IT Law, Internet & E-Business
Our IT, internet and e-business specialists are not only proficient in “traditional” IT law – the branch of law that deals with bits and bytes, hardware and software – but also in all issues related to internet content and internet distribution. In this area SKW Schwarz combines legal expertise and in-depth knowledge of the sector and technical understanding.
IT Law
Our IT law department structures and supports IT projects of all sizes and gives advice on the distribution of IT products (software, hardware, services) and the outsourcing of IT procedures. Above all we prepare contracts, for example hardware contracts, software development and licence contracts, software maintenance contracts, software leasing contracts, ASP contracts, support and distribution contracts, outsourcing contracts and service-level agreements as well as General Terms and Conditions. We regularly consider compliance and data protection requirements. If necessary, we represent our clients in dispute resolution proceedings and in court.
SKW Schwarz lawyers have made a significant contribution to current market standards in IT contracts, for example by helping to formulate public-sector standard contracts for the outsourcing of IT services (EVB-IT) and the General Terms and Conditions recommended by BITKOM e.V. Moreover, we actively contribute to the training for specialists in IT law and hold leading positions in the sector association BITKOM e.V.
Internet and e-business law
Our activities in the area of internet and e-commerce law centre on giving strategic advice to companies.
A key issue is how companies present themselves on the internet, both to users and to competitors. There is a crucial difference between companies whose business model depends on the internet (such as internet portals or social community networks) and companies which use the internet to develop existing business models further (such as Expedia). Moreover, the fact that content is sold not only in the cinema, on DVDs or in TV, but also on the internet may give rise to legal problems.
Our years of experience permit us to deal with all issues arising in connection with the internet and e-business. We shape and support e-business concepts and products, give advice on data protection, data security and compliance and help internet providers and services in every possible way.
We can provide specialist knowledge concerning all questions arising from music licencing on the internet and have experience in dealing with performing rights societies (GEMA rights). Moreover, we are familiar with partnership models for internet platforms (content channelizer; affiliate partnerships) and user-generated content (Web 2.0) and have experience with setting user regulations for platforms.
Our expertise in this area is best proven by the fact that SKW Schwarz lawyers published the loose-leaf publicaton “Recht im Internet” (“Law on the internet”) already ten years ago – and the book is still considered a standard work.
Examples
A financial services provider wanted to draft and negotiate a contract about a licence purchase and a software project. Our task was to purchase the required software licences, to prepare a complex project contract including the necessary adjustments to the standard software and to draw up a maintenance contract and service-level agreement.
On behalf of a large German furniture seller we drafted a framework contract for IT services including contract templates for works and support services. This contract was negotiated with roughly a dozen regular contract partners.
We supported an online platform which brokers offers of brand articles in shaping its legal structure. We conducted the legal examination of the start-up’s business concept. Before the platform went online we drew up all necessary legal documents, such as General Terms and Conditions for customers, General Terms and Conditions for merchants, data protection requirements etc.
We helped an event space and large events manager to introduce a customer-relationship management system. In doing so the question was key whether it was permissible to use visitor data for customer binding and advertising purposes and to pass them on to other group companies and partner companies abroad.
On behalf of a listed manufacturer we drafted, prepared and implemented the contracts for a transfer to differentiated second-generation outsourcing and partial re-insourcing. This included not only agreements with new providers, but also the gradual termination of contracts with the former provider.
We represented a leading German provider of IT and ITC services in a key project, at first outside of court. Our client had been asked to introduce a business management and processing system for a large financial services provider. When the project was cancelled we successfully defended our client in court against claims for restitution and the payment of damages.