German internet law

Information technologies and the Internet have enormous potential for administrations, businesses and industries, as well as for consumers; in order to do so, however, it is fundamental that internet regulations are respected. At the same time, the new technical possibilities also lead to related dangers. In Internet Law, problems can start with simple mistakes, like the assumption of a private business, which is actually a commercial business.

General internet law and online law

The number of companies present on the Internet is still growing. Through this medium, consumers and business partners can be reached faster and more quickly. The economic sphere of influence of a company also expands when it decides to use the internet for advertising and distribution. In the case of an online presentation, however, the provider has to inform his customers comprehensively: in accordance with the current legislation, the entrepreneur is obliged by law to publish an extensive Imprint and several provisions.

German media law

Those are not special regulations (as the Telemedia Act –TMG), but practical applicable internet laws. Also those who want to advertise on the Internet must pay attention to specific legal requirements, some of which derive from some online peculiarities. Thanks to the internet platform, sellers and traders can reach all sectors. However, some users and vendors are still reluctant, as they are not sure about their own rights and position in an online business.

Internet contract law

Contracts or agreements concluded on the internet are really common; however, once the agreement is concluded, questions as the followings are almost typical:

  • Which laws are applicable?
  • How is it possible to conclude a contract via internet?
  • Is the presentation of goods on a Homepage already a binding offer?
  • How can general business conditions be effectively incorporated into a contract?

Competition law

In addition, trading online increases the risk of warning: competitors, consumer protection agencies and similar institutions can easily identify typical internet law uncertainties and assert legal violations. However, these typical legal online problems can also be easily avoided. Here are some important facts to take into account if you want to enter  the online trademarks world:

  • Never infringe third parties protective rights (do not copy anything, create everything by yourself, do not accept texts, pictures, logos or other data from third parties without a previous legal examination)
  • Observe all the legal requirements (Imprint)
  • Do not use unauthorized and non-examined Terms and Conditions or Revocation Instructions
  • Control the protection of data, general information requirements, as well as competition law requirements.

“Internet Law”, “Online Law”, “Computer Law” or “IT Law” are not original legal areas and often we refer to them without any actual focus in “Internet Law”. Instead, it is really often to go toward a matter of competition law (for example, the suspension of an Amazon offer), trademark law (e.g. selling of plagiarisms as alleged branded products), purchase right (in case of deficiencies in the delivery of an eBay, Amazon or a general Internet Shop products), penal law (counterfeiting/non-delivery of a purchased product), or right to free speech (eBay, Amazon, Google, general Web-shop feedbacks).

Also the drafting of contracts and the examination of the GTC are by no means regulated by particular laws, but most frequently are connected to civil law.

Facebook law

The legal relationships of Facebook users (as well as in relation to third parties) are constantly changing as a result of new “provisions” (General Terms of Use of Facebook), special agreements, and new opportunities advertised or offered by Facebook, as well as amendments to the jurisprudence and legislation.

This sort of „flood“ of regulations is by no means a matter of data protection law, but presents a particular obstacle to the „usage right“ in legal sense.

It is really easy for an “unaware” user to breach the law, for instance, by infringing the rights of a protected digital data, a picture or a video.

We are familiar with Facebook policies and we know how to avoid a legal infringement, or –if necessary- we know how to react once the breaching has already taken place.

Do not hesitate to contact us for further questions or clarifications.

German IT Law

We are experts in the IT industry at all stages of its value chain. In addition, our lawyer, graduate engineer, Mr. Michael Horak, has been working for more than 25 years in the sector of IT law. Michael Horak, in fact, not only was an excellent law school student, but also studied electrical engineering with focus on information technology / telecommunications. But he is not the only expert in our team: our patent attorney, Mr. Andree Eckhard also comes from the technical field of IT law.

The entire area of Information Technology and Telecommunications, including message processing, software and hardware technologies and networks are at the basis of our law firm: online, offline, whether as ASIC or APP. National or International.

Information Technology, media law, internet law or online law are combined in a variety of legal areas (including domain law, IT-Law, telecommunications law, copyright law, computer law, media law, general civil law etc.). We are familiar with all those matters and topics regarding “the Net”. Our talented attorneys are specialized in German, European and international legal provisions, and are able to represent and assist you in all legal matters in these specific area of law: from the implementation of simple webs, up to complex IP projects and the creation of important contracts in the area of computer law, copyright law, or domain law and so much more, with Horak Attorneys at Law.

In summary, we know exactly the meaning of technical terms and branches of industry. Nonetheless, we are able to prepare complicated technical issues for the other legal bodies in order to assess the actual technical problems and to recognize them directly. We quickly and precisely understand what is important for you and we act accordingly, in order to achieve great results together. Our judicial competence is our strength and we will convince your partners or opponents in judicial or extra-judicial proceedings.

Which service do we offer in our IT-Law Firm in Germany?

The whole regulations regarding information technologies and telecommunications including the processing of messages, software and hardware technology as well as networks, are objects of specialization and interest for our team. This includes in particular:

  • Project and Company Support in all branch-specific legal questions regarding IT/ TC market;
  • Preparation and examination of contracts (in addition to special and general terms and conditions);
  • Licensing (software, hardware, deposit/escrow);
  • Contract enforcement ;
  • Claims defence;
  • Authorization and approval procedures;
  • Copyright and media law;
  • Protection of intellectual property rights and other safeguarding of corporate values.

Within the framework of the aforementioned overview, we cover the following area in the field of IT Law:

Internet/Online Law

  • Liability for online content;
  • Online-specific copyright;
  • Online expression of opinions, protection of personal rights;
  • Provider contracts, provider liability;
  • Warnings and their defence;
  • Creation of terms of use for websites;
  • Liability of Forum and platform operators;
  • File sharing, illegal downloading of music and movies;
  • Liability for hyperlinks, search engines;
  • Data protection, creation of the privacy statement (Datenschutzerklärung);
  • Domain disputes, domain laws;
  • Online Marketing;
  • Legal Support for internet service providers, web designers, media agencies, web shop operators and eBay shops;
  • Youth Protection on the internet;
  • E-Commerce and E-Business;

IT-Contract Law

  • Design and negotiation of IT-Contracts (Software production, outsourcing, adaptation, hardware procurement, support contracts, system contracts, licensing agreements, alternative license models, project contracts, sales contracts, employee and consultant revenues);
  • Transfer of software over the internet;
  • App-related contracts;
  • Privacy contracts,
  • Creation of GTC;
  • Provider contracts (access, hosting, housing, ASP etc.);
  • Software Escrow;
  • Service Level Agreements;
  • Warranty rights (software defects, hardware defects, and system or network errors).

Copyright and Media Law, trademark law, title protection law, competition law

  • Software;
  • Open Source Software;
  • Internet content in Websites, Web shops, eBay Shops;
  • Domains;
  • Files sharing, P2P, Downloads of music and movies;
  • Data Bank;
  • Advertising regulations.

International IT Law

  • International IT Project contract law;
  • International Software Law ;
  • International Copyrights Law;
  • Arbitration proceedings.

IT-Procurement Law

  • IT-Procurement;
  • Examination and creation of tendering documents;
  • Implementation of IT-Procurement Law proceedings for public clients;
  • Representation in IT-Procurement Law proceedings.

Websites’ legal examination:

  • Imprint;
  • Revocation Policy;
  • Data Protection;
  • Youth Protection;
  • Legitimacy of advertising from a competition point of view;
  • Price Quotation.

Media and press law:

  • Telecommunication Law;
  • Radio-/TV-Streaming;
  • Tones, music and image law;
  • Online- and Offline press law.

IT specific penal law:

  • Data protection law;
  • Theft of data;
  • Competition Law.

IT-Law Firm

Horak Attorneys at Law can provide support for the whole IT legal framework. In doing so, we strive for a lasting relationship with you, based entirely on the quality, trust and reliability of our services.

We advise small and medium-sized enterprises, corporations, institutions of the economy and public-law bodies of different sizes as well as individuals. And we offer even more!

Our firm profile is characterized by our lawyers. We are service providers. Professional competence, in-depth and continuous training, experience and specialization are the basis of our law firm.

Early legal advice allows you to legally secure you activities. Make sure to contact an expert.

Our attorneys are practicing the job of their dreams: perfect consultancy and high quality standards are combined with the personal care of our office.

We complement each other and we have one goal: your success.

Do you have plans or ideas and would like to have a reliable partner for its implementation? Please fill our enquiry form, or send us an e-mail describing your situation and your queries. We will contact you as soon as possible. Your attorney will be always there for you, will support you and advise you throughout the whole development of your case.

Representative Authority of our IT-Lawyers

Our lawyers are authorized to represent you before all courts (all administrative courts, land and upper courts, as well as all federal courts with the exception of the BGH in civilian matters). Of course, we also accompany our clients before the European Court of Human Rights, the European Court of First Instance, the European Court of Justice, and many other national and international authorities and arbitrators.