IT-LAW & DATA PROTECTION LAW
Since May 2018 at the latest, the topic of data protection has become a very significant issue in the German economy. With the entry into force of the European Data Protection Regulation, some new principles of data protection law became binding not only throughout Europe, but violations became expensive. Even after very substantial fines have been paid and official decisions issued, this area of law continues to develop and never comes to a standstill. With our colleague Dennis G. Jansen, we are pleased to have an ambitious expert in data protection law in our ranks.
WHAT IS IT LAW AND DATA PROTECTION LAW?
The term information technology law – or IT law – also covers a wide range of legal areas. According to § 14k of the Fachanwaltsordnung (Specialist Lawyers’ Act), the following areas in particular fall into this category:
- Contract law of information technologies, including the drafting of individual contracts and general terms and conditions according to §§ 305 ff. GERMAN
- Law of data protection and security of information technologies including encryptions and signatures as well as their job-specific peculiarities, in particular according to the basic data protection regulation DSGVO or the Federal Data Protection Act (BDSG)
- The law of communication networks and services, in particular the law of telecommunications and its services, according to the Telemedia Act (TMG) or the Telecommunications Act (TKG)
- Public procurement of information technology services (including e-government) with references to European and German antitrust law, in particular according to the Law on the Promotion of Electronic Administration (EGovG)
IN DATA PROTECTION AND IT-LAW
We at JUR | URBAN offer you the following services, among others
- General terms and conditions:
Review and drafting of general terms and conditions; cloud computing, software-as-a-service
- Order data processing:
Preparation and review of agreements
- Data Protection Compliance:
Advice on the development of workflows that comply with data protection regulations; coaching in data protection law
- License agreements:
Review and drafting of license and usage agreements
- Transatlantic data traffic:
Consulting and Compliance
According to § 5 TMG information duties apply to all service providers of telemedia. These also extend to the imprint on websites.
In particular, but not exclusively, the following information must always be easily recognizable, immediately accessible and constantly available:
- the name and address at which they are established, in the case of legal entities additionally the legal form, the authorized representative and, if information is provided on the capital of the company, the nominal or share capital and, if not all contributions to be made in cash have been paid in, the total amount of outstanding contributions,
- Information that will allow rapid electronic contact and immediate communication with them, including the address of the electronic mail,
- if the service is offered or provided within the scope of an activity that requires official approval, details of the competent supervisory authority,
- the commercial register, register of associations, partnership register or register of cooperatives in which they are registered, and the corresponding registration number
The basic data protection regulation stipulates that the data protection declaration must inform about every collection, processing and use of personal data.
This should always be drawn up by an expert in order to avoid possible fines. In addition to lawyers, there are also an increasing number of reliable providers of so-called data protection generators that create data protection declarations. If necessary, these should be checked by a lawyer as a precautionary measure.