Bartsch Rechtsanwälte

IT Law

During the winter semester of 1984/1985, at the University of Karlsruhe, Prof. Dr. Michael Bartsch delivered the first academic lecture in Germany on the issue of contractual structures in the IT industry, and since then has been one of the most prominent IT lawyers in Germany. In the meantime Joachim Dorschel contributes his substantial expertise in the areas of data privacy protection, internet law and compliance.

Our clients include users and manufacturers of IT products as well as IT services providers, ranging from start-up businesses to global enterprises.

In the IT sector the technology develops at a much faster pace than the law. Hence IT law always addresses new technical matters on which traditional law has not yet yielded unequivocal answers. We have substantial experience in dealing with these uncertainties. The best means of reducing risks is a clear-cut contractual structure.

In close cooperation with our partners, we answer specific questions at the interface of areas of law, e.g. the attribution of rights to software produced within an employment relationship, the protection of employee data and questions concerning the law on the temporary provision of workers to other companies.

Our work in the area of IT law is based on extensive expertise that is also contained in numerous publications, speeches and lectures.

Drafting Contracts

  • Hardware and software agreements, service agreements and contracts for the provision of services
  • Terms and conditions of use and service in the area of cloud computing (SaaS, IaaS, PaaS)
  • Sale, rental, leasing, maintenance, service
  • Open source software

Guidance for Complex IT Projects

  • Legal project controlling
  • Assistance in project crisis situations

Data Privacy Protection

  • Data protection compliance
  • Agreements on data privacy protection

Internet Law

  • Analysis and drafting of terms and conditions of use and contractual terms
  • Structuring and analysis of websites

Litigation

  • Representation in court proceedings
  • Arbitration proceedings

Licences

Licences are the basis of the economical use of IP values. Their individual, product-related formulation is of great importance to the economic success of companies, in particular the software sector.

We use our experience in all areas of software usage, traditional desktop applications and with cloud architectures for the formulation of your “tailor-made” licence models and licensing terms. We support software companies, which rely on services of third parties (for example hosting), in both national and international context, to minimise warranty risks and to close gaps in liability.

IT Services

Individual IT services and cloud solutions represent the future of IT. One of our core competencies is the advice in the area of IT services. With our range of advisory services, we cover all aspects – from hosting up to the terms of usage of an application – at the highest professional level. Our comprehensive competence and experience with the drafting of IT contracts completes our expertise in IT law.

We support you, when it comes to meeting the requirements of the IT market, today and in the future – for example with the development and implementation of new software services.

IT Projects

The planning and organisation of IT projects should be assisted in a legally competent way, mainly because of its specific liability risks.

We support you in IT projects. We formulate project contracts. We conduct negotiations and assist you whenever a project gets into difficulties – either on behalf of the client or on behalf of the software vendor.

IT Compliance

Nowadays, the legally reliable structuring of IT systems is important to companies of all sizes. In particular, requirements relating to labour and IT law have to be taken into account in an appropriate way.

We develop and formulate pragmatic guidelines, which meet the requirements of your company – for example in relation to the IT use at the workplace (“bring your own device”), mobile workplaces, (home offices, etc.) or employee data protection. In addition, we certainly take care of the reasonable implementation within the company together with you.

Data Protection

Customer data, data of contractual partners, employee data, company-internal data …

Data security and data collection and data used in accordance with the law, have become “critical” for companies. For this reason, data protection and data security increasingly come into focus in times of cloud computing, big data and order data processing.

We provide advice for you on all issues of data protection law. We analyse the situation of data security and privacy within your company. For instance, we assist you in creating data protection concepts, data security concepts, communication guidelines, advise you on contractual issues in the field of data protection law and – if necessary – take over the communication with supervisory data protection authorities.

Compliance

The compliance with legal requirements and internal guidelines is a major challenge to companies. For this reason and within the framework of legal possibilities, internal guidelines should be adjusted individually to the reality of each company.

We assist you in all areas to establish internal guidelines. We support you with the implementation of compliance guidelines. Moreover, we help you deal with internal guidelines.

Location Karlsruhe

Bahnhofstraße 10 • 76137 Karlsruhe
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Phone: +49 (0)721 50 44 72-0
Fax: +49 (0)721 50 44 72-01

Location Frankfurt

Rennbahnstraße 72-74 • 60528 Frankfurt a.M.
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Phone: +49 (0)69 67 86 510-0
Fax: +49 (0)69 67 86 510-01