IT law, data protection & IP

Consulting focus

• Legal Advice on Cybersecurity and Digital Resilience

  Cyberattacks and IT security incidents can give rise to operational, legal, and reputational risks. At the same time, requirements for IT security and digital resilience are increasing. KPMG Law helps companies align legal requirements with technical and organizational security measures, as well as sector-specific guidelines.

  • Consulting on the Cyber Resilience Act, Cybersecurity Act, DORA, NIS2, and BSIG in their respective applicable contexts.
  • Assistance with initial registrations, communication with government agencies, and reporting security incidents.
  • Legal Classification of Safety Requirements for Products, Systems, and Supply Chains.
  • Gap analyses, compliance roadmaps, and legal implementation support.
  • Establishment and further development of cybersecurity governance and regulatory readiness.
  • Cyberlaw advice for corporate transactions and due diligence reviews.

• Data Economics, Data Governance, and Data Law

  Data is a key value driver for digital business models. Companies must organize data, use it in a legally compliant manner, and establish contractual and organizational frameworks for data exchange and access rights. KPMG Law provides support in establishing data governance structures and in the legal structuring of data-driven business models.

  • Development and implementation of data governance strategies and governance frameworks.
  • Consulting on the Data Act, the Data Governance Act, and other data protection requirements.
  • Gap analyses and legal support for the implementation of new requirements.
  • Drafting and negotiating data-related contracts and data usage agreements.
  • Defining roles, processes, and responsibilities for data use that complies with the law.

• Data Protection and Data Protection Governance

  Digitized business processes, international data flows, and new technologies require a legally compliant yet practical approach to the handling of personal data. KPMG Law provides advice, particularly in the context of the General Data Protection Regulation and the Federal Data Protection Act, and assists in establishing effective data protection structures.

  • Consulting on data protection compliance and data protection governance.
  • Analysis and optimization of data protection management.
  • Training on the handling of personal data.
  • Assessment of specific data protection issues and legal representation.
  • Designing legally compliant processes for international data flows.
  • Drafting of Binding Corporate Rules and advice on employee data protection.
  • Data protection advice for transactions and due diligence reviews.

• Digital Platforms, Services, and Products

  Digital platforms, online services, and digital products are central components of many business models. KPMG Law assists companies in the legally compliant design, implementation, and further development of digital offerings and integrates platform regulatory requirements into product and operational processes.

  • Consulting on the Digital Services Act, the Digital Markets Act, and other platform regulations.
  • Legal support for digital products and services throughout their entire lifecycle.
  • Drafting Contracts for Digital Products and Services.
  • Drafting terms of use and end-user agreements.
  • Consulting on transparency and disclosure requirements for digital services.

• Ensuring Legal Certainty in Digital Sovereignty

  Geopolitical shifts, regulatory requirements, and dependencies on technology providers, cloud infrastructures, and digital supply chains are increasing the importance of digital sovereignty. KPMG Law provides support on contractual, governance, and procurement issues, as well as on the legal assessment of control over data, systems, and digital processes.

  • Advising international companies on national digital sovereignty requirements.
  • Supporting domestic companies in the legal structuring of measures to reduce critical dependencies.
  • Legal support for cloud, procurement, governance, and supply chain structures.

• Intellectual Property and IP Portfolio Management

  Intellectual property can represent a significant intangible asset. A structured IP management approach supports the protection, use, and further development of intellectual property rights in international markets. KPMG Law provides support throughout the entire lifecycle of IP rights.

  • IP Compliance and Risk Assessments.
  • Intellectual property applications, deadline tracking, and fee payments.
  • Strategic IP Portfolio Management.
  • Technology-driven analyses, patent monitoring, and data-driven recommendations for action.
  • Reports via a client dashboard.
  • Representation in and out of court in disputes involving intellectual property and competition law.
  • Intellectual property legal advice for transactions and due diligence reviews.

• IT Legal Advice and IT Contracts

  KPMG Law provides advice on IT contracts, software and cloud solutions, IT outsourcing, platform models, and licensing structures. The goal is to translate technological, economic, and regulatory requirements into practical contract and project structures.

  • Drafting, reviewing, and negotiating software, SaaS, cloud, platform, and IT outsourcing agreements.
  • Consulting on licensing models, open-source software, and software compliance.
  • Legal support for IT procurement, implementation projects, and negotiations with technology providers.
  • Developing a legal framework for digital business models and technology-based services.
  • IT legal advice for transactions and due diligence reviews.

• IT and Digital Transformation Projects

  Complex IT and digital transformation projects require clear legal guidelines from the very beginning. KPMG Law supports projects from the planning and bidding stages through contract drafting and negotiation to implementation. Our advisory services focus in particular on complex IT contracts, software development, cloud and platform solutions, agile project methodologies, and new technologies.

• Legal Advice on Artificial Intelligence

  The use of artificial intelligence raises issues related to regulation, liability, data protection, and copyright. KPMG Law assists companies in the legally compliant development, implementation, and use of AI, integrating regulatory compliance with governance, documentation, and practical implementation.

  • Consulting on the EU AI Act and other relevant requirements.
  • Classification and Legal Assessment of AI Systems.
  • AI Readiness and Gap Analyses.
  • Development and implementation of AI governance and compliance frameworks.
  • Advice on data protection and copyright law in connection with AI.
  • Consulting on transparency, documentation, and risk management requirements.
  • Legal advice on AI matters in connection with transactions and due diligence reviews.