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2 years ago

IT, Outsourcing & Data Privacy

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NOERR_IT, OUTSOURCING & DATA PRIVACY / YOUR CHALLENGES 4

IT, OUTSOURCING & DATA PRIVACY_NOERR Information technology systems are becoming an integral part of almost all new products entering the market and are affecting more and more different aspects of their users’ lives. This is driven by advances in miniaturisation, the steady fall in the price of hardware components and the rapid progress made in the development of the necessary software. The production, marketing and use of these products frequently give rise to IT- and data privacy-related legal questions. At the same time, substantial increases in data capacity and the practically unlimited scalability of new IT systems mean that it is possible to implement business models that were previously unheard of, for instance in the e-commerce sector or in data evaluation and marketing. This is reinforcing the trend towards centralisation within company groups or outsourcing of IT services relevant for businesses that has already existed for many years. Likewise, increasing digitalisation is presenting a challenge to legislators. They are required to keep track of rapid technological developments by maintaining a continuous exchange between legal practitioners, politicians and academics. The amount of data produced is growing exponentially. Data is on the way to becoming the new commodity in industry and commerce. Where digitalisation is concerned, the secret of success is to mobilise innovation and know-how when using the new market. Commercial digitalisation is unregulated in many areas. The challenge faced by companies is to check that current employment contracts, confidentiality rules and protection of know-how are effective. In the field of IT law, the focus is mainly on aspects such as data protection, IT security and IT infrastructure/cloud. Apart from this, digitalisation creates new requirements on the contents of contracts, for example in relation to the ownership of data generated in the “smart factory”. While companies’ business models and activities are often designed with cross-border activities in mind, the legal conditions under which they operate are generally dictated by national rules and regulations in the jurisdictions concerned. As a result, companies are faced with significant compliance requirements. 5

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Public M&A Report H1/2018
Legal issues of digitalisation in Europe
Studie: M&A Treiber für die digitale Transformation