IT Law in Hannover. Contracts, projects and security.
We draft IT contracts, guide software projects and digital business models, and take you through security incidents and the requirements of NIS2.
Putting software, cloud and integration on a footing
In IT, standard forms fail on the technical depth and on the allocation of risk. We assign the obligations and the liability expressly, so that a dispute does not turn on interpretation.
- SaaS, cloud and IaaS agreements with service level agreements that hold
- IT procurement, systems house agreements and hardware maintenance
- Grant of rights of use, access to the source code and deposit under an escrow
- Licence audits and the use of open source software, including copyleft obligations
- Copyright in the code and in the database is handled by our practice area Intellectual Property
Guiding live projects, unpicking failed ones
A software project rarely fails on the technology alone. It fails because nobody recorded what was to be delivered. Documenting the project as it runs leaves a basis to work from later, on whichever side you sit.
- Agile and traditional development contracts, including Scrum, and how requirements are fixed during the project
- Acceptance, remedies for defects and the handling of partial acceptance
- Support through live projects, escalation and the change procedure
- Acting on failed projects, including termination, unwinding and damages
- Where the supplier becomes insolvent we secure the code and the licences with our practice area Insolvency Law
Putting shops and business marketplaces on a footing
Digital interfaces are densely regulated, from the duties of information through distance selling to accessibility. An error in the checkout is not a detail, it is a warning letter.
- Terms for business and consumer sales, the imprint and the mandatory information for platform models
- Design of the checkout, payment methods and the duties arising from distance selling
- Reviewing digital offerings against the German accessibility legislation
- Platform models with several participants, including the distribution structures under commercial law
- The privacy notice, consent and the cookie banner are handled by our practice area Data Protection
Handling incidents and meeting the obligations
In an attack the first hours decide the extent of the damage. Reporting deadlines run at the same time, and missing one turns a technical incident into a legal one. We work inside the crisis team.
- Building response plans that build in the reporting deadlines from the start
- Support through the incident itself, from assessment to communication
- Reviewing the organisation against NIS2 and the national rules on IT security
- Defending claims for damages from affected customers and suppliers
- Criminal complaints and securing evidence for court are handled by our practice area White-Collar Crime
Valuing digital assets on a company purchase
In many transactions the value lies in licences, source code and databases. An unclear chain of title reduces the price or becomes a liability after completion, and either way it only shows up in the review.
- IT due diligence covering the licence estate, maintenance agreements and dependencies
- Reviewing title to source code, intellectual property rights and protected databases
- Assessing technical debt and open security questions
- IT-related warranties and clauses in the purchase agreement
- The transaction itself is led by our practice area Corporate Law
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Answers to the most important questions
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What belongs in a software development contract?
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A clear description of the work and of the method, provisions on acceptance and defects, the grant of rights of use including the source code, and liability and remuneration. With agile development it must also say how requirements are set and changed during the project. Unclear provisions on the rights of use are the commonest cause of later disputes.
Who owns the source code after a development project?
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Copyright stays with the development house; only rights of use can be granted. Without an express agreement the customer receives no more than is needed for the purpose the contract envisaged, so often no right to modify and no access to the source code. Both have to be in the contract.
What risks does open source software bring?
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Copyleft above all: some licences require derived software to be passed on under the same licence and with its source code. Anyone who builds such components into their own product may have to disclose it. A licence audit before release shows which components carry which obligations inside the product.
What is a source code escrow and when does it help?
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The deposit of the source code with a neutral party, which releases it if defined events occur, such as the insolvency of the supplier or the end of maintenance. It only helps where the release events are described precisely and the deposited version is kept up to date.
Who falls within NIS2?
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Medium and large undertakings in the sectors covered, as a rule from 50 staff or ten million euros of annual turnover, and certain critical entities regardless of size. Those covered must register, run a risk management process and report incidents. The management is liable for putting this in place.
Who is covered by the German accessibility legislation?
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Since 28 June 2025 online shops and digital services offered to consumers must be accessible, among others. Micro-enterprises with fewer than ten staff and no more than two million euros of annual turnover are exempt as regards services. Purely business-to-business offerings are not covered.
How we work at activelaw
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