Major practice areas

IT law. Telecommunications, data protection

Information technology is changing the world we live in. What only a few years ago was considered a utopian vision of the future is already today’s reality, and the pace of change is nothing short of breathtaking. We drive vehicles that automatically detect the road in front of them; markets and communities are being transformed by IT, ranging from integrated IT solutions in the home, to online working and online medical consultations. There is hardly any area of life or business that is not impacted by the changes wrought by the IT revolution. BMT advises companies, investors, institutions and public-sector clients as they adapt to that revolution.

Information technology (IT), telecommunications and data protection constitute major areas of focus for our legal practice. These practice areas demand not only specialist knowledge of multiple, interrelated areas of the law, they also involve a combination of law and technology, which means that practitioners in the field need to have an enthusiastic approach themselves, with a good sense of the conceptual and practical links between the various disciplines of law and technology.

Equipped with this arsenal of legal and practical skills, our IT competence teams routinely deliver excellence and innovation to the projects on which they advise. Our advice is sought by new start-ups and by globally active corporate groups alike. From product development to outsourcing, from optimising distribution systems to customer management - BMT will help you secure the viability of your particular technological visions.

IT-law

IT-law

The expertise of the lawyers in our IT department is solid – some of them even come from the IT industry itself. Both in terms of technology and in terms of economic and legal approach, we concentrate on what is important to you as an entrepreneur. Our approach envisages comprehensive advice on basic matters of project planning, and includes drafting of the necessary contract documents at the realisation stage. Where a project involves further areas of the law, we will mirror that reality by assembling a project-specific competence team. BMT seamlessly integrates legal considerations from the areas of trademark, competition or anti-trust law into the package of advice provided to clients. And the same goes for compliance and data protection matters.

Mobile, globally linked and dynamic IT systems represent a further major area of focus of our IT practice, which includes preparing cloud and ASP agreements. We handle drafting and elaboration of related service level agreements and we assist clients in preparing and updating software and hardware distribution agreements, software licensing and software generation agreements. Büsing Müffelmann & Theye also has extensive experience with maintenance and support agreements in the IT sector.

The significance of compliance advice in the realm of IT is increasing, particularly in the fields of licensing, IT security or data protection. In these areas of the law, our clients benefit from the fact that, thanks to the many projects they have handled in this area, our lawyers are well-versed in handling either side of the equation, i.e. they are experienced in advising both providers and users. Our practice includes providing licence and support models for software products and distribution strategies for hardware, software and supporting services. We draft and negotiate escrow agreements in the IT area and contract documents dealing with hosting, colocation or SaaS, operating agreements, system development agreements, roll-out agreements, software leasing and hardware leasing agreements, supplemental IT agreements, to name only a few.

IT outsourcing and business process outsourcing

IT outsourcing and business process outsourcing

Particularly in combination with cloud computing concepts, IT outsourcing and IT out-tasking are solid pillars of the IT strategy of most companies nowadays. Where data are held at “unknown” locations, particular importance will, of course, be attached to structuring the business relations between the service provider and the user in a way that will lead to the best business outcome. BMT will support you in your efforts to structure and perform/enforce your contracts and service level agreements (including multinational outsourcing transactions) in a manner that best meets your needs.

Business process outsourcing is a further area in which the law firm has a wealth of experience to draw upon, for example in the interbank sector (securities settlement, portfolio management, etc.) and the HR sector (payroll, recruiting, etc.). We also provide our clients with comprehensive support on benchmarking projects.

E-business, apps, websites, social media

E-business, apps, websites, social media

What are your goals on the Internet? What are the differentiators of your business? What are the risks to which your business is exposed on the Internet of the future (Web 2.0)? The answers to these questions, and more, are the main focus of our strategic advice on Internet applications. In this field, we distinguish between companies for which the Internet is a business model (such as Internet portals or social networks) and companies that use the Internet to develop and support their existing business models.

BMT provides you with comprehensive expertise and years of experience in “Internet, e-business and social networks”. We advise on sustainably structuring business projects and on developing innovative e-business products – and this includes resolving any potential data protection or data security issues which may arise. Drafting of legally solid “terms and conditions” for websites, determining who is responsible for content, hyperlinks and metatags as well as resolving other security aspects in the Internet context constitute classic strands of the advice we provide.

BMT is also known as a “go-to” law firm for app developers. With our extensive expertise in this sector, we are there to help you with all of your questions in the fields of copyright, competition, liability, contracting and marketing; we also advise companies on such things as designing trade marked apps.

Telecommunications

Telecommunications

As regards the liberalisation process the German telecoms market has undergone, BMT has been involved from the very outset. Our firm’s lawyers played a leading role in the creation of the private broadcasting market (radio and television) in Germany. As a consequence, we have a wealth of experience and expertise at the interface of telecommunications law on one hand, and media and Internet law and the law of teleservices on the other.

Building on that expertise, we advise leading German media sector companies as well as domestic and multinational telecommunications providers on a whole host of matters, such as complex regulatory issues. We draft and negotiate cooperation and distribution agreements for network operators (fixed network and backbone) as well as infrastructural usage contracts. Our work is both project-specific and part of long-term engagements. Similarly, we regularly represent wireless, mobile and satellite communication service providers. BMT also advises device manufacturers and public-sector entities..

Data protection

Data protection

In an age in which enormous quantities of data (“big data”) can be processed from almost any location, data protection is of ever greater importance to business and society. Büsing Müffelmann & Theye assists its clients in tailoring contracts to specific projects, such as in connection with outsourcing projects or cloud computing plans. Together with our clients, we investigate both the actual situation and the client’s needs in terms of its legal, organisational and technological requirements, and we use this information to develop bespoke data protection and data security solutions for clients.

BMT provides comprehensive advisory services in the realm of data protection compliance. Our lawyers develop and update internal corporate data protection policies, compliance policies and works agreements on data protection for our clients. A particular area of focus of our data protection practice is on employee data protection. In this area, we support clients (in collaboration with their works councils) in developing seamless data protection plans, which take account of social media usage.

Global businesses and companies operating through international networks benefit from BMT’s many years of experience in dealing with multinational data protection.