We are a Mannheim-based law firm with a regional focus, specializing in business law. What makes us unique: Every lawyer in our firm is a specialist in their field, providing you with a solid basis for decisions on your legal questions. Whether it's IT law, internet law, or IP law: we offer professional legal services at a fair price.
IT Law
We are your partners for legal support in IT projects and contract negotiations. We also assist you with contract design. Our expertise lies in the following areas:
IT Contract Law/Software Contracts
Software License Agreements
Software license agreements grant the user the right to use a software. This right of use can be structured and transferred through different types of license agreements.
Our lawyers specializing in IT law can best support and advise you as a company, agency, programmer, etc. in the contractual design of software licensing.
Software licensing agreements
Software licensing agreements involve the paid transfer of software by a company to the software purchaser.
Within the scope of a software license agreement, the following points, in particular, need to be clarified:
- The subject of the contract
- granted usage rights
- The amount of remuneration for the assignment
- Liability and Limitation of Liability
- The contract term
- The right to terminate
We support companies interested in acquiring software, as well as programmers/developers who want to distribute their software, with the individual contractual design of software licensing agreements.
Software Development Agreements
Software development agreements are contracts for the creation of custom software. The difficulty with software contracts lies in the fact that, at the beginning of an IT project, neither the developer nor the client/user knows exactly what they actually need. Naturally, the needs and functions that the software must fulfill can only be precisely determined in the course of the project.
As a special feature, in the context of software contracts, attention must also be paid to the fact that, in addition to the actual main performance obligation, the provision of the software, the transfer of the rights of use to the software must also be regulated.
Software rental
In addition to software development contracts, renting software is also conceivable. This involves the temporary transfer of usage rights to a software.
Apart from the tenancy law applicable here, the predominantly pre-formulated contract texts (GTC) should also be able to withstand a legal validity check.
Software leasing
In practice, so-called software leasing agreements have now replaced previous rental agreements.
A lease agreement typically involves a contract for the transfer of use. This contract outlines, for example, the lessor's obligation to procure and finance the leased object (in this case, the software) and then make it available to the lessee.
In leasing, a distinction is made between operating leases and finance leases.
Software maintenance and support agreements
Service contracts in the software sector can be divided into software maintenance and software support agreements. The classification depends primarily on the scope of the services provided.
Further, a distinction can be made between 3 service levels:
- Master agreements
- General service agreements, as well as
- individual contracts for individual services (e.g., the delivery of software updates)
The subject matter of a software maintenance agreement is the maintenance of the named software in the modules designated therein by the contractor. The updating of the software or adaptation to new legal requirements is usually not owed.
IT Outsourcing
IT outsourcing is about outsourcing IT services from the company. This outsourcing plays an increasingly important role today because it can often save costs and time. As part of outsourcing, from a legal perspective, in addition to IT law, issues of Data protection law, corporate law, and labor law. So-called service level agreements contractually regulate the scope and quality of the service.
The planning of IT outsourcing should also absolutely recognize and control the disadvantages, such as the outsourcing provider's constant dependence on the service provider.
Internet law
Internet law, also known as online law, is a very multi-faceted field composed of an intersection of different legal areas. Primarily, in addition to civil law, these include competition law, copyright law, name and trademark law, media and broadcasting law, as well as data protection and telecommunications law.
Application areas in internet law include, for example:
- A legally compliant online shop (Terms and Conditions, competition law, privacy policy)
- The Impressum Obligation
- The provider contract
- Warning traps
- File sharing
- Trademark infringement through the choice of domain name, domain use, and domain trading
- Operator liability for websites and social media profiles
- Incitement to criminal offenses / insults in forums or social media
- Protecting Children and Adolescents Online
- Competition Law Warning: Lawfulness and Design of Advertising
- The Protection of Copyright Holders and Private Copies
- Data retention
For a better overview, we will explain key aspects of internet law in more detail and highlight common problem areas and pitfalls:
Online shop
First and foremost, the imprint obligation must be observed for online shops. In addition, terms and conditions tailored to individual use must be available. Furthermore, the Unfair Competition Act (UWG) and the Price Indication Ordinance play a role: In particular, a whole series of regulations must be observed regarding product advertising and presentation, which primarily serve consumer protection. Since selling via an online shop constitutes remote selling, consumer cancellation regulations must also be considered. Finally, data protection law also plays a significant role. In particular, a data privacy policy must be in place, which can vary greatly from one shop operator to another. It should only be mentioned in passing that effective data protection must also be ensured with regard to advertising measures for the online shop or the tracking of user data.
2. Imprint Obligation
A legal notice is required when offering telemedia services. This is always the case when something is offered on the internet on a commercial basis. In principle, this includes both paid and unpaid offers: the decisive factor is the intention to make a profit.
The imprint obligation applies not only to a company's own website, but also to platforms like eBay, Amazon, or Facebook.
The legal situation with Instagram is problematic: first, the question arises whether a purely private or a commercial Instagram account is being operated.
Good to know: An incorrect imprint is grounds for a warning. Therefore, special importance should be placed on having a correct imprint. The necessary content of the imprint can also vary depending on the professional group. If in doubt, it is advisable to consult an internet lawyer.
3. Consumer Law
The aim of consumer law is the protection of consumers. Its scope extends to so-called distance contracts and contracts concluded outside of business premises.
The idea behind consumer law is that consumers often don't have the opportunity to reconsider their choices and make purchasing decisions without the chance for actual inspection.
A fundamental core element of consumer law is the consumer's right of withdrawal. This applies regardless of any actual defects and can be exercised up to 2 weeks after the conclusion of the contract, with timely dispatch of the declaration of withdrawal within this period being sufficient to meet the deadline.
Good to know: The revocation is not bound by any form.
From the entrepreneur's perspective, there are extensive disclosure obligations regarding the right of withdrawal towards consumers. The information required for extensive disclosure must be provided to the consumer in clear and simple language along with a withdrawal notice before the contract is concluded. After the contract is concluded, the consumer must be confirmed the notice on a durable medium.
Warning: Even with an incorrect revocation notice, warnings are possible.
4. GTC
General Terms and Conditions (GTC) are particularly important in online law. In the mass business of the internet, companies generally use GTC for contract design. This also makes sense, as otherwise concluding contracts online would be enormously complex and time-consuming.
However, at the same time, there are many dangers lurking in the careless use of general terms and conditions. The law prescribes a wealth of regulations that must be observed by the entrepreneur when using general terms and conditions, and failure to comply can have unpleasant consequences. In addition, the regulations on general terms and conditions, particularly in the area of distance selling law, are subject to annual changes and innovations, making it difficult for laypeople to maintain an overview permanently.
Invalid general terms and conditions are also subject to warning letters. Common errors here are primarily
- the inaccurate indication of delivery times
- Limitation of Liability
- Shortening of the statute of limitations
- Jurisdiction clause in consumer contracts
It is therefore advisable to review and update existing general terms and conditions periodically to avoid warnings and faulty clauses. The use of third-party general terms and conditions is strongly discouraged, as they are usually tailored to the individual situation of the user and therefore do not necessarily apply to one's own company.
5. Trademark and Name Law
Trademarks are protected signs (§ 1 Item 1 MarkenG). „Trademark“ refers to a sign that is capable of distinguishing goods or services of one company from those of another company.
The law of names encompasses the right to a name as well as the rights that arise from that name. This includes, for example, the right to prohibit unauthorized use of one's own name. If further unauthorized uses of the name are to be feared, legal action for injunctive relief can be taken based on the law of names.
6. Liability of Online Services
Specifically, this concerns liability for links and the liability of the access provider.
7. Advertising Law Issues in Online Marketing
The GDPR has extensive implications for the admissibility of online marketing measures. In particular, the tracking of user data, whether for the collection of statistical data or the personalized delivery of advertising content, is severely restricted by the GDPR. According to the new ECJ ruling on cookie consent, user consent must generally always be obtained before cookies are stored.
The following marketing and analytics tools as well as measures are affected by this, among others:
- Google Ads Retargeting
- Facebook Pixel
- Google Analytics
- Google Optimize
- Google Tag Manager
- Google Ads Conversion Tracking
- Smartlook
- Crazy Egg
In addition, the provisions of the UWG must be observed. This sets requirements for how advertising may be conducted. In this regard, the so-called UWG blacklist is particularly noteworthy, which lists advertising measures that are prohibited by law. However, other measures that are misleading to consumers are also prohibited under the UWG. Violations can be warned against by consumer organizations and competitors.
8. Copyright
The focal point of copyright is the author, and thus the creator of a work. Therefore, the creator is the painter, composer, songwriter, or programmer. Once the natural person has brought their idea, which itself is not protected, into a tangible form, certain rights accrue to them. For example, the right to exploit the work can be mentioned.
Copyright also plays a major role on the internet. In particular, this involves the unauthorized use of third-party content and photos.
To be distinguished from copyright is the right to one's own image. It describes a form of the general right of personality. Basically, the underlying statement is that images of recognizable persons may only be distributed and reproduced with the consent of the affected person.
9. Cybercrime
Internet criminal law, as a sub-field of internet law, also plays an important role. In practice, the following groups of cases are frequently encountered.
Child pornography
To protect children and adolescents who are performers in pornographic writings and are abused, Germany has a comprehensive ban on distribution, acquisition, and possession. The aim is to eliminate the market for such products.
File sharing
A meaningful German translation for filesharing is „shared file distribution.“ In this type of file transfer, downloading a file usually makes it available for upload to other users. Both uploading and downloading violate the author's rights according to §§ 19a, 16 UrhG. In filesharing, not only the person acting but also the later owner of the file or the network operator can be held liable.
Film streaming
Legally speaking, so-called streaming constitutes a rental agreement. The underlying files are usually not saved permanently but are only used for a single instance. The remuneration for merely listening to and watching the film material is therefore lower than for a purchase.
Darknet
The Darknet is understood as a secluded area of the internet that is only accessible with special software. Using a Darknet network itself is not illegal and serves anonymous internet communication. However, the majority of Darknet offerings serve illegal purposes.
Insults on the Internet
Insults occur by posting a statement „online.“ If this statement is then perceived by at least one person, or if there is only the possibility that a person can understand it, then an online insult exists. An insult within the meaning of Section 185 of the German Criminal Code (StGB) can lead to a prison sentence of up to 2 years or to fines.
Incitement to commit criminal offenses
Public incitement to commit criminal offenses remains punishable under Section 111 of the German Criminal Code (StGB). Objectively speaking, mere advocacy is not sufficient at this point.
Criminal Procedure Law
This specifically concerns procedural measures for surveillance in criminal proceedings. Examples include online searches and data retention, as well as the monitoring and seizure of emails.
Intellectual Property Law
Intellectual property law refers to rights related to intellectual property and industrial property rights, broadly encompassing copyright law, trademark law, and competition law. Parts of press/media law (general personality rights) are also located here.
In the context of IP, IT, and internet law, publishing, media, and press law must also be included. We work for a large number of medium-sized publishing houses, whom we advise and represent out of court and in court in specific legal matters.
Do you need legal advice in IP, IT, or internet law?
As lawyers specializing in IP law, IT law, and internet law, we have many years of practical experience and can offer you comprehensive advice and targeted solutions.
How can we help you
As experienced lawyers with over 30 years of experience and 15,000 cases handled, we are trained to develop individual solutions for our clients. You are our focus. This is also reflected in our reviews: the majority of our clients recommend us, which we are particularly proud of. And that is why we are confident that we can competently assist you with your legal problem.
This is how the consultation works
First, contact us either by phone or using the contact form below. Please describe your situation. Afterwards, we will get a clear picture of your situation in order to provide an initial legal assessment.
How to find us
Our law firm in Mannheim is located at P7, 22.
