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That depends on the contract. Under German law, the developer is the author; the client receives only the rights granted to it. Without a clear provision, disputes may arise over use, further development and delivery of the source code.

Yes, if a service provider processes personal data on your behalf – for example a hosting provider, a cloud service or a payroll service. The agreement must contain the minimum content required by Art. 28 GDPR.

That depends on whether you hold earlier rights in the name and how the domain is being used. For .de domains, a dispute entry secures the domain while the dispute is ongoing; for many generic top-level domains, a fast arbitration procedure is available.

Above all, a precise description of what is to be delivered, a defined procedure for acceptance and change requests, and clear arrangements on usage rights, source code, maintenance and liability. The more precisely these points are set out, the less often there will be disputes about defects or additional costs later on.

In principle, yes – but rules are needed. Confidential information and personal data should only be entered into tools whose contract terms and data processing have been checked. The EU AI Act also requires staff who work with AI to have sufficient knowledge of it. An internal AI policy provides clarity here.

Under German law, copyright protects only personal intellectual creations by human beings. Anything an AI produces largely on its own is therefore generally not protected. Where a person shapes the result decisively, the position may be different. If you exploit AI content commercially, you should align the provider’s terms of use and your own contracts accordingly.

The supervisory authorities can impose fines; data subjects can demand access to their data and damages. According to the case law of the CJEU and the German Federal Court of Justice (BGH), competitors may also send a formal warning letter (Abmahnung) for certain data protection breaches. In the event of a data breach, a short deadline applies as well: the authority usually has to be notified within 72 hours.

Open source does not mean free of conditions: every licence attaches obligations to its use, such as licence notices or – in the case of so-called copyleft licences like the GPL – disclosure of your own modifications when the software is passed on. If you distribute software or sell a business, you should know which components are in use and under which licences.

The German Accessibility Strengthening Act (Barrierefreiheitsstärkungsgesetz) has applied since 28.06.2025. It covers, among other things, online shops and other digital services aimed at consumers. For services, micro-enterprises with fewer than ten employees and an annual turnover of no more than EUR 2 million are exempt. For everyone else, it is worth checking the website, the ordering process and the information provided at an early stage.

That depends on what was agreed. If the service provider owes a specific result, the rules on acceptance and warranty for contracts for work (Werkvertrag) apply; if it merely provides services on a time-and-materials basis, the position is different. Limitations of liability in standard terms are effective only to a limited extent. In a dispute, what often matters most is how well requirements, changes and defects have been documented.

Slopek Intellectual Property is located at Zippelhaus 6, 20457 Hamburg, near Meßberg underground station. As IT lawyers we advise from Hamburg across Germany; many meetings take place by video or phone, but you are welcome to visit us in person. Your contact is Rechtsanwalt Dr. David Slopek, LL.M., Certified Specialist in Intellectual Property Law (Fachanwalt). Please send contracts and documents to info@slopek.com.

Working with our IT lawyers starts with an initial consultation for EUR 299 plus VAT. For drafting a software or cloud contract, a data protection concept or a review of an AI deployment, we then agree a fixed fee or billing by time spent. In disputes, fees are generally based on the German statutory fee scale (RVG).