Attorney IT Law Munich
Rechtsanwalt Hödl is your reliable partner for IT law in Munich.
Advice on IT law, contract law and data protection law is one of the focal points of Attorney Hödl’s activities. Our clients include small and medium-sized companies, public authorities, start-ups and private individuals. Mr. Hödl has many years of experience in IT law and data protection law and supports companies and employers in complying with legal requirements as well as in drafting and negotiating contracts. In the event of a dispute, we assert your interests out of court or, if necessary, in court.
Services in IT law:
- Drafting of your General Terms and Conditions (AGB), drafting of tailor-made standard contracts for customers and business partners
- Individual drafting of contracts: drafting license agreements, software contracts (Software as a Service – SaaS, Application Service Provider – ASP, Cloud Computing…), service contracts, contracts for programmers, work contracts, purchase contracts, articles of association, non-disclosure agreements (NDA), order data processing agreements (ADV), service level agreements (SLA), etc.
- Competition law: action against anti-competitive behaviour of competitors, in particular unfair or misleading acts, comparative advertising; warnings, enforcement of injunctive relief, injunctions, protection of intellectual property rights
- Copyright law: copyright and license disputes, copyright warnings, use of open source software or GNU GPL licenses
- eCommerce: Design of your legally compliant internet presence, Elimination of the risk of penalties, advice on information obligations (consumer protection, telemarketing law, imprint obligation, right of revocation, trademark law, competition law) Enforcement and defence of claims
- Data protection and data security Advice on the EU General Data Protection Regulation GDPR, compliance, appointment as external data protection officer, designing of data protection declarations, ADVs, intercompany agreements, training of personnel and management.
- Labour law and social security law in IT companies (IT labour law)
- telecommunications law
- internet criminal law: Representation and criminal defence in criminal offences committed on the Internet consultation
Attorney Hödl always represents you competently and reliably in all IT legal matters and offers preventive advice with individual, practical strategies and solutions.
Attorney-at-Law IT-Recht MünchenIT-Recht refers to all legal issues in connection with electronic business transactions (Internet, modern telecommunications) and electronic data processing. IT or information technology law is not a clearly delimitable area of law, but rather a cross-sectional matter that is characterised by numerous laws from various legal areas, such as the German Civil Code (BGB), the German Commercial Code (HGB), the Copyright Act (Urheberrechtsgesetz), the Telecommunications Act (Telekommunikationsgesetz), the Telemedia Act (Telemediengesetz) and others. Due to the worldwide expansion of the Internet and the cross-border business relationships between providers, network operators and end customers, IT law is highly internationalized. IT law is a rapidly developing field of law due to the technical changes in the field of the Internet and new media. As a result, new problem areas and requirements are constantly arising.
IT law in companies
We advise in it-legal matters, support you in drafting contracts and advise on questions of international law. The drafting of contracts of all kinds (software contracts, SaaS, ASP, IaaS, PaaS, provider contracts, general terms and conditions, ADVs, NDAs, programming contracts, etc.) is one of the core competencies of Attorney Hödl due to his legal as well as technical, business and industry-specific knowledge. Through precise contractual agreements and early consultation, lengthy and cost-intensive disputes can be avoided.
In the event of a dispute, we help you to assert your interests in court.
More and more consumers are affected by warnings for copyright infringements. For example, the illegal downloading or uploading of music or video files can lead to costly warnings, cease-and-desist letters subject to criminal penalties and criminal proceedings. The damages claimed for these copyright infringements can quickly amount to several thousand euros. By checking the warning notice, I can help you to avoid interim injunctions and, if necessary, to reduce your claims for damages. More…
internet criminal law
Lawyer Internet Criminal Law Munich
We advise and represent you in the event of suspicion or as a victim of crimes in connection with the Internet, such as fraudulent business practices in or on the Internet. via the Internet (Internet fraud), offences in social networks (Facebook, Twitter, XING, flickr, etc…) such as insult, defamation, slander, threat, stalking, violation of private secrets, spying on data, data modification, etc. If you are accused of a criminal offence, do not hesitate to consult a lawyer. Knowledge of the accused’s rights is of paramount importance as early as the preliminary investigation stage. Seizures, police interrogations, house searches and other measures by the investigating authorities should always be accompanied by a defence lawyer who monitors compliance with the legal requirements. Violations of legal requirements only rarely lead to a ban on the exploitation of evidence. It is therefore imperative not to allow illegal measures to take place in the first place. The right of the defence counsel to inspect the investigation or criminal files is another central instrument of criminal defence. Without knowledge of the concrete accusation against the accused and of the incriminating moments, there are great risks involved in making a statement to the investigating authorities. Once statements have been made, they can hardly or not at all be corrected without losing credibility, even if they were made by mistake, inaccurately or “differently meant” in a certain context.
As victims of criminal offences, we support you both as joint plaintiffs in criminal proceedings and in the enforcement of your civil claims, such as damages, damages for pain and suffering or claims for injunctive relief.
Labour law advice for IT companies
In contrast to traditional branches of industry, the drafting of employment contracts in IT companies requires special attention to the topics of data protection, data security, confidentiality obligations, non-competition clauses, granting of rights in the area of software development, employee inventions, etc. Attorney Hödl is your contact person for all questions regarding employment law in IT companies and will provide you with advice and assistance.
You will also receive competent and reliable legal advice on all social law issues relating to company personnel work.
Attorney Hödl is a certified Data Privacy Risk Manager (FOM) and a member of the Gesellschaft für Datenschutz und Datensicherheit e.V. (Society for Data Protection and Data Security).
IT law or information technology law does not represent a clearly defined, independent field of law. The relevant legal regulations are scattered over numerous laws such as the BGB, HGB, UWG, UrhG and – similar to labour law – are not summarised in a separate code of law.
The IT law has the right of the electronic data processing (EDV) to the contents. Contracts for IT services follow the general rules of the German Civil Code, for example with regard to the effectiveness of general terms and conditions, the conclusion of contracts in electronic business transactions, performance disruptions and the liability of the contracting parties. In addition, the special provisions for the respective contract types, in particular for service, work, purchase or rental contracts, shall apply. In addition to the provisions of the German Civil Code (BGB) and the German Commercial Code (HGB), the provisions of the Unfair Competition Act, the Copyright Act (UWG), the Basic Data Protection Ordinance (DSGVO), the Telecommunications Act (TKG) and numerous special laws must be observed. IT law is also internationalized law due to the generally worldwide accessibility of IT-supported services, so that regulations of international private law as well as international criminal law aspects must be observed.
In IT law, there are a number of new types of contracts that must be assigned to the rules of the German Civil Code (BGB). This difficult classification of contract types such as SaaS contracts, cloud contracts, ASP contracts or outsourcing contracts, which is often controversial in case law and literature, is of decisive importance for the legal position of the contracting parties. The rights arising from a sales contract differ fundamentally from those arising from contracts for work and services, service contracts or rental contracts.
Since the legislator did not have issues relating to IT contracts in mind when drafting the German Civil Code, contractual solutions are needed to deal with the difficulties that arise, such as the definition of service content, material defects, reaction times, acceptance criteria and cooperation obligations.
Data protection law
Compliance with data protection regulations does not only serve to avoid fines. An intelligent data protection management contributes to the optimization of processes and processing procedures and increases effectiveness and operational reliability. Data protection governance thus serves the essential interests of every company.