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IT Law

The law firm’s core competence lies in IT law. We advise on the protection of software and databases and, in particular, on drawing up and negotiating all kinds of IT contracts relating to the development, distribution and introduction of software. Our advice is also sought regarding transactions between enterprises and we contribute our specific know-how where a due diligence is conducted or IT-based business models are set up. We are familiar with the particular legal challenges posed by digitization in all areas of a company and in value-added chains (“Industry 4.0”, “IoT”, autonomous driving) and also provide legal guidance where innovative e-business models are introduced. We support our clients when projects run awry and conduct IT litigation and arbitration proceedings as both lawyers and arbitrators.

In addition to legal qualifications, IT law also calls for experience, an understanding of technical matters and creativity during the search for suitable solutions with a view to the technical and entrepreneurial problems involved. One of the pivotal factors in the success of Vogel & Partner in this area is the combination of knowledge of the industry, technical know-how and legal expertise on the part of our lawyers.

IT contract law

One of the central areas of our advisory services is the examination, development and negotiation of all kinds of IT contracts. These include cooperation, licensing, distribution and maintenance contracts as well as traditional and agile software development and project agreements. Based on the particular expertise of our lawyers we play a leading role in the field of outsourcing and cloud computing.

Since IT is increasingly of strategic significance for our clients, we also advise within the context of corporate transactions. We are in a position to provide teams at short notice in order to handle all issues of IT law within the context of M&A transactions and due diligences. On the basis of our specific know-how we support in-house teams from enterprises, partner law firms specializing in M&A as well as external advisors.

Data protection and IT compliance

Our work also focuses on the area of data privacy protection and IT compliance, for example when developing and assessing the risks of cloud computing models. We advise on the technical structure of IT systems with a view to data privacy (“privacy by design”), on setting up an in-house data privacy organization, on verifying the lawful nature of business models and their structure under data privacy law, for example by providing corresponding information on data privacy, by drawing up declarations of consent and contracts on commissioned data-processing. We also conduct and provide guidance during data privacy audits, offer support where “data breach notifications” are submitted and make external data privacy ombudsmen available to enterprises.

In the area of IT compliance, in addition to data privacy issues and aspects of IT security, we also verify the observance of other legal regulations. Our work in this respect regularly encompasses assistance during the establishment of legal licensing management, protection against risks where open source software is used as well as guidance during audits conducted at software producers. In the telecommunications field we provide advice, for example, regarding secrecy of telecommunications, on data retention for preventive purposes [Vorratsdatenspeicherung] and on open WLAN. Our profile is completed by the by the establishment of appropriate internal control and risk management systems in order to avoid liability risks for management.

(Technology) projects

In addition to our competence in the development and negotiation of complex project agreements, we also possess extensive know-how in the area of legal project management. This concerns projects with an IT focus such as ERP introductions, software projects in a logistics environment and in the fields of banks and insurance. We also have experience in facilities construction projects and similar investment projects. We are familiar with traditional and agile project methods - not just based on book knowledge. We study and understand technical and other specifications. We work closely with IT consultants and other specialist advisors and are familiar with their view of the matter. We are able to contribute to the success of our clients’ projects.

E-Health

In the field of e-health our advisory services cover all legal issues concerning the use of IT and communications technology in the health system. In particular, we provide advice to enterprises offering healthcare IT and medical products, to hospitals and others offering services within the health system and to health insurance companies, for example with regard to electronic patient files and health apps.

Apart from the question of health data protection, we advise on questions of the evidential value of electronic documentation, the ban on remote treatment, the regulation of medical products, the IT-support cooperation between those offering medical services and on financing by cost centres. In this connection we draw up and negotiate contracts on particular, especially IT-integrated forms of health care (selective contracts, model and other projects especially but not exclusively in the state health insurance system). Our portfolio includes legal guidance throughout medical quality assurance processes and research. Advice on the challenges posed by provisions regulating the professions as well as those arising under social welfare and competition law in the IT environment of the health care system complete our services.

Online law und e-business

We deliver comprehensive advice in the area of internet and media law as well as e-commerce. The legally safe and secure establishment of web shops, e-mail marketing tools and internet portals forms part of our services, as does advice for our clients with regard to innovative web- and app-based business models, e.g. in the areas of affiliate marketing, Big Data, e-payment, wearables and block chains. In addition to terms of use and data protection terms, we also draft and finalize IT, internet and social media guidelines. We have substantial expertise and experience in disputes concerning the law regulating domains, trademarks and other designations.