IT Law Firm in Germany

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We advise and represent companies, public bodies and individuals on legal issues relating to information technology. This includes data protection, IT contracts, copyright, internet law, IT security and the legal assessment of new technologies. The firm horak Rechtsanwälte Partnerschaft mbB has its head office in Hanover and further offices in Berlin, Bielefeld, Bremen, Düsseldorf, Frankfurt (Eschborn), Hamburg, Leipzig, Munich and Stuttgart.

Our lawyers include certified specialist lawyers (Fachanwälte) for industrial property protection and for copyright and media law. Rechtsanwalt Dipl.-Ing. Michael Horak, LL.M., studied electrical engineering in addition to law, so technical facts do not need to be translated for us first.

Advice on IT law

Data protection under the GDPR

• Implementing the General Data Protection Regulation (GDPR) in your business
• Reviewing and drafting data protection policies and privacy notices
• Support with data breaches and leaks, including notification to the supervisory authority under Art. 33 GDPR
• Drafting data processing agreements with service providers (Art. 28 GDPR)

More: Data protection and Reporting a data breach.

Drafting and reviewing IT contracts

• Software licence agreements
• Cloud service agreements
• Outsourcing agreements
• Maintenance and support agreements

We make sure that the service description, liability and term are clearly defined and that the clauses hold up under German standard terms law. More: Software, SaaS and cloud.

Copyright in software and digital content

• Protection of software, images, texts and music
• Licensing of software and digital content
• Avoiding and resolving copyright infringements

Internet law for websites

• Legal notice requirements under Section 5 of the German Digital Services Act (DDG)
• Cookie banners and tracking under Section 25 TDDDG and the GDPR
• General terms and conditions
• Action against reviews and false content on the internet

Representation in disputes

Cease-and-desist letters

We defend against cease-and-desist letters, for example for copyright infringement or breaches of competition law. Conversely, we enforce claims where our clients‘ rights have been infringed, for example through unauthorised use of software or trade marks. See Cease-and-desist letters.

Court and arbitration proceedings

• Contract disputes from IT projects
• Data protection litigation, in particular damages claims under Art. 82 GDPR
• Domain name disputes

See Litigation and arbitration (in German) and IT project disputes.

Supporting IT projects

Software development, the introduction of new IT systems and migration to the cloud carry legal risks. We get involved early:

• Software development contracts with clear rules on scope, schedule and costs
• Safeguards for the use of open source software
• Review of liability and data protection risks in the project
• Provisions for project delays and failures

E-commerce and platforms

• Legal notice, privacy policy and terms for online shops
• Right of withdrawal and consumer rights
• Obligations under the Digital Services Act (DSA) and the Platform-to-Business Regulation (P2B Regulation)

See E-commerce and Platforms and the DSA.

IT security and cyber attacks

• IT security law, for example for operators of critical infrastructure (KRITIS) and under NIS2
• Security policies and emergency plans
• Legal support after hacking attacks and data leaks: reporting duties towards authorities, liability towards customers and partners

See IT security and Cyber attack.

Competition law and advertising

• Reviewing advertising for misleading statements
• Labelling of influencer advertising
• Defending against unjustified cease-and-desist letters
• Action against unfair commercial practices of competitors

New technologies: AI and blockchain

Artificial intelligence

• Liability when using AI applications
• Rights in AI-generated content
• Obligations under the AI Act (Regulation (EU) 2024/1689)

See AI law.

Blockchain and crypto-assets

• Smart contracts and tokenisation
• Regulatory questions on crypto-assets

Prevention: training and compliance

• Staff training, for example on data protection and IT security
• Setting up IT compliance systems

Related topics

• Our lawyers (in German)
• IT law
• AI law
• Telecoms law
• Offices