07th May 2024
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....

27th Nov 2023
Outsource to external service providers through IT outsourcing

Outsource to external service providers through IT outsourcing

IT outsourcing is a process, where companies or organizations outsource their IT tasks to external service providers. This can include a variety of IT tasks, such as the development of software, the management of networks, maintaining hardware and supporting end users. There are many reasons, why companies consider IT outsourcing. horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. One of the main reasons is cost savings. By outsourcing IT tasks, companies can reduce the costs of hiring and training IT staff. In addition, they can benefit from economies of scale, that arise through collaboration with an IT service provider. Another advantage of IT outsourcing....

13th Feb 2023
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....

12th Dec 2022
The legal side of IT compliance

The legal side of IT compliance

horak. LAWYERS/ LAWYERS / PATENT ATTORNEYS Just give us a call. We are happy to help. In the area of ​​the IT landscape, legal regulations prevail, internal and contractual regulations. In corporate management, we can use the term IT compliance to describe compliance with regulations. Compliance means only in itself, that the applicable legal rules and recognized social values ​​and norms are always observed in the context of all corporate activities. Already in the light of the existing regulation density for companies and entrepreneurs, cross-border activities, Due to the increasing regulation and in particular the special liability for the management bodies, every company today has to operate a compliance management system. Lawyer Dipl.-Ing. Michael Horak, LL.M. Risky areas of IT compliance In particular, the...

10th Feb 2017
Die Umgehung einer Schutzvorkehrung (WoW) kann wettbewerbswidrig sein

Die Umgehung einer Schutzvorkehrung (WoW) kann wettbewerbswidrig sein

a) Der lauterkeitsrechtliche Schutz eines durch Allgemeine Geschäftsbedingungen ausgestalteten Ge-chäftsmodells vor gezielter Behinderung im Sinne von § 4 No.. 4 UWG durch Missachtung der Geschäfts-bedingungen setzt grundsätzlich voraus, dass die missachteten Geschäftsbedingungen in die Verträge des Verwenders einbezogen werden und der Inhaltskontrolle standhalten. This also applies, wenn der Hersteller, Vertreiber oder Veranstalter eines Spiels in seinen Allgemeinen Geschäftsbedingungen die Spielregeln niedergelegt hat. Er verdient den lauterkeitsrechtlichen Schutz vor einer gezielten Behinderung durch einen Verstoß gegen die Spielregeln nur, wenn diese Spielregeln rechtlich verbindlich sind (Fortfüh-rung von BGH, Judgment of 30. April 2014 – I ZR 224/12, Wheat 2014, 785 Rn. 32 = WRP 2014, 839 – Flugvermittlung im Internet)....

19th Sep 2016
An Internet client can exercise a due to erroneous calculation with a significantly low price excellent contract according to § 242 BGB in any case not invoke the Treaty, if he has the faulty Pricing positively recognized upon conclusion and implementation of the contract is unreasonable for the seller par excellence.

An Internet client can exercise a due to erroneous calculation with a significantly low price excellent contract according to § 242 BGB in any case not invoke the Treaty, if he has the faulty Pricing positively recognized upon conclusion and implementation of the contract is unreasonable for the seller par excellence.

1. Whether an email sent to the customer automatic response in addition to the knowledge of the Declaration § 312i Abs. 1 No.. 3 BGB also includes any operation designed to contract acceptance declaration of intent, is by design to §§ 133, 157 identify BGB. 2. One with "order confirmation" overridden automatic email, a knowledge statement according to § 312i Abs. 1 No.. 3 BGB includes, is regularly interpreted as aimed at the contract acceptance declaration of intent at the same time. 3. The knowledge in a statement according to § 312i Abs. 1 No.. 3 BGB statement set "Thank you for your order. We will process your order immediately. "Leaves in interpreting regularly to the conclusion, dass damit zugleich eine auf...

03rd Nov 2014
Clause in which the Conditions for transfer of a SIM card “Pledge” in the amount of 29,65 € is charged, which is retained, if the customer does not return the card within three weeks following the expiry or termination of customer relationship in perfect condition, is ineffective.

Clause in which the Conditions for transfer of a SIM card “Pledge” in the amount of 29,65 € is charged, which is retained, if the customer does not return the card within three weeks following the expiry or termination of customer relationship in perfect condition, is ineffective.

a) The clause in terms and conditions of a mobile operator, after one for transfer of SIM card “Pledge” in the amount of 29,65 € is charged, as the “Liquidated damages” will be retained, fails to return so-far the customer the card within three weeks following the expiry or termination of customer relationship in perfect condition, is ineffective. b) The clause in terms and conditions of a mobile operator, after for sending an invoice in paper form (in addition to providing an Internet Customer Portal) a separate fee accrues, is in any case ineffective, if the supplier sells the product not only of the Internet. BGH JUDGMENT III ZR 32/14 from 9. October 2014

09th Dec 2013
The IT contract in legal practice

The IT contract in legal practice

IT contracts must be designed subject-specific, to ensure a legally sound imaging of the underlying IT project. Here, the subject matter of the main contract plays a central role; it's about the software, Hardware, Databases, IT Systeme und / oder TK-Systeme, or concrete sub-areas. Individual IT contracts / large projects This begins with individual software or individual projects with the planning- and design phase, in the preparation of specifications and requirement specifications decisive course for avoiding a definitive rift between IT vendors and IT and contracting is to ensure. After creating and decrease the IT project is – provided that the IT project does not fail prematurely – then maintained the software usually and therefore accompanied by a Wartungs-/Service-/Pflegevertrag, an escrow Vetrag on the deposit of source code ...

04th Dec 2013
IT Law Practice: Internet Law, Online Legal, IT Contract Law, Copyright, Media Law, Trademark, Title protection law, Competition Law, International IT Law, IT tendering law, Press Law, IT-specific criminal law

IT Law Practice: Internet Law, Online Legal, IT Contract Law, Copyright, Media Law, Trademark, Title protection law, Competition Law, International IT Law, IT tendering law, Press Law, IT-specific criminal law

Internet Law, Online Legal: Liability for content on the Internet Online Copyright Specific expressions of opinion on the net, Protection of the privacy, Protection of honor provider contracts, Provider liability warnings and their defense preparation of Terms of Use for Websites liability of forums- and platform operators sharing, illegal downloading of music and movies liability for hyperlinks, Search engines Privacy policy, Creation of data protection declarations domain disputes, Recht der Domains Online-Marketing (Advertising- and marketing contracts) Legal support of internet service providers, Web designers, Media agencies, Operators of online shops websites and eBay stores youth protection on the net e-commerce, E-business IT contract law drafting and negotiating IT contracts (Software development , -surrender, -adaptation, Hardware procurement, Support contracts, System contracts, License agreements, alternatives Lizenzmodelle, Project contracts, Distribution agreements, Employee- and Beraterverterträge) Licensing of software over the Internet APP-related treaties Privacy treaties creating Conditions (also EVB-IT) Providerverträge (Access, Hosting, Housing, ASP)...

11th Nov 2013
The supplementary conditions of contract for the procurement of information technology, EVB-IT, delivery system, Creation, Purchase,Services, Transfer, Maintenance & Nursing care

The supplementary conditions of contract for the procurement of information technology, EVB-IT, delivery system, Creation, Purchase,Services, Transfer, Maintenance & Nursing care

The supplementary conditions of contract for the procurement of information technology (EVB-IT) solve the Special Conditions for the purchase of computer equipment and devices (BVB) in part on. Other new conditions will follow. Since 1972 were gradually the seven types of contract “Special conditions of contract for the procurement of IT services (BVB)” introduced as purchasing conditions of the public sector in the procurement of data processing systems and equipment. On behalf of the Cooperation Committee Automated Data Processing for the Federal / Countries / Local area (KoopA-ADV) A working group of the public sector under the auspices of the Federal Ministry of the Interior new, BVB detaching contract types (Additional terms and conditions for the procurement of IT services, EVB-IT) developed. EVB-IT system delivery EVB-IT system creation EVB EVB-IT-IT-IT services purchase EVB EVB-IT ...