The fast-moving legal field of IT law and data protection law is also characterized by knowledge of the relevant case law. Especially with regard to the pitfalls that arise from negligent ignorance in this area lead to a high risk for software developers, consumers, startups and founders.

IT law is also characterized by a good knowledge of European case law in this area of law. Numerous proceedings land on the desk of ECJ judges due to a wide variety of harmonization regulations in this area of law.

And last but not least, the introduction of the GDPR by the European legislator showed that there is still a lot of need for clarification in this area of law.

In many relationships between contractor and client, the license conditions of the software manufacturer are too often neglected to be agreed with the customer and also contractually recorded. This results in a legal deficiency. In the worst case, this can lead to a customer being able to assert warranty claims against the manufacturer. This can lead to a license violation, civil law or criminal law consequences.

Therefore, the manufacturer should have all contracts reviewed by a lawyer in advance. Because the legal case will always amount to a multiple of the examination costs of a lawyer in the field of IT law!

Many software manufacturers or software service providers make the mistake of using standardized GTCs that are freely available on the Internet for reasons of time and cost. However, the careless use of these can lead to considerable complications in legal cases, as they are rarely adapted to the legal requirements of system houses and IT companies.

In this case, too, it is highly advisable to have your terms and conditions checked by a lawyer specializing in IT law, online law or data protection law before publishing and using them, and to have them adapted accordingly if necessary!