"We look for a personal working relationship and closeness to our clients. We are convinced that the best solutions can only be achieved by working together."
Competences Kanzlei Schiedermair
IT

IT/ Outsourcing

The IT industry today is a mature industry. Its structural mapping is complex, but the industry is still remarkably agile. From the times of the pioneer patents of the semiconductor industry its innovative dynamics have developed moving to computer and software technologies (e.g. laptops, tablets, open source, cloud computing) and to integration products and services (iPod and iPad; IT Outsourcing; Business Process Outsourcing) including telecommunication technologies. On the supply side of the market there are the big universal suppliers, industry specific global and regional undertakings, for instance for laptop computers, the operating software companies and the major application software houses, service companies and niche players of any and all degrees of specialization. On the demand side of the market, a significant distinction can be observed between the interests and legal protection requirements of the commercial customers and the non-commercial end-users. The government constitutes its own buyer’s market, especially in the field of defence procurement and special contracting practices. Innovations concerning business practices like the outsourcing of IT organizations result in new profiles of service deliveries and customer expectations, risk allocations and contracting methodologies between suppliers and customers. Understanding all those circumstances in depth is indispensable for the delivery of sound legal advice.

Our service offerings include:

IT

  • Research and development agreements for hardware and software products
  • Purchase, sale, maintenance, leasing and other agreements as well as general terms and conditions of contract for products and services of the IT industry
  • Assessing the qualification of an intellectual work for special protection as intangible property and obtaining such protection, and/or securing protection as trade secret and confidential know-how
  • Open Source, Cloud Computing and other new developments of the IT industry
  •  IT licensing and other commercialization
  • Public procurement and IT (BVB, EVB-IT; general and specific government terms and conditions)
  • Data security and data protection
  • Export and import licensing and control of IT products and services (of potentially „dual use“ applicability) of military significance
  • Legal project management und project controlling of complex long term contracts

Outsourcing

  • Advising the supply and the demand side parties
  • Pre-contractual consulting concerning the legal, technical and commercial assessment and optimization of a transaction plan, where the optimum is understood as a long term, equitable relationship between the parties
  • Contractual organization of the individual components and phases of an outsourcing relationship, specifically
    • Divestment of an organizational department or a subsidiary to the outsourcing service provider, such divestment showing all essential characteristics of the sale of a business
    • Transfer of undertaking, including its assets and employees in accordance with the pertinent EU rules for the protection of employees, in Germany sec.613a of the German Civil Code (BGB)
    • Contractual stipulations concerning the quantity and quality of the services to be rendered, their measurements and controls, and sanctions associated with poor or non-performance
    • Rules as to technology refreshment
    • Rules for contractual modifications addressing significant changes of the outsourcing customer’s undertaking (e.g. as a result of economic and business dynamics; strategy changes; etc.)
    • Rules on contract management and customer’s – frequently significant - contributory services
    • Contract termination and transition provisions dealing with the transfer of the service organization either to the customer or to an alternative service provider
    • Early warning and conflict resolution provisions

Dr. Hartwig Graf von Westerholt

Dr. Jörg Buschbaum, LL.M.

Stephanie G. Hartung, LL.M.

Dr. Katrin Stadler