Data Protextion & IT law
“Digitisation is advancing rapidly in all areas of life. Mobile phones, computers, Internet and e-mail have long been part of everyday life. Voice assistants and artificial intelligence are on the rise. In the course of this development, the importance of IT infrastructure and the related legal areas is increasing.”

Data Protection & IT law

The General Data Protection Regulation, which establishes a new foundation for data protection throughout the EU, will take effect from May 2018. For the first time ever, the new regulation now explicitly regulates current concepts such as “Privacy by Design” or “Privacy by Default” and entails new obligations for data controllers. This results in new obligations for certain companies and institutions, such as the appointment of a data protection officer, the establishment of a register of processing activities or the need to carry out a data protection impact assessment. It is advisable to seek professional legal assistance in these areas at an early stage. At TWP, we have many years of experience in advising on all practically relevant aspects of data protection law and are able to solve data protection problems in a pragmatic and effective manner. In addition, we also advise you in the areas where data protection and labour law overlap. For example, in many cases the processing of personal employee data requires the conclusion of a works agreement with the works council. We will be happy to advise you on all these issues.

Specialist Area

Data Protection & IT law

DATA PROTECTION

Recent technical and legal developments have resulted in an increased interest in data protection. With the entry into force of the new General Data Protection Regulation, data protection law is placed on a completely new legal foundation, both in Austria and in Europe. Our range of services in this context covers the following areas: We draw up lists of existing data processing activities (including the transfer of existing DPR registrations) as well as agreements with commissioned data processors (service provider agreements), we handle the performance of data protection impact assessments, the legal handling of international data transfers or data transmissions, process requests from data subjects (requests for information, requests for deletion, the right to be forgotten), draw up declarations of consent, data protection guidelines (privacy policies) as well as cookie guidelines and take care of employee data protection and the legal aspects of video surveillance. We are also happy to offer training on data protection and provide legal advice as an external data protection officer. If, however, a dispute already emerges which can no longer be settled by consultation alone, we conduct legal proceedings before the data protection authorities where we represent the interests of our clients.

 

ONLINE RETAIL

Another rapidly growing area is online commerce. Successful business activities in this context also require a stable legal foundation. We advise you in connection with the establishment and operation of web shops, as well as in the preparation of general terms and conditions or privacy policies.

LEGAL SECURITY OF THE IT INFRASTRUCTURE

In the past, the maintenance of the IT infrastructure was usually regarded as a technical problem. Today, companies and institutions should absolutely make sure that their IT infrastructure is kept up-to-date, including from a legal perspective. In this area we support you, for example, in concluding and drafting all types of software agreements (purchase of standard or individual software, rental and leasing of software), license agreements, service level agreements or agreements on the use of cloud services (cloud computing, software as a service).

 

PROPERTY RIGHTS ON THE INTERNET

Being safe on the Internet is becoming increasingly important. We are also happy to advise you in relation to domain disputes (e.g. domain grabbing, cyber squatting) or the enforcement of intellectual property rights (copyright, trademark law, patents and designs), particularly when related to the Internet.

 

TECHNOLOGY LAW

We also have extensive experience in all areas of technology law. For example, we can draft non-disclosure agreements (NDAs) to protect your critical information, or more comprehensive research and development agreements to best serve your interests.