What matters in German IT contracts
German courts look at the substance of an IT contract, not its title. If a specific result is owed – such as working custom software – a contract for work (Werkvertrag) with formal acceptance usually applies. Consulting or staff provision is typically a contract for services (Dienstvertrag), and software provided online is mostly treated like a rental. The classification decides warranty, acceptance, payment and termination rights.
Standard business terms are reviewed under sections 305 et seq. of the German Civil Code. Many clauses that are common in international templates – broad liability exclusions, unilateral changes, short limitation periods – may be invalid, even in B2B contracts. A carefully structured liability clause is usually more effective than a blanket exclusion.
How we help
We check your contracts against German law, explain the risks in plain English, propose alternative wording and negotiate with the other side. If a project fails, we secure evidence, assess claims with technical experts and represent you out of court or before German courts.
Case studies: IT Contracts
US software vendor entering the German market
Failed ERP implementation
SLA without consequences
The examples are typical, anonymised and simplified scenarios from our practice. Every case is different – the outcome depends on the individual circumstances.
Our services: IT Contracts
- Review of IT contracts under German law
- Drafting of project and framework agreements
- German-law adaptation of international templates
- SLAs, service credits and escalation
- Agile and fixed-price development contracts
- IT disputes and litigation in Germany
How we work with you
FAQ: IT Contracts
Can we choose English law for a contract with a German customer?
In B2B contracts, the parties can generally choose the applicable law. In practice, German customers often insist on German law, and mandatory German rules may still apply. We advise on both options.
Are limitation of liability clauses valid in Germany?
Individually negotiated caps are largely permissible. In standard terms, liability for intent, gross negligence, personal injury and breach of essential obligations can only be limited to a restricted extent.
How quickly can you review a contract?
A standard review of an IT contract with annexes is usually possible within a few working days; urgent matters faster.
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