IT, Outsourcing & Digitalization

Understanding and implementing digitalisation

IT law

In a globally competitive environment, a modern, functional IT infrastructure is absolutely essential for every company. At the same time, the procurement, introduction and upkeep of new hardware and software solutions pose complex challenges from a technical and legal perspective. This also applies for the purchase of IT-based services. Continuously adapted service models such as managed services, cloud computing or software as a service lead to increasing specialisation when it comes to overall legal conditions.

We will assist you as a partner in all these areas with our professional expertise. In collaboration with you, we will work out the details of legal requirements where needed, develop tailor-made contract drafts and represent your interests during subsequent negotiations.

E-commerce and digitalisation

We ensure that websites and e-commerce platforms are compliant with all legal requirements and support you in matters of data protection and IT security.

During digitalisation projects, we will help you in arranging the overall conditions for digital services, introducing new online platforms or setting up cooperative projects with innovative start-ups.

Outsourcing

Outsourcing responsibilities to external service providers is now an essential component of most company strategies. The outsourcing models used in this regard have become increasingly more specialised and flexible, which is also reflected in trends such as cloud computing.

We have assisted clients successfully in national and cross-border outsourcing projects since the 1990s. Thanks to this extensive experience, we can also support your projects with the highest degree of specialist expertise. We know and understand the different starting points, needs and typical negotiation positions for outsourcing service providers as well as their clients.

IT and business process outsourcing

Complex outsourcing projects require a great deal of expertise in numerous areas of law. In addition to conventional contract law, labour law and data protection law generally play an important role. Sector-specific regulatory requirements are a common factor, for instance in the finance and insurance sector.

We can bring in proven experts from our firm in all relevant matters whenever necessary. In this way, we can guarantee you rapid, solution-oriented advice for all legal considerations at the highest level.

In addition to conventional IT outsourcing, our practice specialises in business process outsourcing projects and similar long-term business relationships. We support our clients when procuring services in fields such as facility management, call centres, purchasing, logistics and payroll accounting.

Cloud and platform economy

In addition to traditional on-premise solutions, private and public cloud solutions have become established for in-house IT. In addition, a large number of services are provided on the basis of cloud offerings. In addition to the provision of software (software as a service), this also includes provision models for infrastructure (infrastructure as a service) and platforms (platform as a service).

While the individual offerings differ in terms of the services provided and the depth of added value, the cloud contract models - which are typically Anglo-American in nature - pose recurring problems. Contractual solutions are required here which, on the one hand, address the requirements of customers (e.g. with regard to outsourcing in the financial sector and outsourcing in the insurance sector) and, on the other hand, leave sufficient leeway for providers to enable the advantages of as a service offerings associated with the high level of standardisation.

From our consulting practice, we know the requirements of the customer side as well as the needs of the providers and can develop customised and pragmatic solutions together with providers and customers on this basis. In addition to being bound by mandatory legal requirements (such as in the area of data protection and data security), other regulatory mechanisms such as graduated audit rights or transparency obligations (e.g. in the form of notification obligations or notice periods) can also be considered. In addition, regulations on data portability that facilitate a change of service provider can also provide an appropriate balance.

Artificial intelligence and autonomous driving

The publication of ChatGPT and other chatbots has brought the possibilities of artificial intelligence to the centre of public interest. There are already numerous economic sectors in which the use of forms of artificial intelligence is established. For example, modern fraud detection mechanisms in the financial sector are based on adaptive algorithms and artificial intelligence methods. Advances in the field of autonomous driving would also be inconceivable without artificial intelligence.

For legal practitioners, the development and use of artificial intelligence raises numerous questions in areas such as data protection, copyright and contract design. In addition, numerous questions arise in the areas of attribution and liability. At the same time, the AI Regulation, which will significantly shape the legal framework for the development and use of artificial intelligence, is still in the legislative process in the European Union.

We support our clients in the legally compliant and future-proof use of artificial intelligence processes.

Future technologies

Modern technologies enable efficiency gains and completely new products using cryptographic processes. Using a blockchain, decentralised trust structures can be created that allow new forms of collaboration between companies. At the same time, the cryptocurrency bitcoin, for example, makes it clear that modern technologies can also lead to new risks such as fraud and money laundering.

European legislation is responding to these challenges by further developing the legal framework and introducing new regulatory requirements. The Markets in Crypto Assets Regulation (MiCA) now provides the relevant framework for the crypto asset sector. At the same time, the legislator is also responding to technological developments by authorising digital technologies in areas where legal certainty was previously guaranteed by analogue procedures. For example, the Electronic Securities Act (eWpG) authorises the issue of purely electronic securities. At the same time, issues of IT security and digital resilience, which already apply to a large number of companies outside of the financial sector, are increasingly coming into focus (see our checklist on the applicability of the NIS 2 Directive).

In consulting practice, regulatory issues in particular arise alongside classic IT and technology law issues. Together with experts from the Banking & Finance division, we offer comprehensive advisory solutions in this area.

Law of the digital economy

While the handling of personal data was initially at the forefront of legal developments, data without a direct personal reference is now increasingly becoming the focus of economic and legal policy considerations.

The future legal framework for the digital economy is being created with a large number of - predominantly European - legal acts and the traditional property regime is being further developed for the age of data. 

The EU's Data Act in particular - which is currently at the draft stage - aims to comprehensively reorganise the law on non-personal data by establishing rights to data, granting access rights and setting guidelines for the legal relationships between the parties involved. At the same time, the Data Governance Act is intended to regulate and improve the framework conditions for the use of existing databases.

We are closely monitoring this legal development and are therefore already in a position to take the future effects into account in our advisory activities. This enables our clients to take advantage of the opportunities presented by the legal framework at an early stage and to fulfil the relevant requirements from the outset.

Advice from a single source

We offer you comprehensive solutions and provide the expertise of our specialists in all related legal areas – corporate law and labour law, supervisory law, tax law and all other applicable legal subdisciplines.