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IT, media and telecommunications

New opportunities through digitization and data-based business models.

Hardly any other industry has a greater influence on technological progress and at the same time benefits as much from the opportunities offered by digitization as the IT, media and telecommunications (TMT) sector. Innovations and technologies from this area are driving digitization, making it tangible and enabling new processes, services and business models. The application and sales opportunities for new products are constantly expanding, but are accompanied by continuously changing legal requirements and new regulatory guidelines.

At KPMG Law, we are familiar with the dynamics of the industry and can help you make the most of the opportunities that present themselves while confidently mastering the legal challenges. We accompany you from the conceptual design of your project to the market launch and beyond, if required. We see ourselves not only as your legal advisors, but also actively support you in project management and see ourselves as bridge builders between the different industries and specialist areas.

Consulting focus

  • Data-as-an-Asset

    Data is considered the “oil of the 21st century”. They have become the basis of many AI systems and thus an economic good in their own right, the legal classification of which is so far only rudimentarily recognizable. However, data trading or data cooperation is already a significant revenue driver in many sectors.

    The use of data by different actors and data sharing require innovative and custom-fit contractual structures that create legal certainty and ensure transparency.

    At KPMG Law, we have been actively involved in the development of data trading from a legal perspective from the very beginning and have correspondingly in-depth expertise. We support you in all cooperations in which data is exchanged or generated and assist you in establishing legally compliant internal structures and processes for data management.

  • Data protection compliance (DSGVO projects)

    Compliance with the often complex and demanding requirements of data protection law is essential for all companies, but especially for all companies in the TMT sector whose business model is based on digital solutions or products.

    At KPMG Law, we provide you with pragmatic and solution-oriented support in all matters of data protection law, for ad hoc inquiries as well as for comprehensive, even international data protection compliance projects. We advise you on how to deal with data subject inquiries, for example on the right to information, data protection breaches and security incidents. Likewise, our consulting spectrum covers all issues of international data transfer, such as Schrems II, Transfer Impact Assessments, BCRs, SCCs, etc., up to cloud and XaaS structures. Our Expert:innen team also has in-depth expertise in the design of privacy-compliant Big Data projects and in the development of digital products and solutions.

  • Digitization projects

    IT, software, outsourcing and other digitization projects, as well as the use of modern services such as software or platform-as-a-service, require contractual foundations that balance the interests of the various players in line with the market and provide the necessary security for a functioning contractual relationship.

    We support you in designing modular contracts, for example for IT purchasing, as well as complex, individually negotiated cloud, XaaS, development, outsourcing or project contracts, whether agile or traditional. Our experts can draw on many years of experience in a wide range of technology areas, such as banking-as-a-service, telematics and telecommunications solutions, Farm 4.0 or AI applications.

  • E-commerce

    Online-based sales models are an immense economic factor in all B2B and B2C sectors. In order to make the most of the economic opportunities and at the same time find legally compliant solutions, it is necessary to continuously adapt the legal set-up.

    We have many years of experience in designing and supporting a wide variety of e-commerce solutions, such as modular subscription solutions, online trading platforms, or contracts and GTCs for novel, online-based business models. Our support is aimed at companies from the e-commerce and digitization sectors as well as start-ups developing new business models and established companies that are still at the beginning of their digital transformation.

  • Artificial intelligence

    Artificial intelligence, in conjunction with the increasingly granular and at the same time increasingly simple collection of data of all kinds, offers completely new opportunities and possibilities for companies. Compliance with legal requirements, some of which are not adapted to current technical systems, represents a major challenge with high risk potential.

    We support you in finding efficient, pragmatic and future-proof solutions that enable you to implement your ideas and goals in AI projects in a legally secure manner. In our team we combine experts who, in addition to legal expertise, also have the necessary technical understanding of such systems and have already developed individual and flexible solutions for our clients in many AI projects.

  • Regulatory

    Companies in the TMT sector are subject to fast and constantly changing regulation in many areas, such as the IT Security Act 2.0 and TTDSG, the Digital Services Act with new obligations for operators of online platforms, or new rules on electronic payment systems. The same applies to the existing regulations themselves: They, too, are subject to constant change and continuous adaptation, such as requirements for international data transfer (Schrems II), restrictions on the use of AI systems, or regulations on connected vehicles or connected cars data.

    At KPMG Law, we have gained in-depth expertise in projects, some of which are shaping the market, and can therefore support you in identifying regulatory risks and developing legally compliant solutions for the future.

  • Transactions

    Data and new technologies are often essential components and value-determining factors in corporate transactions. In order to achieve the strategic goals, the transaction structures must be adapted accordingly, for example in the case of carve-outs, cooperation or joint venture solutions.

    At KPMG Law, we have many years of experience in a wide variety of transactions in which technology and digital aspects have played a central role. We see ourselves not only as your legal advisors in the context of due diligence and transaction agreements, but also provide you with full support in all legal matters before, during and after the transaction.

    Our experts also have in-depth expertise in advising on international cooperations or joint ventures and can use KPMG’s global network at any time to access suitable local resources.

Your contact person

Francois Heynike, LL.M. (Stellenbosch)

Partner
Head of Technology Law

THE SQUAIRE Am Flughafen
60549 Frankfurt am Main

tel: +49-69-951195770
fheynike@kpmg-law.com

© 2024 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

 KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

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