Artificial Intelligence & Digitalization (AID)

Artificial intelligence, cyber security and the economic use of data - digitalization offers companies great opportunities and at the same time presents them with challenges.

The increased use of AI systems and the possibilities and complexity of artificial intelligence not only raise fundamental questions regarding the legal framework. Rather, digitalization raises completely new questions about the requirements and limits of the permissible use of "AI" or the interaction of "man & machine".

Advancing digitalization is also increasing the importance of information and IT security. Cyber attacks and similar threat scenarios are omnipresent for the economy and state institutions, making the protection of their own systems extremely important. This is all the more true in the area of critical infrastructures, which are subject to particularly high requirements. In addition, legal regulations increasingly demand the cyber resilience of products and make not only manufacturers but the entire supply chain responsible.

The use of data harbours the potential for companies to develop new business models. For government institutions, there are opportunities to rethink current issues such as mobility, energy and infrastructure. At the same time, regulation of the use and transfer of data is increasing and the world of work is being confronted with ever new problems.

Complex topics require experts. The lawyers in our specialised "Artificial Intelligence & Digitalization" (AID) team have in-depth knowledge and experience of digital business models and are familiar with new technologies and the resulting legal requirements. With our interdisciplinary team, we advise and support our clients on all issues relating to artificial intelligence, in particular on the legally compliant design and implementation of complex national and international digitalization/AI projects, as well as on issues relating to cyber security and the handling of data.

In addition, our IT law team provides comprehensive advice on drafting and negotiating all types of IT contracts. We advise our clients on specific contractual and licence law issues in the context of transactions, IT tenders and projects such as outsourcing or the introduction of new hardware and software. If complications arise during an IT project, we represent them in the assertion of warranty claims and claims for damages or the termination or reversal of termination or cancellation of contractual relationships out of court and in court. In addition, we enforce software rights for our clients in the event of their infringement.

Furthermore, our experienced experts offer comprehensive all-round advice on data protection law, including data protection management. We are familiar with the challenges of customer and employee data protection, the implementation and supervision of internal investigations, data protection in e-commerce, etc., conduct training courses, prepare expert opinions and represent clients in all proceedings before courts and authorities.

The AID team's range of services

Our specialised AID team advises you in the following areas in particular:

 

Artificial Intelligence & New Technology

  • Requirements for the training and use of artificial intelligence, copyright and data protection issues
  • Contractual arrangements for training and the use of artificial intelligence
  • Liability issues surrounding the training and use of artificial intelligence
  • Requirements for the IT resilience of digital/networked products (Internet of Things, networked vehicles, smart meters, etc.)

IT security & cybersecurity

  • IT security of digital/networked products
  • IT security of KRITIS operators (so-called critical infrastructures)
  • Preventive measures for IT and data security
  • Cyber supply chain management
  • Advice in the event of acute cyber attacks and on general measures regarding IT security breaches

Digital business models and online marketing

  • Analysing, designing and adapting business processes and business models
  • Advice on digital products, e.g. in the areas of big data and the Internet of Things
  • Requirements for digital platforms, online shops, brokerage platforms, online advertising measures, etc.
  • Contract law issues relating to the sale of digital/networked products (Internet of Things) and online marketing measures
  • Process and product-specific data protection requirements (reviewing, drafting and adapting data protection contracts, declarations of consent and data subject information, etc.)
  • Antitrust law issues for companies that operate or use digital platforms

Data economy

  • Internal and (external) commercial use of data (e.g. licence agreements, user-generated data)
  • Requirements regarding the obligation to provide public sector data, use of public sector data
  • Utilization of health data
  • Provision of data by mobility companies and use of mobility data by other companies
  • Protection/violation of trade secrets
  • Data protection requirements for employers with regard to employee data

Digital government

  • Digitalization of administration (requirements for the public sector; requirements for cooperation partners under private law)
  • Telematics in the healthcare sector
  • Open data
  • Data-based infrastructure

Further services

  • Data protection & data protection management
  • Software: SaaS contracts, utility software, software development contracts, software leasing/rental and purchase contracts, copyright infringements, software piracy
  • Websites: Domains, copyright and legal notices on websites, web design contracts, web hosting contracts, provider contracts
  • Domain disputes
  • Special contracts: IT project agreements, ASP agreements, escrow agreements, licence agreements, maintenance agreements, hardware maintenance agreements
  • Copyright law
  • Injunctive relief
  • Distance selling law/e-commerce
  • IT arbitration and IT mediation
  • Implementation of software projects under works constitution law