Apps under German law

APPs differ from standard software mainly through the distribution channel. The single APP developer has no immediate way to determine the conditions for the APP distribution itself.

Rather, it is subject to the sales conditions and license terms of the respective distribution platforms for iPhone Apps (iTunes-like by iDPLA, iPhone / iPad Developer Program License Agreement), Android Apps (Google) or Windows Apps. Apart from the US legal agreement, these regulations also provide for the compliance with the App developer; as this latter must ensure that it complies with all legal regulations related to its APP. The sales platform owner can grant numerous rights, partly within the framework of an EULA (End User License Agreement), which the end user must discuss and conclude with the app manufacturer in such a way that the sales platform owner can also assert all rights himself. In detail, the European Legal regulations are very wide, but, as far as can be seen, are not negotiable. We can legally examine and analyze your App and support its development as well as its distribution in the multi-platform environment. Our specialized and experienced team has been following the development of this relative legal framework since 2009; our experience and your ideas will drive us towards great results.

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.