IT Law and Media Law

For companies

We advise and represent companies in all areas of IT and media law, both in and out of court.

Services according to legal fields

IT law and media law are areas of law that are not regulated in a separate law, but are part of various areas of law and related case law. In the case of companies, the following areas of law are frequently affected:

AGB Law

The user can supplement the content of the contract by means of general terms and conditions of business and in doing so often uses clauses to his advantage which must be permissible under the law on general terms and conditions of business.

Data protection law

The task of data protection law is to protect personal data. The data protection principles of the GDPR must also be taken into account by companies that process user data.

E-Commerce Law

This area of law in turn consists of various areas of law and primarily includes provisions of telemedia law, distance selling law, the Price Indication Ordinance, the Service Information Obligations Ordinance (DL-InfoV) and the Consumer Dispute Resolution Act (VSBG).

Domain law

Domain law clarifies questions concerning the allocation and rights to domains, which are only allocated once in the network and can therefore be very valuable; there is often a close connection to trademark and name law.

Distance selling law

If contracts are concluded exclusively on the Internet or in other media, provisions of the Distance Selling Act must be taken into account, which are intended to ensure a balance of interests between buyer and seller.

Right of claim

This area of law covers all standards relating to the due date, interest and enforcement of monetary claims – in this context primarily from legal transactions on the Internet and other media.

Private International Law

In situations involving several national legal systems, e.g. cross-border Internet trade, it is important to know which legal system applies. Answers to the questions are provided by all national regulations of the so-called international private law (IPR).

Telemedia law

Telemedia law covers all regulations of so-called telemedia, which also includes the Internet – they are particularly directed at providers of products and services.

Art copyright

When it comes to photos and likenesses, especially of people, the few provisions of the Art Copyright Act contain the guidelines for their permissible use on the Internet and other media.

Copyright

Copyright regulates all rights and the economic use of a created work in connection with the Internet and other media.

Competition law

Competition law is about the permissibility of advertising and marketing and compliance with legal requirements on the Internet and other media – competitors in particular can take action against unfair methods.

Contract law

Regulates the contractual relations of the parties with each other – depending on the contract concluded with reference to the Internet or other media and relevant legal regulations.

Services according to orders

We are frequently commissioned with the following services, although the list is not exhaustive and is merely an excerpt from our catalog of services:

Warning letters due to infringement of rights

You would like to take action against a third party, in particular a competitor, who infringes your rights through the use of photos, texts, trademarks and logos, software, assertions, statements made, advertising e-mails sent or non-compliance with legal requirements, including data protection regulations, and assert injunctive relief and claims for damages with a warning notice. Or you have received a warning notice due to an alleged infringement and would like to have the defense options examined.

Apps, Web Apps, Services

You want to offer apps, web apps or services of all kinds on the web in a legally compliant and privacy-protected manner and provide them with terms of use / terms of service.

Digitization

You want to digitize products or processes in your company and do so in a legally compliant and data protection-compliant manner.

Reviews, posts, search engine hits

You want to have negative reviews of your business deleted from your Google profile, or posts on social media regarding your business, or hits on Google after entering certain search terms.

Domain

You want to identify the owner of a certain domain (in Germany) in order to assert claims for infringement or to contact him for surrender, sale and usage negotiations.

Receivables

You want to collect outstanding debts from your customers and send out payment reminders and, if necessary, apply for dunning and enforcement notices.

Business models

You want to launch new business models, are currently having them implemented by agencies and would like to have the project legally accompanied.

Marketing and advertising

You want to advertise using, for example, emails and newsletters, SEO, AdWords, messaging services or your customers’ brands.

Onlineshop / Webshop

You would like to integrate an online store on your site or use it independently as a further sales channel, for which further regulations apply that you should comply with in order to avoid being warned off. We create or check the revocation policy, product descriptions and product-dependent information obligations, price information, shipping information, order process, contract conclusion as well as general terms and conditions (GTC).

Company website and social media profiles

You would like to have a data protection and legally compliant company website or social media profile on Facebook, Instagram and Co. and create the necessary content and texts or have them checked – this includes a complete imprint or information obligations to be fulfilled, a suitable privacy policy and correct content.

Software

You want to use a certain software for your company or in certain business areas and have legal questions about it.

Contracts

You would like to have contracts and, if necessary, service level agreements designed and reviewed for specific IT services such as software creation, DDoS protection, reseller, Internet system contract.

Prof. Dr. Frank Tapella

Prof. Dr. Frank Tapella>19 Beiträge