhandlung von Verträgen bis hin zur Durchsetzung eigener oder Abwehr fremder Ansprüche (vorprozessual und gerichtlich). Neben unseren langjährigen Erfahrungen bringen wir ein wesentliches, nicht-juristisches Element für die erfolgreiche Unterstützung unsere Mandanten mit: umfangreiche Kenntnisse von IT-Technik und –Projekten.

 

Tagged under: IT-Recht
IT law comprises on the one hand the classical computer and data processing law (for example contracts for Outsourcing, ASP/ Cloud-, Computing-/ SaaS-, Data Center-, Hosting-/ Housing agreements, including the necessary Service Level Agreements), and on the other hand agreements for the creation or acquisition of software or hardware and the service of hard- and software. This increasingly includes questions regarding data protection and IT security. Drafting of contracts is the superior art of the legal profession; this applies in particular to IT law. In IT law many questions and problems have not yet been solved by jurisdiction, even the literature has often not found an answer to new questions (please see our efforts in this area: Publications). The more we are relying on our experience and skill to communicate with our clients as well as on our technical comprehension which is so important in this area. We are supporting projects and drafting of contracts from the very first beginning, helping you with problems (e.g. warranties and damage claims) or represent you with the enforcement of your rights. We have many years of experience in the area of contract drafting and legal proceedings (including Arbitration). We are including E-Commerce and Internet Law in the area of Media Law.

beratung en

IT Law typically means projects. We are advising and supporting you with such projects based on our many years of experience and our technical and economical expertise. Preferably the cooperation should begin already with your business or project idea or the purchasing of new software or IT systems. The latest our involvement should begin the moment a draft or the perusal of a contract is necessary.

Vertragsgestaltung enContracts are of enormous importance, in particular in the area of IT Law: on the one hand, the increasing importance of IT requires a reliable basis and each contract design makes the focusing on the essential issues necessary; on the other hand this new area of law lacks statutory rules and jurisdiction, making contractual arrangements more important than in other legal areas such as, for example, tenancy or construction law, where nevertheless detailed agreements are still much more common than in IT.

The creation of IT agreements involves in our point of view balancing the analysis, discussion, processing and the drafting of what our clients want (supported by our technical understanding) with the interests of the contractual partner in negotiations. We are drafting and negotiating on the one hand particular and individual contracts for software projects, outsourcing or services for data centers as well as SaaS services (also known as cloud computing or ASP) and on the other hand General Terms & Conditions such as General Sales Conditions for Software- and E-Commerce Providers or Purchasing Conditions for customers of IT Service providers.

Prozessfuehrung en

Nobody wants to litigate, for us they are also just the last resort. However, should lawsuits prove to be necessary we are conducting them forcefully and professionally. This means that we are conveying easy to understand facts to the courts that are often not familiar with the issues involved and that we are getting to the heart of the legal issues. Approach and tactics are agreed together with our clients: cooperation with our clients and mutual communication is essential for the successful management of lawsuits, no matter whether in courts or arbitration tribunals.

Projekterfahrung w en

    • Continuous advice of clients in the area of IT Law, e.g. the drafting and negation of contracts (in particular agreements for Hosting-/ Housing-, Outsourcing, ASP/SaaS, Data Centers and Software Projects). Since we are providing this advice to customers as well as providers we are well acquainted with both sides of the business.
    • Regular involvement with drafting, examination and development of General IT Terms & Conditions (e.g. General Sales Conditions for Software- and IT providers; General Purchasing Conditions for customers), recently for example for a Telematics-SaaS-Solution.
    • Comprehensive support of clients as customers of various cloud-/ storage- solutions (such as Amazon Web services, Google Apps as well as MS Azure), recently for a tender of storage- on-demand for a big accounting service provider.
    • Various significant lawsuits in the area of of contractual IT Law, recently a demand for damages (eight digits area) based on a unsuccessful ERP Implementation Project for a medium-sized business as well as for a German DAX Company (in a comparable amount) resulting from a failed Outsourcing Project (central Citrix-Server-Solutions and desktop rollout for various European countries with more than 7.000 workplaces).
    • Advising public authorities on the tender and negotiation of IT contracts.
    • Continuous cooperation with numerous clients on questions in data protection issues in the areas telecommunication and media; preparation of opinions, performance of data protection audits and support in IT Compliance and IT Security including services as external data protection officer for software providers and medium sized companies (see data protection law).
    • Advice on the use and trade of used software as well strategic consulting of IT start-ups.
(Selectionl)
    • Pre- and post-contractual obligations in the IT contract – Part II: post-contractual obligations, CR 2015, 277 (Schuster/Hunzinger)
    • Pre- and post-contractual obligations in the IT contract – Part I: pre-contractual obligations, CR 2015, 209 (Schuster/Hunzinger)
    • Law re. electronic media, 3. Edition 2015 (Spindler/Schuster)
    • Demarcation of services in IT contracts, CR 2013, 690 (Schuster)
    • Liability, reimbursement and rescission in IT contracts, CR 2011,4 (Schuster)
    • Cloud computing & Saas: What are the really new questions?, CR 2010, 1 (Schuster)
    • Legal nature of Service Levels in IT contracts, Cr 2009, 205 (Schuster)
    • Compendium on Telemedia Contracts, Munich 2001 (Schuster)
    • Disturber Liability of search engine operators for snippets, CR 2007, 443 (Schuster)
    • Developments of Internet-, Multimedia and Telecommunication Laws, Years 1999 to 2006, MMR enclosures 5/2007, 5/ 2006, 5/ 2005, 4/ 2004, 5/ 2003, 3/ 2002, 7/ 2001, 10/ 2000 (Schuster/ Kubach (formerly: Dierking) et al)
(Selection)

veroeffentlichungen w en