If the person giving third-party notice does not provide information on an upcoming date for proceedings, the information on the status of the dispute under Section 73 of the German Code of Civil Procedure (Zivilprozessordnung – ZPO) is considered incomplete. The third-party notice thereby neither has the effect of suspending the statute of limitations in terms of material law nor that of procedural intervention. This is what Düsseldorf Higher Regional Court decided in its judgment of 16/05/2024 (2 U 75/23), cf. IBRRS 2024, 2416.
Services
Auditing increases the reliability of your company information for all decision-makers – thereby building credibility and trust.
Business consulting that works
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Digital advisory & IT consulting
Mastering digitalisation together
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Operational Advisory
Solidifying and supporting transformation
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Deal Advisory
We’ll advise you on national and international transactions
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Valuation & economic and dispute advisory
We’ll value your business fairly and realistically
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Debt advisory & treasury services
Funding and treasury consulting to the client’s advantage
Regardless of whether you run a business, an institution or represent a family office, top-quality tax advice is more important for success than ever. We offer...
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Tax for businesses
Because your business – national or international – deserves better tax advice.
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Tax for financial institutions
Financial services tax – for banks, asset managers and insurance companies
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Global mobility services
Avoid double taxation – and minimise costs
Legal cover for you and your company
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Employment law
Representation for businesses
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Commercial & distribution
Making purchasing and distribution legally water-tight.
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Financial Services | Legal
Your Growth, Our Commitment.
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Business legal
Doing business successfully by optimally structuring companies
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Real estate law
We cover everything on the real estate sector, the hotel industry, and the law governing construction and architects, condominium ownership, and letting and renting.
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IT, IP and data protection
IT security and digital innovations
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Mergers & acquisitions (M&A)
Your one-stop service provider focusing on M&A transactions
Advice and services for the mid-market in Germany
Sustainable transformation for your business.
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Sustainability strategy
Laying the cornerstone for sustainability.
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Sustainability management
Managing the change to sustainability.
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Legal aspects of sustainability
Legal aspects of sustainability
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Sustainability reporting
Communicating sustainability performance and ensuring compliance.
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Sustainable finance
Integrating sustainability into investment decisions.
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Grant Thornton B2B ESG-Study
Grant Thornton B2B ESG-Study
Rooted locally, connected globally.
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International business
Our country expertise
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Entering the German market
Your reliable partners.
You think in global terms of innovation and flexibility. So do we – and beyond.
Your industry is at the forefront. Together, we’ll forge ahead with new ideas.
Your industry is governed by standards and regulations. We deliver solutions.
Regulatory changes, pressure on cost management, the need to grow, and increased investments in technology and data are dominating the financial services...
Your market is growing. With our efficient strategies, you can grow with it.
Digital transformation is only one of the many challenges your industry is facing. We’ll steer you through them.
Research and development drive your industry forward. Across borders, we’re at your side.
We continue to see the German private equity market on the rise. Private equity investors currently possess substantial capital resources. Here the German...
Demands on the public sector are increasing. Our solutions are sustainable.
Your partner – even in challenging times.
Your industry demands flexibility and speed. Our clear strategy delivers both.
Your branch is defined by dynamic innovation. We’re your partners on an equal footing.
Growth and innovation are the subjects you’re interested in. Reach the goal with our smart solutions.
You’re planning new projects, restructuring and transactions We’re at your side. Personally.
Our specialist IT lawyers and data protection experts stand out with their legal knowledge in the areas of IT, IP and data protection and their profound technical and operational understanding.
With our many years of experience in projects and in-depth knowledge of the various sectors, we’ll give you comprehensive advice on strategies, business model structuring and the legal requirements on plans to digitalise. We serve such sectors as technology, media and telecom, automotive, healthcare, retail and consumer goods, machinery and equipment, transport and logistics, and the public sector. We advise both private businesses and public entities.
Our range of services includes consulting for software companies and IT systems companies and drafting distribution agreements. We provide the legal implementation of projects to create platforms (e.g. car sharing apps, electric car charging station networks, 3D printing online marketplaces, online shops, platforms for public bodies under the German Online Access Act [OZG]) and national and European research digital transformation projects. This includes comprehensive advice on the legal issues of data protection, e.g. on international data transfer, the implementation of group-wide data protection compliance and setting up appropriate data protection governance structures.
We are continuously developing legal solutions for digital innovation and transformation. For example, with regard to artificial intelligence, we advise developers as well as the users of AI on legal and regulatory developments so that AI use is legally compliant.
What characterises our legal expertise is understanding technical innovation, analysing the legal conditions and identifying the innovative potential for your business. We’ll help you exploit your potential to innovate. The technical development of AI harbours a range of legal challenges that we will be glad to overcome with you.
Our services
IT law
- Advisory on and drafting of IT agreements (hardware, software, provider agreements, terms of use, terms and conditions, cloud agreements, service level agreements)
- Consulting on IT projects, IT outsourcing and digitalisation of business processes
- Legal implementation of platforms and apps and legal structure of digital business models
- Advice and structure of as-a-service business models (software, platforms, data and equipment as a service)
- Legal assistance with cloud implementation projects and advice on multi-cloud strategies
- Advice on web shops and online marketplaces (e-commerce)
- Drafting of invitations to tender for IT (IT procurement)
- Representation in IT litigation and for liability (IT compliance)
IP law
- Law relating to copyrights, trademarks and domains
- Licence agreements (software and trademark licences, etc.)
- Protection of industrial property
- Protection of know-how (protection of trade secrets)
- Strategic advice on acquiring and amassing intangible assets and developing them in the context of innovative, data-driven products and services
Data protection law
- Ensuring compliance with data protection requirements in developing and implementing new products (privacy by design)
- Advice on data and digital strategies for:
- Data protection compliant use of AI
- Big data, data analytics, predictive services, data-based business models, data monetisation
- Drafting and review of data protection policies and data processing agreements (data processing, joint controllers, controller-to-controller)
- Consulting on data protection compliance and implementation of data protection governance structures
- Employee data protection
- Medical data protection
- Recording of processing activities
- Rights of data subjects
- Compilation and review of data protection impact assessments
- Advice on international data transfers and performing transfer impact assessments
- Advice on technical and organisational measures (TOMs)
- Retention requirements
- Deletion plans
- Advice and assistance with data breaches and criminal legislation relating to data protection
- Communication with supervisory authorities and defence against measures imposed by supervisory authorities and sanctions (administrative offence proceedings, civil and criminal proceedings)
- Representation in court proceedings with supervisory authorities and data subjects
- Criminal legislation relating to data protection
Cybersecurity
- Prevention – advice on avoiding cyber attacks
- Legal requirements of NIS2, the Cyber Resilience Act, Cybersecurity Act and ENISA certificates (EUCC/EUCS/EU5G) etc.
- Legal cyber health checks (legal requirements profiles, critical infrastructure, industry-specific cyber security regulations)
- IT emergency management (reviews of cyber plans and legal conditions)
- Incident response readiness assessments (insurance cover, liability risks, enforceability and deterrence of claims)
- Legal advice in selecting technology
- Response: Advice in specific cyber attacks from our cyber task force
- Cyber incident response – management or support with communication with authorities, staff and business contacts
- Digital forensic investigations/e-discovery:
- Recording digital evidence and developing recommendations for legal action
- Legal support during forensic examinations
- Crisis communication with criminal prosecution authorities
- Action – Advice after a cyber attack
- Assertion of claims for information and damages, and defence against claims from third parties (litigation, management of mass actions)
- Claims management with insurers (cyber security, D&O insurance, etc.)
- Defence in criminal proceedings
Artificial intelligence (AI)
- Advice on the legal requirements of development (AI by design), procurement, distribution and legal use of AI systems
- Advice on setting up AI governance structures and fulfilment of compliance duties
- Advice on use of AI systems for AI-based business decisions
- Advice and negotiation of agreements with AI providers
- Liability issues relating to development and use of AI systems
- Legal advice on data protection relating to the development and use of AI systems
- Confidentiality of information and trade secrets when using AI systems
- Advice on intellectual property rights when using AI systems
- Drafting of invitations to tender for the procurement of AI systems
Digital innovations
- In-depth technical understanding and specific knowledge of industrial value chains, the digital transformation in individual industries and innovative technologies (e.g. additive manufacturing, drones)
- Product development compliance relating to the development, implementation and supply of digital processes, products and services, and digital data-based business models
- Advice on EU ‘digital legislation’ (the Digital Markets Act, Digital Services Act, Data Governance Act, Data Act, Cyber Resilience Act, etc.)
- Digital industry, predictive analytics, smart maintenance
M&A/Technology transactions
- Due diligence, particularly in the areas of IT/licences, IP rights, and rights in data and other know-how
- Analysis of rights in data, technology-based assets, software code, data pools
- Analysis of IP rights and licences (e.g. incomplete chains of title)
- Ensuring the migratability of data
- Analysis of IT agreements and agreement strategy (e.g. giving notice on superfluous licences)
- Reorganisation of IT infrastructure
- Post-merger integration (PMI)
- Advice on the target vision after post-merger integration (PMI) (levering potential for synergy in merging IT infrastructure, giving notice on software and hardware licences, etc.)
Get in touch, without any commitment.
Are you looking for comprehensive advice on IT, IP and data protection? Contact Klaus Brisch and his team of experts. They will be glad to help!
Get in touch
Klaus Brisch, LL.M.
Partner
News & Insights
View more
Court judgment on the suspension of limitations
No suspension of the statute of limitations if third-party notice is incomplete
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3 min read
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07 Nov 2024
Greenwashing?
The BGH rules on advertising using terms like “climate-neutral”
The Federal Court of Justice’s decision on ambiguous terms related to the environment (specifically, the case was about using “climate neutral” in relation to confectionery, but it also applies generally to terms like “carbon-neutral”, “greenhouse gas neutral”, “environmentally friendly”, etc.) set strict standards on environmentally related advertising. Companies must already be clear and unambiguous in their advertising when using terms related to the environment, otherwise they can face cease and desist letters from associations or competitors. They can also receive bad publicity for greenwashing.
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3 min read
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05 Nov 2024
Construction law and insolvency
The Federal Court of Justice (BGH) gives precedence to protecting the creditor
If a construction contract is terminated for an important reason under Section 8(2) of the German Construction Contract Procedures (VOB/B), this is valid and permissible for insolvency law. But creating a set-off situation (payment of work against claims for damages) is detrimental to the creditor and can be contested.
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3 min read
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22 Oct 2024
Our awards
We’re proud of the awards we’ve won. And we’re just as happy that our clients give us top ratings! We’re working hard to keep it that way. And that’s a promise!
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