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

IT procurement/Awarding IT contracts
  • 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 outsourcing
  • 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
Management consultancy regarding IT security and IT compliance
  • 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
Advising on e-commerce/mobile commerce and e-procurement
  • 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
Licensing law and open source
  • 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
FinTech
  • 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
Advising on "Banking Supervisory Requirements on IT" (BAIT)/European Banking Authority (EBA) guidelines
  • Drafting contracts for the outsourcing of essential and non-essential functions
  • Pre-outsourcing analysis, due diligence
  • Internal documentation
Legally compliant design of electronic archiving
  • 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))
Licence audits/Managed licence compliance service
  • Asserting or defending against the assertion of claims for subsequent licensing
  • Advising on questions of indirect or automated licence use

Key Contact >>

Key Contact

Rechtsanwalt Dr. Markus Sengpiel, Information Tech & Telecommunications; Energy, Gewerblicher Rechtsschutz & Urheberrecht; IT-Recht; Digitale Infrastruktur

Dr Markus Sengpiel

Managing Partner

T +49 221 9937 25736

Dr Wulff-Axel Schmidt

Partner

T +49 69 27229 27078

Dr Michael Rath

Partner

T +49 221 9937 25795

Dr Maximilian Dorndorf

Partner

T +49 201 9220 24027

Dr Jörg Alshut

Partner

T +49 30 52133 21890

Team IT Law

Dr Jörg Alshut
Partner
Berlin

Caroline Ackermann
Counsel
Munich

Silvia C. Bauer
Partner
Cologne

Dr Daniel Bischof
Counsel
Hamburg

Dr Kuuya Josef Chibanguza, LL.B.
Partner
Hanover

Dr Maximilian Dorndorf
Partner
Essen

Adrian Freidank
Counsel
Cologne

István Fancsik, LL.M. (London)
Senior Associate
Essen

Jonny H. Giessel
Senior Associate
Frankfurt a.M.

Amrit Grewal, LL.M. (London), MLB (Deutschland)
Legal Consultant
Cologne, Hamburg

Steffen Häberer
Partner
Leipzig

Dr Stefanie Hellmich, LL.M.
Partner
Frankfurt a.M.

Hannah Hassel
Senior Associate
Munich

Felix Hielscher
Senior Associate
Stuttgart

Laura Hoffmann, LL.M. (Dresden/London)
Senior Associate
Frankfurt a.M.

Johannes Klausch, LL.M. (London)
Partner
Berlin

Elisabeth Kohoutek
Partner
Frankfurt a.M.

Christian Kuß, LL.M.
Partner
Cologne

Lutz Keller
Senior Associate
Cologne

Niccolo Langenheim, LL.M.
Associate
Cologne

Lorena Ligowski
Associate
Hanover

Dr Detlef Mäder
Partner
Cologne, Dusseldorf

Dominik Menhaj
Senior Associate
Hamburg

Anna-Laura Martens
Associate
Berlin

Alina Moers
Associate
Cologne

Franziska Neugebauer
Senior Associate
Cologne

Dr Kay Oelschlägel
Partner
Hamburg

Tobias Osseforth, Mag. rer. publ.
Partner
Munich, Stuttgart

Michelle Petruzzelli
Senior Associate
Cologne

Dr Katharina Preuss
Senior Associate
Cologne

Dr Michael Rath
Partner
Cologne

Dr Stephan Rippert LL.M.
Partner
Munich

Dr Christian Rabe
Senior Associate
Hamburg

Manuel Rueß
Associate
Hamburg

Dr Markus Sengpiel
Managing Partner
Cologne

Dr Wulff-Axel Schmidt
Partner
Frankfurt a.M.

Dr Geert Johann Seelig
Partner
Hamburg

Carsten Andreas Senze
Partner
Stuttgart

Dr Aline Mück
Senior Associate
Cologne

Jenny Schindler
Senior Associate
Munich

Tobias Schneider
Senior Associate
Cologne

Benedikt Stücker
Senior Associate
Hanover

Alisa Schöneberg
Associate
Cologne

Dr Lajana von zur Gathen
Associate
Berlin

Pierre Daniel Wittmann
Senior Associate
Frankfurt a.M.

Cornelia Yzer
Of Counsel
Berlin