Information technology law
In the area of IT law, we provide support in the drafting of contracts for the design of websites, the legally compliant design of online shops and in all areas of software contract law. Our range of advice also covers copyright, trademark, and competition law issues in connection with Internet and telephone offers. Our experts always provide you with solution-oriented advice in this respect.
E-commerce (internet trading)
We provide companies advice in the field of online trade. In so doing, we provide advice both for business-to-business (companies and businesses) and for business-to-customer (companies and consumers). Furthermore, due to our extensive experience, we are also able to provide advice on the creation of web shops and the associated general terms and conditions of business, if the web shop is associated with a foreign country in the European Union or Switzerland.
The guidance provided includes compliance with any price indication rules, legal notice obligations as well as necessary revocation instructions in the context of general terms and conditions. In addition, we also check compliance with textile labelling obligations as well as with advertising and competition law requirements.
In practice, the legal classification of software contracts can sometimes prove very difficult. Frequently, the question arises what contract category a software agreement should be assigned to (purchase contract, contract for work and services, lease agreement). The question regarding contract type largely determines what is specifically owed under the contract, particularly what rights a user is entitled to in the event of a system failure or malfunction. The right to warranty for defects also depends largely on the contract type.
In this respect, we advise both users of software contracts or servicing/nursing contracts as well as the relevant "service providers" in the drafting and conclusion of contracts, some of which are valid for several years, as well as the associated general terms and conditions. In doing so, we point out the risks associated with the respective contracts and discuss possible contract amendments. The aim of our advice is always to provide specific recommendations for action which are clear and comprehensible.
Provider contracts& Cloud contracts
We also provide advice on the conclusion and implementation of contracts relating to fibre optic connections, cloud solutions and outsourcing projects as well as application service providing (online use of software). This concerns both the drafting of the relevant contracts and the maintenance and service contracts often concluded/to be concluded to this end.
Our service overview for skim readers:
- Drafting and review of software development and licensing agreements
- Consulting for outsourcing projects
- Creation and review of SLA (service-level agreement), software maintenance contracts
- Creation and review of GTCs for online shops/platforms
- Advice on legal notice design, revocation policies & price information rules