IT, media and telecommunications

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.