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Terms and conditions play a pivotal role in shaping numerous contractual relationships in both B2B and B2C contexts. They range from template agreements designed for limited use cases to standardized and versioned contract terms for high-volume transactions. Since T&C law is regulated at the clause-specific level and shaped by highly specialized case law, it is essential to draft T&Cs with precision and to update them regularly.

 The legal framework governing employee inventions is extensively regulated. However, it continues to raise complex questions, particularly in cross-border scenarios or cases where employees work remotely. 

European accessibility regulations, combined with the Barrier-Free Strengthening Act (BFSG), impose significant implementation requirements. The scope includes products such as hardware systems, self-service terminals, consumer devices, and e-book readers, as well as services like e-commerce. To ensure compliance, the implementation must align precisely with the referenced international standards and the recommendations issued by the Federal Accessibility Agency.

The number of compliance-related regulations continues to grow across both European and national levels, affecting many industries. These include directly applicable regulations as well as directives that must be implemented by German legislators. Examples include the Supply Chain Act, product safety standards, internet accessibility requirements, the Electrical and Electronic Equipment Act, energy labeling regulations, packaging rules, and eco-design directives. It is therefore crucial to proactively assess upcoming requirements, identify implementation gaps, and develop pragmatic, functional solutions in a timely manner to ensure full compliance by the relevant deadlines.

Although the General Data Protection Regulation (GDPR) has been in effect since 2018, data protection remains far from routine. Alongside the Federal Data Protection Act (BDSG), the Telecommunications and Telemedia Data Protection Act (TDDG), decisions by national supervisory authorities, including the German Data Protection Conference (DSK), national and European case law, as well as the recommendations and guidelines of the European Data Protection Board (EDPB), the protection of personal data remains a highly dynamic legal field that continuously presents challenges for businesses.

The European Commission’s Digital Decade 2030 initiative aims to place the citizens of the European Union at the center of a secure and sustainable digital transformation. Key principles include choice in the online environment, protection and safety in the digital space, solidarity and inclusion, control over personal data, and sustainability alongside a green transition. These principles drive numerous legislative initiatives, the implementation of which will continue to challenge businesses in the years to come.

The Digital Services Act (DSA) aims to create a safe and accountable online environment for all digital services that offer goods, services, or content to consumers. It specifically addresses interactive online platforms, facilitates the removal of illegal content, and imposes heightened due diligence obligations on large online platforms and search engines.

The Digital Markets Act (DMA) aims to regulate particularly large digital platforms, referred to as “gatekeepers,” that operate core platform services (CPS). These include intermediation services, search engines, and social media platforms. The legislation specifically provides rules to protect user privacy and ensure fair competition in the digital marketplace.

Designs can be protected as either registered or unregistered designs. Previously referred to as “industrial designs,” this form of intellectual property is often a key component of a protection portfolio. It can also serve as a cost-effective alternative to other registered intellectual property rights.

Disputes over domain rights are generally resolved either through court proceedings as trademark or name disputes or through arbitration, particularly under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) of the World Intellectual Property Organization (WIPO). 

Every aspect of e-commerce, from selling products via online shops—with or without customer profiles—to mass-market operations and services like streaming, is subject to numerous regulations, primarily aimed at consumer protection. Meticulous compliance with these rules, which are continually evolving, is essential to avoid cease and desist letters respectively legal disputes with consumer protection organizations or conflicts with competitors. 

Research and development contracts are essential tools for the development and protection of intellectual property. This is equally true for the subsequent stage of technology transfer, where the applicable group exemption regulation must also be taken into account.

Inventions can be protected as utility models. Unlike patents, a utility model is a largely unexamined form of protection. It is granted much more quickly and can therefore be of central importance, particularly when a patent has not yet been granted.

Sweepstakes remain a central tool for customer acquisition and retention. Technological developments allow for increasingly complex structures, especially online and on social media, which must be carefully reflected in the terms and conditions as well as privacy notices. It is also important to distinguish these from online gaming and gambling (e.g., online poker, sports betting), which are subject to strict regulations under the State Treaty on Gambling.

The guidelines on environmental claims and the empowerment of consumers for ecological transformation are a central component of the European Commission’s Digital Decade. Upon their implementation, they will introduce various regulations for the use of environmental claims and sustainability labels. In an era where ecological positioning is becoming increasingly important, companies must implement these requirements with great care.

There is a wide range of contractual arrangements for the procurement and distribution of hardware, storage capacities, as well as for the development, purchase, and distribution of software. Making the right choice and implementing the contract effectively, while considering Open Source (OSS), cloud solutions, Software as a Service (SaaS), and AI-related topics, along with complementary maintenance and support agreements, is highly beneficial to ensure maximum legal certainty and, consequently, a foundation for economic success.

“Machine data” or non-personal data is becoming increasingly valuable through connected devices and machines (including vehicles). The Data Act, effective from autumn 2025, will regulate access to and sharing of these data, as well as the interaction among the various stakeholders. Affected companies should complement these regulations with contractual agreements in order to generate maximum value from these data.

The growing threats to IT security faced by companies are being addressed by the EU through significant legislative projects, such as the Cyber Resilience Act and the NIS2 Directive. The former targets devices that are connected to other devices or networks and can be controlled via an app or application interface, setting specific cybersecurity requirements and information obligations. The latter brings significant changes to the German IT Security Act (BSIG) through its implementation law and introduces expanded risk management measures that many companies must implement.

Know-how protection has gained increasing importance since the implementation of the Trade Secrets Protection Act (GeschgehG). However, many companies still underestimate the requirements that need to be implemented and documented in order to fall under the protection of the law. The relation to the new Data Regulation creates additionalchallenges that companies must address.

Artificial Intelligence is the digital legal topic of our time and is rapidly penetrating all industries. The legal interfaces and implications in relation to software, copyright, personality rights, and data protection are diverse and require constructive and forward-looking solutions, also considering the requirements of the EU AI Act.

Trademarks are one of the key forms of industrial property rights (“IP rights”). Among TEAL’s core services are trademark registrations (“prosecution”) in Germany with the German Patent and Trademark Office (DPMA), at the EU level with the EUIPO, and internationally through the WIPO. Additionally, we coordinate trademark filings in other countries through our network. Alongside traditional types of trademarks such as word marks, word/device marks, and figurative marks, we also have special expertise in unique trademark categories, particularly certification marks. Equally important is our representation in trademark disputes (“litigation”) before all German trademark courts.

Legal advice in the fields of media and entertainment is more closely connected to the digital world than ever before. Whether it’s news platforms, streaming services for movies or music, social media, e-books, podcasts, music libraries, image databases, gaming, e-sports, or ticketing services, all products and services are provided online. These must not only address the interface with data protection but also engage intensively with the topic of artificial intelligence which has a profound impact on existing business models.

Patents protect technical inventions. It is important to assess whether a product might potentially infringe on an existing patent (“Freedom-to-operate”). Additionally, it is crucial to address patent-related matters, such as enforcing one’s own patent or defending against a patent claim, whether in the form of a validity request, a warning letter, or legal proceedings.

In times of social media, bots, fake news and artificial intelligence, it is becoming increasingly difficult to distinguish truth from falsehood and to defend against false or defamatory reporting. This makes it even more important for businesses to position themselves securely in the digital world and have processes in place to respond to such attacks effectively.

Telecommunications law is extensively regulated in the Telecommunications Act (TKG) which contains 79 definitions, the Telecommunications Surveillance Ordinance (TKÜV), and the Telecommunications and Digital Services Data Protection Act (TDDDG). However, this dense regulatory framework does not protect against numerous boundary issues and interface topics with data protection law which need to be precisely addressed.

Copyright remains a cornerstone for industries that create or exploit intellectual property, such as literature, music, videos, and software. Ensuring legal certainty in the creation, modification, use, and monetization of these works is essential, particularly given the disruptive impact of AI.

Title protection is a distinctive intellectual property right unique to Germany. It is crucial for traditional works such as books and films but also extends to special works under title protection law, such as shows, trade fairs, or apps. To secure this protection, title protection notices are recommended, ideally preceded by a thorough title clearance search. The only monograph on title protection, “Der Schutz des Werktitels” (The Protection of Titles), published in its second edition by Wolters Kluwer, was authored by our partner, Dr. Patrick Baronikians.

The fundamental framework for all advertising is set by the Act Against Unfair Competition (UWG), which is supported by numerous specific laws (e.g., PAngV, LFGB, regulations on energy consumption and textile labeling). Additionally, copyright, trademark, design, and data protection laws play a crucial role in ensuring the legal compliance of advertising across all media.