LawyerIT: IT Law

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+demolition hunter
20th Feb 2024
IT Contract Law: A guide to legally secure agreements

IT Contract Law: A guide to legally secure agreements

IT contract law is an important part of the German legal system and regulates the legal framework for contracts in the area of ​​information technology. In an increasingly digitalized world, such contracts are becoming more and more important. In order to make legally secure agreements, it is therefore essential, Understand the basics of IT contract law. This article explains the most important aspects of this area of ​​law under various subheadings. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Contact us for an initial consultation. Conclusion of contract The conclusion of a contract in IT contract law generally follows the same principles as in other areas of law. However, it is important, that all relevant information and agreements are recorded in writing. Particularly in complex IT projects, the contracting parties should provide all details, How...

+demolition hunter
21st Dec 2023
Development, sale, Use and protection of software

Development, sale, Use and protection of software

Software law covers the legal aspects related to development, the sale, the use and protection of software. In today's digital world, software law plays an increasingly important role, because software is used in almost all areas of life. A central aspect of software law is copyright. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. Software is considered intellectual property and is protected by copyright. This means, that the developer has the sole right, to reproduce the software, to spread and change. Any unauthorized use or distribution of software may constitute a copyright infringement and result in legal consequences. About it...

+demolition hunter
23rd Oct 2023
IT law in commercial legal protection

IT law in commercial legal protection

IT law plays an important role in intellectual property protection, as it protects intellectual property and other competitive aspects related to information technology (IT) arranges. It covers various legal areas, that are relevant for companies in the information technology sector. In intellectual property law, IT law particularly relates to the protection of software, Databases, Brands, Copyrights and patents. It regulates the legal framework for acquisition, the use and protection of these intangible assets in connection with IT products and services. Lawyer Dipl.-Ing. Michael Horak, LL.M. IT law also includes regulations on data protection and data security. Businesses need to make sure, that they comply with applicable data protection laws and take appropriate measures, about personal....

+demolition hunter
05th Sep 2023
IT procurement briefly explained

IT procurement briefly explained

The awarding of IT projects is an important process, which is carried out by companies and public institutions, to find the best IT solutions for your needs. The IT procurement includes the tender, Evaluation and selection of IT service providers and products. The awarding of IT projects is an important process, which is carried out by companies and public institutions, to find the best IT solutions for your needs. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. A successful IT procurement requires careful planning and preparation. First, the requirements of the company or public institution must be clearly defined. This includes identifying the required IT solutions, the functionality, the performance and....

+Accountsperrung
30th Jul 2021
Facebook and other social networks are not allowed to simply delete hateful posts or block accounts

Facebook and other social networks are not allowed to simply delete hateful posts or block accounts

Judgments 29. July 2021 – III ZR 179/20 and III ZR 192/20 Der III. Civil Division of the Federal Court held, that the terms and conditions of Facebook dated 19. April 2018 for deleting user contributions and blocking accounts in the event of violations of the communication standards set out in the conditions are ineffective. In any case, this is true, because the defendant provider is not obliged to do so at the same time, to inform the user about the removal of his contribution at least retrospectively and about an intended blocking of his user account in advance, to inform him of the reason for this and to give him the opportunity to respond with a subsequent new decision. If a user's contribution was deleted due to the ineffective terms and conditions and his account was temporarily blocked, Has...

+Elimination claim
23rd Oct 2020
The obligation of the board member of an association to hand over the administration rights to a Facebook page, which the board member has created for him using a private account

The obligation of the board member of an association to hand over the administration rights to a Facebook page, which the board member has created for him using a private account

LG Frankfurt 15. Civil Appeal from the 24.07.2020 to Az 2-15 S 187/19, 32 C 3091/19 (48) The obligation of the board member of an association according to § 27 Abs. 3 S. 1 i.V.m. § 667 BGB includes the administration rights to a Facebook page, which the board member, albeit due to the system, using a private account, on behalf of the association for this. first AG Frankfurt am Main, 18. November 2019, 32 C 3091/19 (48), Judgment …

RSS IP law

  • Intellectual Property: The invisible crown jewels of your company
    When Leon enters his office on this Monday morning, everything seems as usual: Coffee is steaming, the laptop hums, The whiteboard still shows the sketch of the last product idea. But then he reads the email. A competitor has brought a surprisingly similar product onto the market - including the name, Design and almost identical functionality. Leon Puls is in a hurry. "The […]
  • sorts & Plant Variety Protection – Why plants are more than just species
    When we talk about “varieties”., We don't just mean flowers or vegetables from the garden. From a legal perspective, varieties are economic values ​​that require protection, Property rights and economic importance. From seed to harvest, from breeder to dealer: The correct handling of varieties is essential - and regulated by law. What does “variety” mean in law?? […]
  • Ideas are worth gold - if you protect them.
    Why intellectual property (IP) Your most important capital can be - and how the iPblog helps you have an ingenious invention, A unique design or a strong brand concept? Then they already have more than many others - but: Only those who have their intellectual property (IP) protect, evaluated and cleverly administered, also has real economic benefits from it. […]
  • Purpose of IT security
    Purpose of IT security

    The purpose is to protect basic information such as company assets, company know-how, all personal data and sales. Without an appropriate solution for IT security, Does your company have inadequate risk management?. You, the management, are also legally obliged to do so, to take appropriate safety precautions. IT security means the protection of information and, above all, the processing of it. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. Information security should prevent the manipulation of data and systems by unauthorized persons. IT security measures Access controls, Cryptography, rights management, Firewalls, Proxies, virus scanner, Vulnerability management – ​​these are the measures, to ensure IT security. IT security includes all technical and organizational....

  • Scope of an anthology, is the intrinsically creative selection or arrangement of the elements
    Scope of an anthology, is the intrinsically creative selection or arrangement of the elements

    a) In determining the scope of a collecting station is to be noted, that the protection under § 4 Abs. 1 In the Copyright Act is intrinsically creative selection or arrangement of the elements. b) An infringement of copyright in a collective work can therefore only be accepted, if the damaged work contains those structures in terms of selection and arrangement of the substance, which the collective work as a personal intellectual creation within the meaning of § 4 Identify Copyright Act. The part taken over must therefore be largely as an expression of individual choice Conception of the author of the anthology, that he is still under a § 4 Copyright Act is independently protectable part of his anthology (Confirmation of references omitted 172, 268 Rn. 25 f. Poem title list ...

  • Data protection in online trading
    Data protection in online trading

    It's crucial, that users’ personal data is protected, to protect their privacy. Many online retailers therefore rely on encryption technologies and strict security measures, to protect their customers’ data. Still, it's important to note, that absolute security cannot be guaranteed. It is also the responsibility of the users, to protect your data carefully, by using strong passwords and being careful with your personal information. Data protection in online trading is an extremely important issue. Lawyer Dipl.-Ing. Michael Horak, LL.M. Privacy policies should be transparent and provide users with clear information about them, how your data is used. It is also important, that users have control over their....

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