Companies are going digital.

Gierschmann Legal is a law firm specializing in data protection law, IT/IP law, media and advertising law.

SERVICES LEGAL

Interdisciplinary approach

Compliance with data protection regulations requires an interdisciplinary approach. Legal solutions only work in coordination with IT and the affected business divisions. Your individual situation and business decisions are key in this regard. We support you by means of our experience in current privacy practices in Germany and Europe.

In exchange with German and European regulatory authorities

Our expertise and close exchange with regulatory authorities enables us to find practical solutions for you that meet market standards. We provide comprehensive advice on developing data protection management systems, and support you in organizing your business processes to comply with data protection regulations. We assist you in handling operational issues around data protection law.

Examples of where we can support are:

  • Compliance structure for implementing accountability according to the EU General Data Protection Regulation (GDPR)
  • Data protection compliance in a group context (principles, guidelines, management systems, intragroup contracts)
  • Safeguarding international data transfers (e.g. binding corporate rules, standard contractual clauses, privacy shield, ad hoc contracts)
  • Handling of employee data – guidelines, collective agreements, consents
  • Handling of customer data (CRM, direct marketing)
  • Data Processor agreements, Joint Controller and Controller to Controller agreements
  • Special statutory data protection regulations, e.g. in the insurance, banking, health, and telecommunication sectors
  • Data Protection Impact Assessments
  • Data Protection by Design and by Default
  • Support in dealing with Personal Data Breaches (including reporting to regulatory authorities)

Today, IT determines the success of your business model

The success of digital business models is largely determined by the IT systems supporting them. The concept of ‘right sizing’ applies equally to contracts as it does to technology. We assist you in drawing up and negotiating contracts as well as in protecting your know-how. We offer advice on the following: For example,

  • Contracts for software development, licensing, customizing, implementation
  • Contract specifications and GTCs
  • IT projects, maintenance contracts, provider contracts
  • Outsourcing, ASP and Cloud services, in particular IaaS, PaaS, SaaS, and Service Level Agreements
  • Copyright law (software, databases), domains, confidentiality agreements
  • E-commerce contracts (distance contracts, GTCs, Cloud, apps)
  • IT-specific criminal law

Our experience in the media sector

The media sector has special requirements, particularly with regard to editorial reporting. It is also clear that many questions that arise in the advertising area overlap with those in other sectors (e.g. in terms of cookies, analytics, tracking, influencer advertising, and direct marketing). Using our experience in the media sector, we provide pragmatic advice in e.g. the following areas:

  • Freedom of speech
  • Personality and moral rights
  • Telemedia and telecoms law, broadcasting law
  • Advertising law, including cookies, profiling, tracking, direct marketing, advertising contracts, and legal protection of advertising campaigns
  • License agreements
  • Breaches of copyright
  • Domains, title rights
  • Protection of minors in the media
  • Liability for content, hyperlinks, streaming, framing, file sharing, screen scraping
  • Gaming

We have over 20 years of experience in these areas of law. We also support internationally active clients in contentious and non-contentious matters. We closely follow new developments in judicial and administrative practices, as well as legislation, for example in the context of our work for industry associations and our publishing activities. We often manage projects across borders. In this regard, we work together with a network of partner law firms in the relevant jurisdictions who are as technologically savvy as we are.

Recommendations

Often recommended for IT law, “extremely well networked, in particular with data protection authorities. Many years’ experience in data protection is worth its weight in gold.”, client “top lawyer”; often recommended for media law, “extremely well networked” JUVE Handbook 2018/2019
Particularly recommended for data protection law Kanzleimonitor (BUJ) 2018/2019
Highlighted as the Best Lawyer for IT law, and media and copyright law Best Lawyers in Germany, Handelsblatt 2018
Recommended for IT law: “very experienced” JUVE Handbook 2017/2018
Leading name in data protection; “highly regarded in matters of data protection”; “a great deal of experience, very well networked, their advice was always extremely detailed”, client JUVE Handbook 2016/2017
Contact person

Sibylle Gierschmann,
Dr. iur. LL.M. (Duke University)