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Data Protection Law and IT Law in Germany

Data protection and IT projects go hand in hand

Attorney for IT Law and Data Protection

The continuing rapid progress in information technology has a considerable influence on legal issues in the fields of data protection and IT law. Various categories of professionals, such as

  • IT professionals,
  • data protection officers,
  • legal professionals,
  • management, and
  • many other decision makers on all company levels

are being forced to keep pace up not only with multi-facetted technology advances but with an ever changing legal framework as well.

Advice on processing personal data

Collecting, processing and utilizing personal data is playing an increasing role in many companies. In the EU, and especially in Germany, the protection of personal data is strictly regulated by the data protection law and its ancillary laws (e.g. the General Data Protection Regulation). Matters such as, how should companies store collected data, what purposes may the data be used for, are subject to detailed regulation.

Not only data protection laws play into this equation. Other aspects of IT law can also pose challenges for entrepreneurs, project developers, and users, while at the same time the legal framework is undergoing constant change. Compliance has become a major aspect of doing business, no matter how big or small, how seasoned or new an enterprise is.

Legal advice on IT projects

IT law includes a wide variety of issues and topics. Basically, the term covers numerous legal questions relating to new manifestations of electronic communications. This involves, for example, the basic rules applying to information and content presented on the Internet (file sharing, e-mail marketing, social media) or special legal features of new technologies like Industry 4.0, augmented reality, cloud computing and software as a service (SaaS).

In many cases, the core of an IT project is the introduction of new hardware or software. Apart from the technical challenges presented by the project, some legal issues will also be highly relevant:

  • Who is liable for what and to what amount?
  • What usage rights are granted to the user?
  • Which usage rights remain with the contractual partner?
  • Which other rights are involved? (e.g. when modifying or upgrading open source or public domain components)?
  • How can we ensure that the software or the hardware are continuously adapted to technical progress?
  • Which acts of cooperation must be provided by the supplier?

Your partner in German data protection law, privacy law and IT law

At WINHELLER we are a point of contact for all issues concerning data protection law, privacy law and IT law.

  • Data protection law and privacy law
    We provide
    • Advice on all aspects of compliance with the European General Data Protection Regulation (GDRP)
    • Advice on all aspects of compliance with German data protection law
    • Data privacy surveys and assessments for our clients
    • Reviews of existing processes and procedures and advice on setting up new ventures
    • Advice on designing and drafting privacy policies

Our advisory services in IT law and data protection law focus on:

  • IT contracts
    • Software license contracts
    • License agreements 
    • Hardware and software procurement contracts
    • EDP distribution agreements 
    • IT project contracts
    • IT outsourcing
    • Provider contracts, domain and Internet law
  • Electronic commerce
    • E-commerce and consumer protection
    • Competition law and online marketing
    • Internet auctions
    • Mobile commerce / mobile payment

We will be pleased to also provide comprehensive advice on the legal fields of trademarks and copyrights as well as intellectual property rights (IP), which are closely linked to IT law.

Your german attorney for IT law and data protection

Your Attorney for IT Law

You can focus on your core business - we take care of your IT and data protection issues. Your contact partner for all aspects of IT law and data protection law is Attorney Olga Stepanova. The easiest way to contact us is by e-mail (info@winheller.com) or by phone (+49 (0)69 76 75 77 80). Please do not hesitate to contact us for any questions.

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Awards

Juve Award Legal 500 Germany 2019 azur100: Top Employer for Lawyers 2018
Focus Top Law Firm 2018