IT-Law – IT Rechtsberater – Datenschutzbeauftragter

Drones

tough — Thu, 31 Oct 2019 13:34:15 +0000

Drones are referred to in the professional field as “Unmanned Aircraft Systems (UAS)“. Drones enjoy great popularity in the sports and leisure sector as well as in professional applications. The use of drones is an integral part of the fourth industrial revolution (Industry 4.0) and for industrial applications drones have enormous development potential. The use of drones will increase enormously in the next few years. Therefore, the legal framework for a responsible and justifiable use of drones must be created and adhered to. If you are planning the development or the use of drones for individual projects or permanently, we can support and advise you in particular on the following topics:

Procedure for the granting of operating permits
Approval of exemptions from operating permits
compliance with third party rights
Drones with powerful photo and video technology
Drones in use for advertising and image films
Protection against misuse of the collected image data
Employee data protection during drone deployment
Technique design for drones
Copyright, copyright of the designer of buildings
Dangers and defenses when using drones
Economic espionage, use as illegal means of transport
Limits of state and civilian drone use
Violation of legal facts (damages, fines, prosecution)
Use of drones by security and law enforcement agencies
Insurance options for the use of drones
Legal requirements for the production and distribution of drones
Standardization and DIN standards

Artificial intelligence (AI)

tough — Thu, 31 Oct 2019 13:33:50 +0000

An artificial intelligence system is able to adapt to new environments and to change. The feature “deep machine learning” better meets the phenomenon of AI. For AI systems, their behavior can not be predicted. This unpredictability leads to a variety of legal issues and technical requirements. Due to the unpredictability of the behavior of the systems used, the transparency of the IT systems is lost for users and users (black box). Systems with artificial intelligence have to be trained and their behavior must be based on a solid database. The quality of data quality is critical to the quality of the artificial intelligence system. Furthermore, complex and differentiated algorithms are required to ensure the training of the AI system at a high qualitative and quantitative level and to ensure continuous learning of the AI system. If you want to develop, deploy or market IT systems with artificial intelligence, we can support and advise you, in particular on the following topics:

Copyright protection, business secret protection, infringement and algorithmic discrimination
Copyright protection in deep learning as a work and database, business secret law, rights to learned data
Embedded systems and liability in robotics
Security and liability in cyborgs
Acquisition of data, data trading, responsibility and influence of persons in political decision-making and microtargeting
Artificial intelligence in the HR recruiting process, occupational health and safety, technical requirements through labor law and transfer of the right of director
Autonomous driving in the different degrees of automation
Areas of application, legal issues and crowdfunding in the context of Collective Intelligence
Liability for IT systems with artificial intelligence, especially manufacturer obligations, product monitoring obligations, reaction obligations, recall obligations, burden of proof, tort liability, product liability, AI as a vicarious agent, maintenance contracts, liability for defects, obligations and technical standards, types of damage, limitation of liability, property rights of third parties, operator liability
Artificial intelligence with legal personality
Data protection framework for machine learning
Automated decisions “scoring / profiling”
Order processing in IT systems with artificial intelligence
Video surveillance
Data Protection by Design and by Default
Privacy Impact Assessment
Legal background to the “Super Code”, Embedded Law and Rulemapping
Laws of Robotics
Application of the “Super Code”

Employee and Adviser Contracts

tough — Thu, 29 Jun 2017 10:57:04 +0000

The cooperation between different companies or the intervention of subcontractors requires detailed regulations for the exchanged company and business secrets and for the work results developed during the cooperation. The industrial property rights of the work results have to be set before the cooperation starts so that after finishing, there can be no discussion about who can use the working results from the common project to what extent. Here, it is to recommend to define and fix contractual regulations of the rights and the duties of the contractual partners for the success of the project and for the avoidance of discussions afterwards.

For the protection of the cooperation between different companies, the law office draws contracts up, negotiates them with the contractual partner and accompanies the client up to the contract version that is ready to be signed for .

Projects
Research and Development (R&D)
Cooperation for software development
Secrecy of company intern and business secrets
Subcontractors

media and copy right

tough — Thu, 29 Jun 2017 10:56:14 +0000

The field of law of media and copy right law encompasses many matters of life and must therefore be taken into account in a forward-looking manner by authors as well as by exploiting rights of use. For new ideas, projects, in particular for start-ups, it must first be checked whether all the necessary rights to use content are available and whether these have been clearly defined in the respective contracts and without any doubt of interpretation.

Furthermore, remuneration agreements between authors, musicians, directors and their authorized users, in particular publishers, music and film companies, must be transparent and comprehensible. This means the calculation bases and actual uses must be demonstrably documented.

The forward-looking planning and legal regulation of the necessary rights of use avoids misunderstandings, bad mood, failure of the projects and subsequent legal disputes. Therefore, involve a specialized lawyer in a timely manner, this means before starting the project or launching your portal or website.

We can advise you in the following areas and support your project:

Broadcasting, broadcasting and youth protection
Telemedia Law
Press and expression rights
Telecommunications Law
Social media – legal and technical aspects
Sound and image rights
Copyright, copyright infringement
Defense against warnings as well as examination of omissions
Publishing law and ancillary copyright
collecting societies
Trademark, Trademark and Domain Law
Film and television contract law
Music Law
Public procurement law and media
Media Law and Sport

IT Contracts

tough — Thu, 29 Jun 2017 10:45:26 +0000

The services of the law office include the preparation of different IT contracts, especially contracts like the following:

Purchase of software, software licenses
Rent of software
Leasing of software
Working out of software (Individual software)
Escrow of software (Escrow Agent)
Maintenance of software
Application-Service-Providing (ASP)
Cloud Services (Amazon Web Services, MS-Azure-Cloud, etc.)
Open-Source-Software
Distribution of software via Internet
Purchase of hardware
Rent of hardware
Leasing of hardware
Complete hardware maintenance
IT framework regulations
Service levels
IT system delivery
Outsourcing
Co-operation
Contract of the computer center
Sales agent for hardware
Sales agent for software
Authorized dealer for software
Wholesale dealer Hardware
Software as OEM
Contracts for internet donains and trade marks
Contracts for IT applications with artificial intelligence (AI)
Contracts for the use of drones

We support you in contract negotiations, we check the suggested contractual changes by your contractual partner and we accompany you until the final version of the agreement is ready to sign.

IT Labor Law

tough — Thu, 29 Jun 2017 10:40:52 +0000

The usage of the IT and TC (telecommunication) equipment of the employer by the employee should be regulated in detail so that later on there will be no insecurities about the usage of ressources of the employer and that there will be no avoidable disadvantages between the employer and the employee in litigation before labor courts.

For that purpose our legal office will prepare the following IT and TC cooperate guidelines, policies, work council agreements and users’ regulations:

IT usage
E-Mail and Internet usage
Mobile back up media (Laptops, USB sticks, removable disks, mobile phones, PDAs)
TK usage and automatised collection of meeting minutes
Working at computer monitors and usage of login information
Video surveillance
Access control
Access control and time registration
Home office
Processing of personal data
Mobile work
Videoconferencing Systems (MS-Teams, Zoom, Cisco WebEx, etc.)
Social Media (MS-Yammer, WhatsApp, facebook, Instagram, TikTok, XING, LinkedIn, etc.)
Intranet, platform for employees (MS-SharePoint, MS-Viva, SAP SuccessFactors, etc.)
Encryption of hard discs
Data protection
IT Security and data protection at the work place
Application management

Online-Contracts

tough — Thu, 29 Jun 2017 10:40:00 +0000

Because of the increasing trade volume on the Internet an increasing number of companies ask for contracts in order to merchandise their goods and services legally admissable.

The services of our law firm include following contracts in the field of the Internet:

web design
web hosting
transmission of domains
service of domains
banner
supply of web content
trade of information via online database
distribution of music via the Internet
mailing services
Internet auctions
usage of websites

Internet and Domain Right

tough — Thu, 29 Jun 2017 10:39:08 +0000

Before a company books an Internet Domain, it is necessary to check if the booking of the domain or the usage will violate rights of third parties. Since the booking or the usage of a domain can violate copyrights of third parties, a detailed research of the national and international directories, on the Internet and at the German Patent and Trademark Office is required in order to avoid the violation of the rights of third parties. Furthermore, it has to be checked if there is a danger of confusion related to an existing brand or company name of a third party by the usage of the domain of the client. If the rights of third parties will be violated, the holder of the domain will be threatend by a reminder, act of disposal and claims in order to delete the domain which is object at the issue. This often involves high court and lawyer fees.

Additionally, the violater will be threatened with information entitlements and entitlement of disgorgement by the injured party if his or her trademark rights have been violated. For the presentation of a company on the Internet by booking and using an Internet Domain, expert advice by a specialized attorney is recommended in order to avoid unpleasant and cost-intensive suprises.

The services of the legal office are include particularly

Checking of domains in terms of violations of trademark rights
Implementation of entitlements of deletion of a domain facing third parties
Assigning of domain names to third parties, application of dispute
Domain act of sale
Contract of domain sale
Change of the domain to another Internet Service Provider

E-Commerce and E-Business

tough — Thu, 29 Jun 2017 10:20:36 +0000

Companies which run a web shop are obliged to keep a number of rules in order to behave legally compliant. It is necessary to have an already existing web shop or a web shop which is still under construction checked by a specialized attorney if it is legally compliant. In many cases the terms and conditions have to be reworked since a few clauses are not up-to-date anymore or can cause a reminder. It is also important to draw the attention to current, correct and completed right of revocation. The company in charge is also obliged according to the law of disclose information, to give hints to the customer for the order process, especially for the shopping cart. Furthermore, according to the price regulation all products of the Internet shop have to be priced exactly, the prices have to be transparent for the customer; whether the tax is included in the price or not. Additionally, every owner of an Internet shop has to draw a data private policy up and has to ask for and save the required agreements for data security. If the customer is offered a news letter, it has to be treated with the double-opt-in procedure in order to avoid reminders in terms of competition law. Moreover, the guidelines of regulation on packaging, on clothing, on batteries, on electronic scrap and the guidelines of the customs have to be considered. If non-copyrighted protected descriptions of products or violations of copyrights of third parties will be detected by competitors, costs of some thousand Euro will be caused which could have been avoided.

Each mistake in the terms and conditions, in the order process, with prices, within the data privacy policy, with the agreements, with details for dispatch, with details for the customs, within the legal details, etc. can lead to reminders with costs by competitors or the Consumer Protection Board. The costs for the reminder and the professional judgement of the attorney can easily reach 1000 Euros or even more since the company has to mandate an attorney besides the costs of the reminder. The risk of a reminder can be well reduced by a legal expertise of the Internet shop and many costs can be saved therefore. The costs of a legal expertise are manageable and in contrast to the costs of the reminder they are relatively low.

Our legal office undertakes the task of legal expertise of existing, planned internet shops or shops just before the relaunch and will render the following service:

Actual quantity taken with a questionnaire for the examination of the webshop
Drawing up and updating of terms and conditions
Expertise of product range and order transaction
Writing of necessary confirmation emails
Drawing up of customers’ information acoording to the law on the obligation to disclose information
Expertise or updating of the data privacy policy
Drawing up the required agreements for data protection
Checking of newsletter procedure and agreements for direct marketing
Checking of requirements of further specific guidelines, especially price regulation, regulation on packaging, on clothing, on batteries, on electronic scrap, etc.
Drawing up of legally compliant details/imprints
If necessary the function of the external data protection commissioner

General Terms and Conditions

tough — Thu, 29 Jun 2017 10:05:58 +0000

If you need contractual regulations for several clients and you can not or do not like to negotiate these individually, terms and conditions are recommended. General terms and conditions can be bound for clients of hardware, software, IT services or online shops. The advise of a specialized attorney is necessarily recommended when working out or updating terms of conditions since clauses in general terms and conditions are mostly subject to the General Terms and Condition Authority of the Civil Code. If clauses in general terms and conditions are not transparent or surprising or inappropriately discriminatory for contractual partners, they are ineffective.

The services of the law office especially include the preparation of different IT contracts and especially among contracts like the following:

General terms and conditions for offerer of hardware
General terms and conditions for offerer of software
General terms and conditions for the maintenance of software
General terms and conditions for purchasing of hardware
General terms and conditions for purchasing of software
General terms and conditions for sellers of goods in the Internet (General Terms and Conditions for online shops)
General terms and conditions for websites, Internet auction houses, etc.
General terms and conditions for social networks, e.g. Facebook, Instagram, TikTok, Twitter, XING, LinkedIn, etc.
Terms of use for mobile apps
Terms of use for applicant management systems, e.g. SAP SuccessFactors
Terms of use for the intranet
Terms of use for the guest Wi-Fi