Practice instead of just desk: Specialist lawyer for IT law
Cloud & digital products
The relocation or outsourcing of IT “to the cloud” is the norm today. Our clients include providers of infrastructure to IT services that are contractually accompanied.
In addition to the cloud, digital products are an essential part of the activity in IT law. As a result of the latest efforts of the EU legislator, there is now a comprehensive set of rules for the sale of digital products such as software to consumers – this applies to everything from classic software and software as a service to simple web hosting products. So-called goods with digital elements have now also been subject to dedicated legal regulation.
There are few scenarios as prone to error as IT projects: faulty coordination, constant change requests, lack of cooperation (for which the other party is always responsible, of course…) – all this has led and continues to lead to costly failures. Specialist lawyer for IT law Jens Ferner, formerly a software developer himself who was responsible for his own IT projects, knows both sides of the table.There are few scenarios as prone to error as IT projects: faulty coordination, constant change requests, lack of cooperation (for which the other party is always responsible, of course…) – all this has led and continues to lead to costly failures. Specialist lawyer for IT law Jens Ferner, formerly a software developer himself who was responsible for his own IT projects, knows both sides of the table.
Due to the reform of (IT) contract law in 2022, there will also be significant changes in the area of handling software projects under business-to-business levels.
Specialist lawyer for IT law advises on digitalization
Digitalization takes its toll: neglected IT security, underestimated data protection, far too much overhead and thus a burden on processes that should actually be more effective. RA JF is more than just right: He is a software developer who is proficient in C++ and PHP as well as Python including neural networks. From his time as a freelance software developer, he still knows how IT projects work and why they tend to fail – including agile software development and DevOps.
We know these problems and have never gone along with the madness of blind digitization. That is why we focus so strongly on personal support, because good performance is not compatible with automated tools. And that’s why we occupied niches early on that were hardly the subject of legal advice at the beginning, such as IT security or advice on the DSGVO-compliant design of software.
IT Contract Attorney in Germany?
What about IT contracts in Germany? There are different types of contracts in IT law.
For example, there are contracts for
- supply of hardware and software
- creation of custom software, and
- IT services (such as consultancy, maintenance and support contracts and hosting contracts).
Finally, there are special forms of IT contracts, for example for freeware, open source software, Software as a Service (SaaS) and Application Service Providing (ASP). Depending on the IT contract, different types of contract regulated by law may be applicable (e.g. purchase contract, service contract, rental contract). Unless otherwise agreed in the IT contract, the law will always apply. As a specialist in IT law, German lawyer Jens Ferner advises companies on all aspects of IT and technology law. He specialises in the use and liability of software, batteries and semiconductors. Typical areas of IT contract law are
- Software development agreements
- Software licence agreements
- Hardware or software purchase agreements
- IT sales agreements
- IT project agreements
- IT outsourcing agreements
- Provider/Domain Agreements
- International IT Contracts
Modern specialist lawyer for IT law
There is no “IT law off the assembly line” here, but only selected topics: As a specialist attorney for IT law, attorney Jens Ferner deals with issues in technology law, with a focus on software law and environmental technology.
As a specialist lawyer for IT law, I only work for companies and tradespeople: I love technology and work very personally, with enormous professional standards – and clear specialization. By focusing on individual projects, without “working on mass” or for consumers, I offer a whole new level of specialization and personal work.
Good advice in IT law: investing in your idea!
Please let us say it frankly and harshly: Stinginess in legal advice in IT law is unfortunately as common as it is simply embarrassing.
For us, it is regrettably commonplace that companies get in touch “at the last minute”, so to speak, and then you are only supposed to “quickly” nod off in IT law what was previously worked out internally for months, free of legal expertise. Or: there are young people sitting in front of you on the conference table with the most expensive brand-name hardware in front of them and talking about horrendous sales – but then they start haggling when you explain how expensive the consulting will be.Please let us say it frankly and harshly: Stinginess in legal advice in IT law is unfortunately as common as it is simply embarrassing.For us, it is regrettably commonplace that companies get in touch “at the last minute”, so to speak, and then you are only supposed to “quickly” nod off in IT law what was previously worked out internally for months, free of legal expertise. Or: there are young people sitting in front of you on the conference table with the most expensive brand-name hardware in front of them and talking about horrendous sales – but then they start haggling when you explain how expensive the consulting will be.
Legal advice in IT law that is as early as it is serious is an investment in your product when developing IT products (whether hardware or software). You are exposed to a multitude of rules, which in the worst case can lead to a product recall – and in the case of services, poorly thought-out contracts can jeopardize your entire turnover. The costs of the legal advisor are indispensable costs like the marketing or the actual development. We offer absolutely fair prices and outstanding personal service – but that only works if you don’t work on mass. So don’t be surprised that we naturally have a waiting list for new mandates and get in touch early.
When is one a “specialist lawyer for IT law” in Germany?
The Federal Bar Association describes the qualification of a specialist lawyer as follows: Specialized attorneys are attorneys who can demonstrate special theoretical knowledge and practical experience in a particular field. The title “specialist lawyer” is awarded by the regional bar associations. Prior to this, an intensive examination is carried out in accordance with a catalog laid down in the Specialist Lawyer Regulations to determine whether the necessary requirements have been met.
A specialist attorney for IT law offers special knowledge in the field of information technology law in the areas proven with the specialist attorney regulations:
- Law of IT contracts, e.g. web design contracts, Internet system contracts, search engine optimization contracts, etc.
- Law of electronic commerce, especially consumer law and competition law, i.e. all around online stores
- Intellectual property law, especially copyright law and general personality law
- Trademark law, especially protection of names and trademarks
- Data protection law
- Domain law
- International relations, especially private international law
- Telecommunications law & telemedia law
- Criminal law with IT reference, especially media criminal law (Internet criminal law)
IT-law: advice from a single lawyer
Better the large law firm – or why a single specialist lawyer for IT law?
The specialist lawyer for IT law is a specialist who advises and supports companies in all matters relating to information technology, the Internet and e-commerce. Advice in IT law is particularly important because the legal framework and challenges in the IT sector are constantly changing.
The following describes some of the services that a specialist IT law attorney can offer companies – and then the advantages that a single specialist attorney has over a large firm with many attorneys:
- Contract law: A specialist lawyer for IT law can support companies in the drafting and review of contracts in the IT sector, such as software license agreements, cloud computing contracts, IT project contracts and service level agreements (SLAs). The specialist lawyer can help minimize legal risks and protect the interests of the company.
- Data protection and data security: The specialist lawyer can help companies ensure compliance with data protection laws and regulations, particularly with regard to the European General Data Protection Regulation (GDPR). This includes drafting data protection declarations, advising on the implementation of technical and organizational measures, and training employees on data protection and data security issues.
- Copyright and industrial property protection: The specialist attorney supports companies in securing and enforcing copyrights, trademarks, design patents and patents as well as in defending against unjustified claims by third parties.
- IT compliance and IT security: The IT lawyer can help companies meet their IT compliance requirements by assisting in the creation of policies and procedures and ensuring compliance with legal and regulatory requirements. We offer special IT compliance packages with very attractive prices!
- Digital advertising law: There are many rules of the game when it comes to advertising digital products and services. In Germany in particular, you have to be careful – there’s a risk of expensive disputes.
A single attorney specializing in IT law can offer numerous advantages over a large firm with many attorneys. These advantages include personal attention, where the client communicates directly with the attorney and does not have to navigate through the various layers of a large law firm. In addition, a single specialized attorney is often more flexible in his or her availability and can respond more quickly and effectively to the client’s needs.
Another advantage is cost efficiency. Individual specialist lawyers typically have lower overhead costs than large law firms, which can result in lower fees for their clients. They often offer customized and cost-effective solutions tailored to the specific needs of the business without the financial overhead that can be associated with a large law firm.
A lawyer specializing in IT law usually focuses on his or her area of law and therefore has a deep understanding of the subject matter as well as up-to-date knowledge of new laws and developments. Compared to a large law firm, where the lawyers may cover different areas of expertise and not focus exclusively on IT law, the specialist lawyer can offer more effective solutions and strategies.
Furthermore, individual specialist lawyers can build long-term and trusting relationships with their clients, enabling them to better understand the company and its individual needs and provide tailored and effective legal solutions.
Overall, a specialist attorney for IT law is a valuable support for companies in a constantly evolving and complex area of law. A single specialist lawyer offers personal support, flexibility, cost efficiency, specialization and long-term relationships, which in many cases can be an advantage over a large law firm with many lawyers.
Jens Ferner, a specialist attorney for IT law, is constantly undergoing further training and provides proof of this to the bar association in order to be allowed to use the title “specialist attorney for IT law”. Here you can find selected current certificates of further education (here you can find older certificates of further education).
EU-wide IT law – what’s in store for you …EU-wide IT law – what’s in store for you …
IT law, including the legal issues of digitization, is high on the EU agenda. You should be prepared, cleaning up afterwards is just more time-consuming (and thus more expensive) than taking care of it beforehand.
It has become infinitely much, which concerns the digitalization politics of the EU – and which comes on you in the IT right, if necessary only indirectly. We want to and will at least briefly write something about all the important topics and of course advise on them:
- AI-Act: Artificial Intelligence Act (KI-Verordnung und KI-Richtlinie)
- CRA: Cyber Resilience Act
- CSAM: Regulation on Child Sexual Abuse Material
- DGA: Data Governance Act und Data Act
- DMA: Digital Markets Act
- DORA: Digital Operational Resilience Act
- DSA: Digital Services Act
- ECA: European Chips Act
- EPVo: E-Privacy-Verordnung
- MaRisk: Minimum Requirements for Risk Management
- MiCA: Markets in Crypto-Assets
- NIS2: Directive on Security of Network and Information Systems
- Supply-Chain: Lieferkettensorgfaltspflichtengesetz
- TTPF: EU-US Transparency Privacy Framework