deen
Nexia Ebner Stolz

IT Law and Data Protection

With the advancement of digitalization, companies of all sizes are now forced to address IT law issues. Software is purchased, leased or programmed in-house, and software maintenance and service agreements are concluded.

With the advan­ce­ment of digi­ta­liza­tion, com­pa­nies of all sizes are now for­ced to address IT law issues. Soft­ware is purcha­sed, lea­sed or pro­gram­med in-house, and soft­ware main­tenance and ser­vice agree­ments are con­clu­ded. Domains are regis­te­red or bought, e-com­merce sys­tems are ope­ra­ted, com­pa­nies’ own web­si­tes go live, and e-mail adver­ti­sing is sent out. Not only are all of these areas tech­ni­cally chal­len­ging, but they also entail sig­ni­fi­cant legal risks. This requi­res good advice. The cor­rect course should be set in advance to pre­vent cri­ses during the imp­le­men­ta­tion of IT pro­jects or objec­ti­ons by data pro­tec­tion aut­ho­ri­ties or com­pe­ti­tion asso­cia­ti­ons, for example.

We assist and advise you on all points of infor­ma­tion tech­no­logy law. This inclu­des pro­vi­ding legal advice and sup­port when con­tracts are being con­clu­ded as well as assi­s­tance in nego­tia­ti­ons with the coun­ter­party when things are no lon­ger run­ning smoothly in an IT pro­ject. We rep­re­sent your inte­rests in court cases and in dea­lings with the aut­ho­ri­ties.

Nowa­days, data pro­tec­tion law affects com­pa­nies across the board. Glit­ches in or bre­a­ches of data pri­vacy are not solely a com­p­li­ance pro­b­lem and are fol­lo­wed up by data pro­tec­tion aut­ho­ri­ties; they are also recei­ving inc­rea­sed atten­tion from the gene­ral pub­lic. Since the adop­tion of the EU Gene­ral Data Pro­tec­tion Regu­la­tion, per­so­nal data bre­a­ches will carry large fines from May 2018 at the latest. We help you to avoid infrin­ging the law and dama­ging your image and to imp­le­ment the data pro­tec­tion requi­re­ments of the Regu­la­tion in your enter­prise.

Given the over­laps bet­ween IT law, intel­lec­tual pro­perty, and com­pe­ti­tion law issues, our team is made up of attor­neys who spe­cia­lize in the fields of infor­ma­tion tech­no­logy law and the adja­cent area of com­mer­cial legal pro­tec­tion. Our attor­neys work clo­sely with GBIT (Ebner Stolz’s IT Tes­ting divi­sion) to tap into its exper­tise in IT secu­rity mat­ters and in the practi­cal mana­ge­ment of IT pro­jects for your bene­fit.

Our ser­vices at a glance

  • Con­tracts for buying and sel­ling stan­dard and custo­mi­zed soft­ware pac­ka­ges
  • Com­plex sets of agree­ments for soft­ware pro­jects for dif­fe­rent pro­cess models
  • Assis­ting with IT pro­jects in cri­sis
  • Main­tenance and sup­port agree­ments
  • Hard­ware purchase agree­ments
  • Pro­gram­ming agree­ments
  • Out­sour­cing arran­ge­ments and soft­ware lea­sing (ASP, SaaS, cloud solu­ti­ons)
  • Escrow arran­ge­ments (safe­kee­ping of source code)
  • Con­tracts for web­site deve­lop­ment or other IT ser­vices
  • Hel­ping to resolve dis­pu­tes over soft­ware audits and soft­ware asset mana­ge­ment (SAM)
  • Legal advice in all data pro­tec­tion issues
  • Imp­le­men­ta­tion of the requi­re­ments of the EU Gene­ral Data Pro­tec­tion Regu­la­tion (pos­si­bly also as pro­ject sup­port in con­junc­tion with our IT Tes­ting divi­sion (GBIT))
  • Legally com­p­li­ant orga­niza­tion of con­trac­ted data pro­ces­sing
  • Rep­re­sen­ta­tion in dea­lings with the data pro­tec­tion aut­ho­ri­ties
  • e-com­merce agree­ments (web shop sys­tems, web­site con­tent, Gene­ral Terms and Con­di­ti­ons)
  • Advi­sing on domain con­tracts and hel­ping to resolve domain dis­pu­tes
  • Cri­mi­nal law advice in the field of IT law


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