Software and IT Law

The attorneys at Gulde & Partner advise and represent producers, developers and users of software, IT products and content, i.e. software and IT companies as well as producers and operators of IT, content providers and e-commerce.

Software and IT law is first and foremost a matter that requires careful contract drafting. Software is protected by copyright. The use of a product protected by copyright generally requires a right of use, a license or a right of license. The best way to protect the rights of works, software and content is a license contract. As is the case with license contracts, manufacturing, design and developing contracts also contain copyright elements. This applies, in particular, to the development and creation of software, software maintenance, service level agreements (SLA), the further development of software, updates, upgrades, etc.

If several persons or companies are involved in the creation of software and IT products, it is advisable to clarify the rights of use and exploitation by means of a contractual instrument, such as a contract for work or services, a cooperation agreement, a consortium agreement or a contract of association. Due consideration should also be given to copyright clauses in labour law, employment contracts and supplementary agreements. This applies not only to programmers with an employment contract, but also to freelancers working on a contractual basis.

In addition to software and IT technology, protection must also be provided for production and delivery as well for the rights to the content of modern media.

The same applies to the safeguarding of confidential know-how and personal data. Special importance attaches to data privacy on the Internet and in web-based services (data privacy law).

The attorneys at Gulde & Partner advise and represent their clients in the field of cyber law and on legal matters concerning company websites, the drafting of general terms and conditions, disclaimers and provider contracts.

Closely associated with trademark law and labelling law is domain law, i.e. the right to a domain name, an Internet domain (.de domain, .eu domain, generic top-level domain).