information tech & telecommunications · and associated software developers. fintech in the...

Information Tech & Telecommunications

Rechts- und Steuerberatung | www.luther-lawfirm.com

Information Tech & Telecommunications

The digital revolution is in full swing. We currently find ourselves in a highly competitive market where new business models are constantly emerging and existing processes are being challenged. Everyone involved, from small start-ups and established medium-sized companies to global corporations, is looking for optimal solutions. At the same time, the state and administration face the challenge of keeping up the pace with these sometimes global developments and balancing the interests of companies and individuals.

Blockchain

Blockchain technology makes it possible to digitise assets, allowing them to be directly implemented, securely documented and administrated in a decentralised manner in transactions between the parties involved. Blockchain applications are found above all in the financial industry and capital markets, but increasingly in logistics, where they are used to describe supply chains in a transparent manner. As an initially pure technology concept, a blockchain is not located in a legal vacuum. We have been advising on the specific regulatory and other requirements of blockchain-based business models for several years and

have, for example, successfully advised one of the first companies active in the field of Tokenization-as-a-Service in the required approval procedure.

Artificial Intelligence (AI)

Artificial intelligence is increasingly becoming the decisive success factor for production or work processes. We are familiar with the complex issues associated with using AI technologies, such as machine learning and deep learning, which range from the protection of performance outcomes to data use rights and liability. This enables us to take into

We are very familiar with technology-based business models and can support and advise our clients precisely on the realisation of all projects under IT law. This includes outsourcing projects, from accompanying the tender process to the implementation. Our clients can also benefit from our many years of experience in drafting and negotiating software licensing agreements, ASP, SaaS and other cloud computing agreements as well as EVB-IT based agreements. Our technology-based approach to providing advice is acknowledged by the fact that our team continuously advises companies on topics such as Blockchain, AI, FinTech and others. The telecommunication sector is highly regulated. Our team not only ensures that our clients comply with all the regulatory requirements but that they can also operate as best as possible within the limits defined by these requirements.

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account the opportunities and risks arising from the use of AI across all industries.

PropTech

The PropTech area deals with technology issues related to real estate. From intelligent access and security solutions to digital property management, smart and sustainable buildings and infrastructure solutions, smart home and smart living solutions as well as connected hospitality solutions for enhanced service offerings in the hospitality industry. Together with our experts from other industry groups and fields of law, we can advise our clients at the interface between real estate, IT and data protection law. Our spectrum ranges from the design and construction of real estate, to its leasing and management up to and including the intelligent, sustainable supply of the property and its users.

Cyber Security

The legal requirements in the area of IT security and IT compliance are characterised by a high regulatory density and are constantly growing. The legally compliant handling of the German directive “principles for the proper management and storage of books, records and documents in electronic form, as well as data access” (GoBD), IT security law and the CNI (critical national infrastructure) specifications is a matter of course for us. In particular, we can support our clients when conducting audits and in matters relating to IT security in the employment relationship, e.g. when drafting works agreements and corporate regulations on the use of e-mail and the internet in the working relationship, as well as in cyber security incidents (data leaks etc.).

Digital Health

Manifold legislative activities require continuous readjustment and adaptation in the health sector. Particular emphasis is given to topics such as the digital admission and discharge process in hospitals/medical-care centres, accelerated access to standard care, the use and effects of the digital health card and the design of telemedicine for regions.

Digital Media

As a result of digitalisation, the media, publishers and the marketing industry are increasingly concentrating on new forms of digital distribution such as podcasts, e-books, social media,

voice apps and digital TV. In doing so, the collection of user-related data on consumer behaviour and interests is becoming increasingly more important. We advise the growing digital media industry on all areas, in particular, IT law, data protection law, copyright law, growth financing and the sales and mergers of companies. Our clients include, in particular, online marketing agencies (display marketing, content marketing, social media marketing, influencer marketing, affiliate marketing, e-mail marketing, viral marketing), digital market research agencies, digital media houses (internet, digital TV, podcast operators) and associated software developers.

FinTech

In the area of financial technology (FinTech), we advise companies from the financial sector, technology providers as well as providers of new technology-supported business models on innovative technologies and digitalisation strategies. This includes, inter alia, the structuring of legal relationships for platform transactions or electronic market places, identification services and authentication requirements or payment services. We provide strategic legal input to ensure the necessary compliance in a highly regulated legal environment (German Supervisory Require-ments for IT in Financial Institutions (BaIT)/EBA Guidelines). Our lawyers understand the technological cohesion, for example, when using open APIs and open banking structures and when using mob ile apps and payment systems, including near-field communication standards and can define issues of “data ownership” to serve the respective interests.

Know-how Protection

Business secrets are the crown jewels of every company. New developments often result from already existing, internal company knowledge. Since spring 2019, however, under the German Trade Secrets Protection Act (GeschGehG) legal claims based on the divulging, theft and breaching of secrets can only be asserted if the owner of the trade secret has protected the information with the appropriate non-disclosure measures. In concrete terms, this means that companies must take the appropriate measures to protect their secrets if they want to protect their know-how. The most efficient and cost-effective way to achieve this is to create and implement an individual concept to protect company trade secrets and we can provide you with comprehensive advice in this regard.

Luther Rechtsanwaltsgesellschaft mbH | 3

Smart Factory

We advise industry 4.0 projects from the production industry with regard to the marketing of predictive maintenance services and the intelligent control and networking of processes in the smart factory using 5G mobile radio standards. This enables an optimal design of the supply chain.

Digital Twins

The digital twin is an almost indispensable future technology used to simulate an object or a process in virtual space. As the digital twin is given the same characteristics there as its counterpart in the real world, this raises numerous legal questions. We advise our clients comprehensively in this regard, in particular, on the relevant data protection and copyright issues..

5G and Broadband Expansion

Fast data traffic provides the basis for all technology-based business models in the field of information technology. Both the state and the private sector are investing billions in the expansion of fast data connections, especially in the areas of 5G and broadband. Investments in fast data traffic are a prerequisite for applications in the fields of digital health, smart city, smart factory, autonomous driving, traffic management, etc. The legal framework conditions are also diverse and challenging in infrastructure development (e.g. subsidy law, public procurement law, competition law, municipal law, rights of way, etc.)

Luther has been advising both the public sector and private companies for years in all the relevant areas of law in the infrastructure sector, in particular, on broadband and 5G expansion. In addition, our lawyers also have a wide range of technical know-how which means we can ensure our advice hits the mark and is tailored to the needs of our clients.

Drones

Luther has comprehensive expertise in air traffic law. One of our major areas of focus is providing advice on all issues concerning unmanned aviation, including drones.

The use of drones is subject to numerous regulatory restrictions under the applicable national laws, both for commercial and private purposes. In light of a new European legal framework that will apply from 1 July 2020 onwards, the regulations and procedures for operating drones will become even more complex. We advise both companies and public authorities on issues relating to the use of drones in various fields of application. We provide advice to hospitals, but also to drone manufacturers and start-ups, on their planned use of drones to transport blood samples, tissue samples or medical materials. Furthermore, we also work with logistics companies and advise them with regard to the potential use of transport drones.

Digital Control

Digital companies can offer their products across borders and generate profit without having a traditional permanent establishment in the country concerned. In addition, intangible assets, data and services that are increasingly difficult to quantify are becoming commodities. Therefore, their income is often not recorded under tax law and remains untaxed. National legislators, the EU and, last but not least, the OECD have long since developed various concepts for taxing the digital economy. A major concern is that part of the profit generated by globally active companies should be taxed where the consumers or customers and users live. This has triggered a paradigm shift away from the registered office or the physical permanent establishment of a company towards taxation in the market state. It is no longer only internationally operating commercial giants that are affected, but also increasingly medium-sized companies. This puts the question of the tax framework for digital business models at the centre of all future-oriented commercial companies.


Your Contact

Dr Michael Rath

Lawyer, Partner, Certified Specialist in IT law Certified ISO/IEC 27001 Lead Auditor CologneT +49 221 9937 [email protected]

Dr Michael Rath studied law at the University of Saarbrücken and in Cologne, Germany, working as a research assistant at both universities. While working full time, he completed his doctorate with an emphasis on Internet search engines at the University of Würzburg. He joined Luther’s predecessor firm in 1999 and has remained with the firm since.

Areas of Practice

Dr Michael Rath is a German lawyer, a certified specialist in information technology law and also a Certified ISO/IEC 27001 Lead Auditor. The focus of his advisory services is on IT law, data protection law and the protection of intellectual property. Michael Rath is, inter alia, a member of the German Association of Law and Informatics (DGRI) and an accredited conciliator for IT disputes brought before the DGRI conciliation office. He advises national and international companies on IT law, data protection, e-discovery, the award of IT contracts, IT outsourcing and the implementation of (IT) compliance requirements. He frequently holds seminars on these topics and publishes articles on current IT and data protection law issues. Michael Rath is also the editor and co-author of the book “IT-Compliance: Erfolgreiches Management regulatorischer Anforderungen” (2nd edition 2014), published by Erich Schmidt Verlag. Since 2018, Dr Michael Rath is chairman of the working group EDV und Recht. Dr Rath also advises on the implementation of the EBA Guidelines.


Lawyers and Tax Advisors

420 20Locations Long-Standing Connec-

tions to Commercial Law Firms Worldwide

Offices in International Financial Centres and Investment Locations

About Us

Hits the Mark. Luther.

Luther is one of Germany‘s leading commercial law firms. With approximately 420 lawyers and tax advisors, we can advise you on all aspects of German and international commercial law. We have offices in every economic centre throughout Germany. We also have our own offices in ten locations around the world: in Brussels, London and Luxembourg in Europe, and in Bangkok, Delhi-Gurugram, Jakarta, Kuala Lumpur, Shanghai, Singapore and Yangon in Asia.

Our advice is tailored to our clients‘ corporate goals. We take a creative, dedicated approach to achieving the best possible economic outcome for each of our clients.

The name Luther is synonymous with expertise and commitment. We thrive on managing whatever you ask us to advise on, and pride ourselves on finding the best possible solution for every client. Not too much and not too little – always hits the mark.

We know how crucial it is to use resources efficiently and to plan ahead. We always consider the economic impact of our advice, whether it concerns structuring advice or a legal dispute.

We deal with complex projects every day. Luther‘s experienced and highly specialised advisors have worked together closely for many years. We offer our clients the best possible service. Our fast, efficient communication, round-the-clock availability and flexibility mean we are there when you need us.

Luther has been named “Law Firm of the Year 2019” by the German legal publisher JUVE.


Lawyers and Tax Advisors

420 20Locations Long-Standing Connec-

tions to Commercial Law Firms Worldwide

Offices in International Financial Centres and Investment Locations

About Us

Hits the Mark. Luther.

Luther is one of Germany‘s leading commercial law firms. With approximately 420 lawyers and tax advisors, we can advise you on all aspects of German and international commercial law. We have offices in every economic centre throughout Germany. We also have our own offices in ten locations around the world: in Brussels, London and Luxembourg in Europe, and in Bangkok, Delhi-Gurugram, Jakarta, Kuala Lumpur, Shanghai, Singapore and Yangon in Asia.

Our advice is tailored to our clients‘ corporate goals. We take a creative, dedicated approach to achieving the best possible economic outcome for each of our clients.

The name Luther is synonymous with expertise and commitment. We thrive on managing whatever you ask us to advise on, and pride ourselves on finding the best possible solution for every client. Not too much and not too little – always hits the mark.

We know how crucial it is to use resources efficiently and to plan ahead. We always consider the economic impact of our advice, whether it concerns structuring advice or a legal dispute.

We deal with complex projects every day. Luther‘s experienced and highly specialised advisors have worked together closely for many years. We offer our clients the best possible service. Our fast, efficient communication, round-the-clock availability and flexibility mean we are there when you need us.

Luther has been named “Law Firm of the Year 2019” by the German legal publisher JUVE.

Our Locations

We have a global outlook, with ten international offices in key economic and financial centres in Europe and Asia. We also work closely with leading commercial law firms worldwide. This means we can guarantee our clients a seamless service during de-manding international projects.

In continental Europe, Luther is part of a group of independent law firms, each one a leader in its own country. We regularly work together on international mandates and have done for many years.

Our partner firms are based in Africa, Australia and New Zealand, Europe, Israel, Japan and Korea, the Middle East, Russia and the CIS, South and Central America, the USA and Canada.

Our LocationsBangkok

Berlin

Brussels

Cologne

Delhi-Gurugram

Dusseldorf

Essen

Frankfurt a.M.

Hamburg

Hanover

Jakarta

Kuala Lumpur

Leipzig

London

Luxembourg

Munich

Shanghai

Singapore

Stuttgart

Yangon

Russia & CIS

Australia & New Zealand

Middle East

Africa

Israel

South & Middle America

USA & Canada

Japan & KoreaEurope


Our Industries

Real Estate & Infrastructure

Health Care & Life Science

Energy

Mobility & Logistics

Information Tech & Tele communications

Luther.Energy: Conventional or Renewable Energies: We work efficiently and sustainably.

Luther.lnformation Tech & Telecommunications: We connect today with tomorrow.

Luther.Mobility & Logistics: We understand what moves you and can set you on the right course.

Luther.Health Care & Life Science: With our expertise, we have our finger on the pulse of time.

Luther.Real Estate & Infrastructure: We lay the foundation for you to build on.

Our lawyers and tax advisors focus on ad-vising clients from five industries. Hits the mark.


Our Industries

Real Estate & Infrastructure

Health Care & Life Science

Energy

Mobility & Logistics

Information Tech & Tele communications

Luther.Energy: Conventional or Renewable Energies: We work efficiently and sustainably.

Luther.lnformation Tech & Telecommunications: We connect today with tomorrow.

Luther.Mobility & Logistics: We understand what moves you and can set you on the right course.

Luther.Health Care & Life Science: With our expertise, we have our finger on the pulse of time.

Luther.Real Estate & Infrastructure: We lay the foundation for you to build on.

Our lawyers and tax advisors focus on ad-vising clients from five industries. Hits the mark.

Our Practice Areas

Commercial & Distribution Law, Product Liability/ Product Compliance

Complex DisputesAntitrust Law

Data Protection Law Employment Law

Financial Services IP & Copyright Law

International Trade Law

Notarial Services

Capital Markets & Banking

Corporate/M&A

Environment & Planning Law, Regulatory

Insurance Law

Public Procurement Law

Tax Law

Public Subsidies/ State Aid Law

White-Collar Crime & Tax Offences

Real Estate

Compliance & Internal Investigations

Energy Law

IT Law

Public-Private Partnerships

Special Administrative Law & Constitutional Law

Restructuring & Insolvency


JUVELuther has been named “Law Firm of the Year 2019” by the German legal publisher JUVE. In addition, Luther was nominated in 2019 as “Law Firm of the Year for Mergers & Acquisitions” and as “Law Firm of the Year for Dispute Resolution”. In the previous year, Luther was nominated as “Law Firm of the Year for Employment Law”. Preceding awards were “Law Firm of the Year 2017 for Environment and Planning Law”, “Law Firm of the Year 2015 Distribution/Trade/Logistics”, “Law Firm of the Year 2014” in the areas Energy Industry Law, Regulated Industries and Private Building Law (Germany) as well as in 2011 “Law Firm of the Year for Distribution Systems”. 43 of our lawyers are recommended in the current guide 2019/2020; five of whom have been recognised as “leading advisors”. A total of 26 areas of law were ranked.

Our Awards

The Legal 500“The Legal 500 Deutschland 2020” recommends 68 lawyers from Luther; six of whom are recognised as leading. A total of 26 areas of law were ranked. 52 lawyers were named in Legal 500 in 2019, five of whom with awards.

ChambersLuther was recognised in Chambers in Germany in 2020 in twelve consultancy areas: Commercial Con-tracts (Vol. 2), Corporate/M&A: Mid-Market (Vol. 2), Dispute Resolution (Vol. 5), Employment (Vol. 3), Energy (Vol. 3), Projects: Construction (Vol. 4), Public Law (Vol. 4), Public Law: Planning and Environment (Vol. 3), Public Law: Public Procurement/PPP (Vol. 4), TMT: Information Technology (Vol. 4) as well as in Luxembourg in Corporate/M&A (Vol. 4) and Dispute Resolution (Vol. 3). In addition, 18 partners were ranked by Chambers Europe in 2020, six of whom were also included in the rankings in Chambers Global.

KanzleimonitorWe were ranked first in each country analysis for the Southeast Asian region and as industry experts in the packaging, paper and printing industry. Energy industry law also ranked first in the assessment of compa-nies with a turnover of up to EUR 10 billion. Employment and IT law were ranked third in the overall evalu-ation.

“Best Lawyers 2020” International 26 partners from Luther were among the “Best Lawyers” International in 2020, an award presented by the US publisher “Best Lawyers” in cooperation with the German trade journal Handelsblatt.

WHO’S WHO LEGALTwelve partners from Luther were listed in “WHO’S WHO LEGAL” in 2020, two of whom were awarded as Thought Leaders and one as a Future Leader.

Global Arbitration ReviewIn 2019, Luther was listed for the eighth time in a row in the English legal journal “Global Arbitration Re-view” in the “GAR 100”, a list of worldwide law firms that have been assessed that specialise in arbitration law.

JUVELuther has been named “Law Firm of the Year 2019” by the German legal publisher JUVE. In addition, Luther was nominated in 2019 as “Law Firm of the Year for Mergers & Acquisitions” and as “Law Firm of the Year for Dispute Resolution”. In the previous year, Luther was nominated as “Law Firm of the Year for Employment Law”. Preceding awards were “Law Firm of the Year 2017 for Environment and Planning Law”, “Law Firm of the Year 2015 Distribution/Trade/Logistics”, “Law Firm of the Year 2014” in the areas Energy Industry Law, Regulated Industries and Private Building Law (Germany) as well as in 2011 “Law Firm of the Year for Distribution Systems”. 43 of our lawyers are recommended in the current guide 2019/2020; five of whom have been recognised as “leading advisors”. A total of 26 areas of law were ranked.

The Legal 500“The Legal 500 Deutschland 2020” recommends 68 lawyers from Luther; six of whom are recognised as leading. A total of 26 areas of law were ranked. 52 lawyers were named in Legal 500 in 2019, five of whom with awards.

Chambers

Luther was recognised in Chambers in Germany in 2020 in twelve consultancy areas: Commercial Contracts (Vol. 2), Corporate/M&A: Mid-Market (Vol. 2), Dispute Resolution (Vol. 5), Employment (Vol. 3), Energy (Vol. 3), Projects: Construction (Vol. 4), Public Law (Vol. 4), Public Law: Planning and Environment (Vol. 3), Public Law: Public Procurement/PPP (Vol. 4), TMT: Information Technology (Vol. 4) as well as in Luxembourg in Corporate/M&A (Vol. 4) and Dispute Resolution (Vol. 3). In addition, 18 partners were ranked by Chambers Europe in 2020, six of whom were also included in the rankings in Chambers Global.

Chambers FinTech Guide 2020Luther could confirm the good ranking from the last guide again and is again listed in volume 3 (of 4).

KanzleimonitorWe were ranked first in each country analysis for the Southeast Asian region and as industry experts in the packaging, paper and printing industry. Energy industry law also ranked first in the assessment of compa-nies with a turnover of up to EUR 10 billion. Employment and IT law were ranked third in the overall evalu-ation.

“Best Lawyers 2020” International 26 partners from Luther were among the “Best Lawyers” International in 2020, an award presented by the US publisher “Best Lawyers” in cooperation with the German trade journal Handelsblatt.

WHO’S WHO LEGALTwelve partners from Luther were listed in “WHO’S WHO LEGAL” in 2020, two of whom were awarded as Thought Leaders and one as a Future Leader.

Global Arbitration ReviewIn 2019, Luther was listed for the eighth time in a row in the English legal journal “Global Arbitration Review” in the “GAR 100”, a list of worldwide law firms that have been assessed that specialise in arbitration law.


Bangkok, Berlin, Brussels, Cologne, Delhi-Gurugram, Dusseldorf, Essen, Frankfurt a.M., Hamburg, Hanover, Kuala Lumpur, Jakarta, Leipzig, London, Luxembourg, Munich, Shanghai, Singapore, Stuttgart, Yangon

You can find further information at:www.luther-lawfirm.com www.luther-services.com

Legal and Tax Advice | www.luther-lawfirm.com

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