LEGAL ASPECTS OF DIGITISATION
Digitisation has rapidly gained momentum - not least during the pandemic. Companies and institutions are shifting external and internal processes to digital systems, digitising documents, relying on new technologies. At the same time, entirely new legal questions arise. However, legislation is developing more slowly than digitisation and sometimes offers inadequate or no answers to these questions.
The professionals at Piltz Legal have been dealing intensively with these issues in the overall environment of data protection and IT law for a long time and can draw on correspondingly in-depth know-how. This enables us to provide valid assessments and comprehensive advice on digitisation law.
Devices are being networked with each other, both in the consumer sector and in industrial manufacturing. In addition, the market for digital goods and products is growing. The EU has recently introduced new regulations for the distribution of digital goods, which companies must observe when selling to consumers. For example, an obligation for updates was created. Piltz Legal helps you with the legal evaluation of your products and services. We also assist you with market launches.
It is clear that digitisation is just as inevitable as meeting the corresponding legal requirements.
Both the "Internet of Things" and the sale of "digital goods" are familiar legal terrain for us and part of our advisory spectrum. We make an assessment of the situation, find resilient, pragmatic solutions to make your digitisation project possible, secure it and prepare you for future legal challenges in the best possible way.
- Examination of existing or planned digital structures for legal conformity
- Drafting of regulations, contracts and legal texts, individually tailored to your situation
- Advice and support for digitisation projects
- Support in the implementation of new requirements for the distribution of digital goods
- Legal evaluation of new products
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News
Territorial scope of NIS-2 – When does the German BSIG apply to managed service providers (MSPs) from third countries?
In a previous article (only available in German), we addressed the question of who qualifies as a managed service provider (MSP) or managed security service provider (MSSP) under the amended German Act on the Federal Office for Information Security and on information security in entities (BSI Act – BSIG) (Note: There is currently no official English translation of the current version of the BSIG. However, there is at least a machine translation by the EU.). If a company within a group of companies is centrally responsible for the operation of the group's IT, it can be classified as an MSP and thus as an important or particularly important entity within the meaning of Sec. 28 para. 1 no. 4 and/or Sec. 28 para. 2 no. 3 BSIG – provided that it falls within the scope of the BSIG.
NIS-2: Obligation to designate a representative for entities in third countries
Within the scope of the NIS-2 Directive (NIS-2-RL), situations may arise in which providers of certain NIS-2-relevant services, such as managed service providers, are based solely in a third country but offer services within the EU. According to Art. 2 (1) NIS-2 Directive, the territorial scope of application applies as soon as a company provides a service or carries out activities in the EU. Art. 26 NIS-2 Directive specifies this scope of application to the effect that, in principle, the Member State in which the entity is located and thus its respective implementing law is applicable. We have already written an article on this subject.
New awards for our partners
We are very pleased that Prof. Dr. Burghard Piltz and Dr. Carlo Piltz have received further awards from the Handelsblatt and have been included in the 16th edition of The Best Lawyers in Germany™.