In the complex world of software development, from the initial spark to potential divestiture, countless legal challenges lurk that ideally will be addressed proactively. Particularly in the development of proprietary software, the complete securing of all usage and exploitation rights is crucial to protect your valuable digital asset as best as possible. Whether freelancers, employees at various levels, or external software providers are involved – our specialization lies in the precise analysis of all contributors as well as in the targeted planning and safeguarding of your future software applications.
Regardless of whether your software is intended to be used internally or to be distributed as a license, we offer comprehensive advice on your options and potential business models, such as purchase licenses or subscription models. We clearly and unambiguously define what licensees may and may not do to consistently protect your commercial interests and intellectual property.
As a licensee, key questions about your software investments need to be answered: How critical is the software to your business? How can you protect yourself in the event of the licensor's insolvency? Should source code be deposited with an escrow agent? We will also assist you with contractual questions of software implementation and ensure that your support and maintenance contracts precisely match your needs.
Open-Source Software (OSS) offers great opportunities but also poses specific challenges regarding license management and license compliance. We will assist you in exploiting the advantages of OSS while ensuring that your use and distribution of OSS components comply with applicable license terms.
Whether you want to secure, have reviewed, develop/distribute, or acquire software assets, or whether you need legal support with software implementation as well as support and maintenance – we are here to develop tailored solutions with you. Contact us.
The decision to outsource IT processes is often driven by multifaceted motives: It may be the prospect of financial savings or strategic repositioning, especially when IT tasks beyond the core business are placed in the hands of experienced partners.
Be it in the realm of Business Process Outsourcing, Managed Services Outsourcing, Application Outsourcing, or Infrastructure Outsourcing – the common denominator lies in the essential necessity of a solid contractual basis when transferring critical processes to third-party providers. Especially when outsourced services flow into the offering to your customers, trust in the services of the outsourcing provider is of elemental importance. Outsourcing not only ties up resources but also shifts some of the control functions out of your company. Therefore, detailed service descriptions, confidentiality clauses, provisions on liability, data protection, service levels, and contractual penalties, as well as agreements regarding the employed (key) personnel, are indispensable components of a well-thought-out contractual work – to name just a few, but central aspects. Depending on your sector, additional regulatory requirements may become relevant.
Do you need support in drafting an outsourcing contract? Your journey through the complex world of IT outsourcing starts here – speak to us.
In the course of rapid digital change, the European Union is formulating new legal frameworks – from the Data Act, Digital Services Act (DSA), and Digital Markets Act (DMA) to the Cyber Resilience Act (CRA) and Artificial Intelligence Act (AI Act). The EU pursues the vision of a digitized European age, in which large tech corporations as well as small businesses are integrated. Its scope is broad and the looming consequences are significant.
Whether preparatory or in response to already implemented European legal requirements – do you want to navigate your company effectively and securely through the multifaceted landscape of regulatory requirements? Contact us now.