Whether data protection, examination and creation of terms and conditions, defense against warnings, escrow and more. - we offer the entire range of IT law!
The rapid development of information technology has made life easier and revolutionized it in many areas. At the same time, however, it also entails a large number of legal challenges and questions. IT law is a complex and constantly evolving area of law that requires expert advice and representation. Therefore has Attorney Stephen Hendel, LL.M. specializes in this area as a specialist lawyer for IT law.
Reasons for hiring a specialist lawyer for IT law
Here you will find our latest articles on the topic.
Almost every day we are asked, from startups to large companies, whether the general terms and conditions used are in order. Only in the rarest of cases were we presented with appropriate terms and conditions for the respective company. But why is that so? Probably because many entrepreneurs get their general terms and conditions from competitors or questionable websites. The professional creation of terms and conditions by a lawyer is not necessarily expensive. Before you go to a lawyer, however, you should ask yourself whether you need any terms and conditions at all. At this point, many clients ask us the question "Why, you need general terms and conditions in business dealings?" But that's just not the case! Nowhere is it written that you absolutely need terms and conditions for your business operations.
Actually, only if you want to settle a large number of (more or less similar) business transactions.
A good example of this is a car wash. You can personally tell every car driver that they need to disassemble the antenna, or you can do this with a clear notice before the car driver passes your car wash. This notice counts then already as general business condition after the §§ 305 ff. BGB.
For example, if you offer individual work for the customer, which in any case require a longer consultation time.
A good example would be a luxury car here. He must advise each customer individually about his car and the following work. Then it offers for the tuner hardly any or only a small added value, if he uses AGB.
Terms and conditions are a popular field of activity for many Abmahner - especially in the field of online use of terms and conditions. Maybe you have heard of the IDO Association? If so, you probably have been warned already.
First, the good news: the cost of such a warning from the IDO Association are reasonably low. The bad news, however, is that you should give or even have to sign a so-called penalty injunction. If you violate the duties regulated herein, then very high penalties are imminent.
You either have your terms and conditions professionally created by a lawyer or you waive the terms and conditions. You should always keep in mind that you are not required to use terms and conditions. If you do not use any general terms and conditions, the legal situation is governed by the laws such as the German Civil Code (BGB), HGB etc. This is completely sufficient for most applications.
In that case, you should contact a lawyer immediately. Make sure that the lawyer is familiar with Internet law and warnings. Under no circumstances should you sign the (mostly) enclosed declaration of discontinuance without prior examination. Here threaten massive disadvantages!
If you run an online shop, in most cases you also need a cancellation policy.
Then, sooner or later, a competitor of yours will report to you via his lawyer or a dissuasion association with a competition law warning. Such legitimation follows, inter alia, from § 8 para. 1, 3 No. 1 UWG. In these cases, the one already mentioned above applies: Never sign prematurely such a punishable cease and desist declaration! Always go to a lawyer specialized in internet law and warnings.
In short: pretty much!
Here are just a few examples that are important in an online business.
Since January 9, 2016, EU regulation number 524/2013 has come into force. At this point we would like to refer to an essay by our lawyer Stephan Hendel refer. The Link can be found here.
So you need to include the following link in a clickable way on your website https://ec.europa.eu/consumers/odr
In addition, many other problem areas must be considered. For example, in accordance with Article 246c and 246a EGBGB, you are required to inform us about the individual technical steps that lead to the conclusion of a contract, whether the contract is stored by the contractor after conclusion of the contract and accessible to the customer, or whether a statutory warranty right exists in accordance with Article 246a § 1 para. 1 p. 1 no. 8 EGBGB.
In this context is also the new General Data Protection Regulation (GDPR) which came into force on May 25, 2018. The aim of this new regulation is initially a largely uniform data protection law within the entire EU. The main objective is to strengthen the rights and control options of those whose personal data are processed.
In many respects, this date was to be understood as an absolute “deadline”, because the new General Data Protection Regulation brings many changes for both companies and consumers - compared to the previous legal situation. Above all, entrepreneurs should take a look at the innovations, because violations are punished with sometimes draconian measures.
Especially for entrepreneurs, the knowledge of the changes in IT law is an absolute must. In this context, mention should be made of the new General Data Protection Regulation, which is published on 25. May 2018 entered into force.
Online shop operators in particular should check their internet presence for legality. Just missing or wrong cancellation instructions are often warned. Especially in this area your Internet presence should have no weaknesses.
The responsible person of the company is obliged to do this. He wears gem. Art. 5 para. 2 and Art. 24 DSGVO accountability.
This also includes the "appropriate technical and organizational measures" to ensure conformity.
In terms of liability law, this means that there is a kind of reversal of the burden of proof on the part of the entrepreneur. So far, an interested party has had to prove to the court itself that a company is liable as the responsible body for incorrect processing of data. Now this duty is performed by the person responsible for the data processing.
These are available.
The first client has already turned to our law firm on 25.05.2018, ie on the day the DSGVO came into force. He had a warning from a (supposed) patient.
The client's website does not yet have an SSL certificate. This is gem. § 9 BDSG duty when operating a website with contact form.
Yes, definitely! Although we were able to find errors within the warning, this does not necessarily exclude compensation under Art. 82 DSGVO.
In any case, you should consult a trusted lawyer who is familiar with Internet law, competition law and IT law. Since it is initially mostly unclear which of these areas of law is actually affected, we recommend a specialized law firm.
Should you also have questions, we will gladly advise you at any time and analyze your needs situation in individual cases. Our Attorney Stephen Hendel has over 16 years of programming experience himself and therefore knows exactly how technical solutions can be reconciled with legal solutions. That is why we also advise many well-known technology companies such as TeamSpeak Systems Inc.