A ruling by the Higher Regional Court of Frankfurt (case reference: 10 U 201/22) on December 19, 2024 dealt with a central conflict in IT services: the distinction between a contract for work and a contract for services. It concerned the development of interfaces within a larger software project and the question of whether the provider is liable for a specific success or merely for diligent action. This decision is of considerable relevance for companies as it provides guidelines for the drafting of contracts and legal protection for software projects.
Category: Technology- & IT-Law
Companies that want to optimize their processes, make more informed decisions or develop innovative business models are increasingly relying on AI systems. However, the technological opportunities are also accompanied by considerable legal challenges, particularly with regard to warranty law. Anyone wishing to acquire an AI system for their company or train their own neural network on platforms such as Azure or AWS should carefully examine the legal framework.
In 2025, robotics will have established itself as one of the driving forces in our society: intelligent machines are not only finding their place in industry, but also increasingly in everyday life. This development creates both opportunities and profound challenges that affect the labor market, the structure of society and the legal system. A recent article in the Handelsblatt serves as a starting point for me to write a few fresh lines on an underrated topic with considerable legal and socio-political explosiveness. Note: The article first appeared in German on my blog on robotics law!
Cyber incidents, whether caused by external attackers or internal employees, present immense challenges to companies. In addition to ensuring business continuity, the forensic analysis of such incidents is essential to minimize damage, identify perpetrators, and collect legally admissible evidence. However, IT forensics operates in a highly complex legal environment. Companies must closely align legal requirements and technical capabilities not only to close security gaps but also to prevail in potential legal disputes.
The pressing questions are: How can incidents be clarified, perpetrators identified, and all legal requirements met at the same time? IT forensics provides essential tools but is not solely a technical discipline. It requires a precise interplay of technology, law, and organizational measures. Management, in particular, is responsible for creating an environment in which IT forensic measures can be implemented effectively and in compliance with the law—ideally before an incident occurs. This article highlights the legal aspects of IT forensics, from threat analysis to securing evidence that is admissible in court.
Geographical indications are more than just a geographical label – they represent quality, tradition, and the cultural value of a product. Whether it’s Parma ham, Champagne, or Murano glass, products with protected geographical indications (GIs) hold significant meaning for consumers and producers alike. But what happens when these labels are misused or counterfeited? Such cases are not only violations of intellectual property rights but also harm consumer trust and the reputation of entire regions.
Contracts are the backbone of any business transaction, and understanding the nuances of contract law in different jurisdictions is crucial. In Germany, the distinction between General Terms and Conditions (“Allgemeine Geschäftsbedingungen” or AGB) and individually negotiated agreements is a key consideration that can significantly impact the enforceability of contractual clauses. For international business leaders engaging with German contracts, this guide provides a comprehensive overview of the critical issues to watch out for.
The integration of Artificial Intelligence (AI) is one of the driving forces of digital transformation, opening new horizons for businesses. However, alongside technological and economic considerations, legal aspects play a central role. This article highlights the most important contractual challenges and provides practical insights for software developers and management.
In its ruling from July 23, 2024 (Case No. 84 O 124/23), the District Court of Cologne addressed the legal obligation of retailers to accept old electronic devices under specific conditions free of charge. The court focused on the take-back obligation under the German Electrical and Electronic Equipment Act (ElektroG) and whether a retailer’s refusal to accept old electronic devices constituted a violation of these statutory requirements.
In the judgment of the Saarland Higher Regional Court of Saarbrücken (Case No. 2 U 75/23), the court ruled that a contract for the subsequent installation of a delivered battery storage unit is generally classified as a purchase agreement with an installation obligation, rather than a contract for work. This distinction significantly impacts the rights and obligations of the contracting parties as well as the statute of limitations for warranty claims.
The European Court of Justice (ECJ) recently issued a ruling (judgment of October 4, 2024) stating that the General Data Protection Regulation (GDPR) does not provide an exhaustive list of who may pursue data protection violations. This decision has significant implications for competitors who seek to address GDPR breaches.