• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

How companies master the legal framework of digital transformation

27. January 2023
in Other
Reading Time: 13 mins read
0 0
A A
0
digitization g7ac0607ca 1920
Key Facts
  • The digital transformation presents companies with legal challenges and at the same time creates new opportunities.
  • Companies must adapt to laws and regulations in order to successfully implement their digital strategies.
  • Data protection plays a central role in the development of new products and services.
  • Contract design and liability risks are critical factors in the digital transformation.
  • Companies should regularly attend training courses to keep their legal knowledge up to date.
  • Networking with experts can help to clarify specific legal issues.
  • Digital transformation requires a comprehensive understanding of compliance and risk management.

Digital transformation is one of the most discussed topics of the present day. It presents companies with new challenges and opportunities that must be seized. But how exactly should companies respond to the transformation in order to be successful in the end? In this blog, I would like to take a closer look at the legal framework of digital transformation and discuss with you what this means for companies and what opportunities can arise from it.

Content Hide
1. Introduction: Why companies need to master the legal framework of digital transformation
2. What is a digital transformation?
3. Why are legal frameworks important?
4. Contract design and liability risks
5. How can companies expand their legal knowledge?
6. Conclusion
6.1. Author: Marian Härtel

Introduction: Why companies need to master the legal framework of digital transformation

The legal framework for the digital transformation of companies poses a challenge. Companies must rise to this challenge if they want to be successful. Digital transformation is a perennial topic in business and the media. The impact of the digital transformation on business and society has been discussed for years. But it is only now that the first results of this transformation are becoming visible. In the consumer goods and services sector in particular, many new products and services are already being created that can be used exclusively or predominantly digitally by users.

However, the digital transformation does not only have positive effects. It also presents companies with legal challenges. This is because many of the emerging products and services are subject to data protection and other legal frameworks. However, compliance with these framework conditions is necessary to ensure the success of the digital transformation.

First and foremost is data protection. Many of the emerging products and services are based on the collection of data from their users. In many cases, it is even necessary that the respective app or website automatically makes certain data settings or that certain apps can be installed in order to use the respective product or service. In all these cases, however, the user must also be informed about which data settings have been changed and which apps can be installed in order to use the product or service.

What is a digital transformation?

Digital transformation is a process in which companies change their business models and processes to operate on digital channels. This involves not only the development of new technologies, but also the development of new business models and the introduction of new working methods. Digital transformation presents companies with some legal challenges to ensure that their new business models are compatible with existing laws. When it comes to digital transformation, companies must therefore be particularly careful and think carefully about the measures they take. This is the only way they can avoid legal conflicts with customers or employees.

Why are legal frameworks important?

The digital transformation presents companies with legal challenges that must be taken into account in order to be successful. A number of laws and regulations affect the way companies can implement their digital strategies. This legal framework ensures that companies can act safely and lawfully. These include questions about the extent to which companies’ business models and products are influenced by digitization, what rights exist to digital content, and what legal issues arise in the use of digital content and digitization. Companies’ business models and products are influenced by digitization, as products and services can now be considered “digital”. However, the digital transformation also brings challenges, as the handling of digital content must now also be regulated. The question of digital content rights is therefore of great importance to companies in order to continue to develop their business models and products successfully. Another important topic is liability in connection with the use of digital content and digitization.

The digital transformation of companies brings with it numerous legal challenges. Most companies are not yet prepared for the new challenges. Although most companies are investing in digital transformation, few have implemented comprehensive rights management for digital processes in their organization. One of the biggest legal challenges of digital transformation is security. Most companies need to increase their level of security to meet the new challenges of the digital world. This also includes better communication with customers about data security and data protection. Today more than ever, the future viability of a company is influenced by legislation. Jurisdiction has changed dramatically in recent years, requiring better alignment between rights management and the other functional areas of the business.

The challenges are that most laws and contracts are based on paper and “things” and have not been adapted to the digital world. As a result, companies are often unsure whether certain actions are legal or illegal.

As a result, one of the most common legal challenges in digital business transformation is often identifying the relevant laws and regulations that apply to the new activities and determining the necessary steps to ensure that the activities are legally correct. This is the only way to weigh the advantages and disadvantages of certain business models and strategies from a legal perspective.

Contract design and liability risks

Digitization has paved the way for a number of new and innovative business models. Some companies use these opportunities to offer new services and improve their products. However, in order to master the legal framework of digital transformation, companies must ensure that they comply not only with legal requirements, but also with the contractual provisions of their agreements with customers and other partners. These contractual provisions can cover a variety of topics, including data protection and limitation of liability and warranty. For example, if a company offers a cloud solution, it must ensure that the contractual terms for cloud use are clearly defined. This way, the company can avoid having to take on unexpected costs or liabilities themselves. In addition, companies should also consider all liability risks associated with digital transformation. This includes, in particular, the issue of liability in the event of data theft or the unlawful use of data records by external parties. To prevent such risks, it is advisable to anchor appropriate liability exclusions in the contractual terms and conditions and to have them reviewed regularly. Finally, it should be noted that each business model is subject to different regulatory requirements and may therefore require different contractual restrictions. It is therefore important that companies seek legal advice when drafting contracts and take all legal aspects into account. This is the only way to ensure that entrepreneurs and customers alike are protected from legal risks and that the digital transformation can be implemented successfully.

How can companies expand their legal knowledge?

Digitalization has fundamentally changed the way companies work. In turn, these companies must also keep their legal knowledge up to date in order to master the legal framework of digital transformation. This means that companies must commit to comply with applicable laws and regulations and to process personal data correctly. However, it is not always easy to keep a company’s legal expertise up to date on all relevant rules and regulations. Fortunately, there are several ways companies can improve their legal knowledge: First, companies can regularly attend training programs or seminars to keep their knowledge of legal requirements up to date. These programs offer a fast and efficient way to acquire important knowledge in a short time. Second, it is advisable to network with consultants or attorneys who have experience in implementing legal requirements. These experts help answer specific questions and understand legal issues and their impact on the company. Third, you should exchange ideas with colleagues who are also involved in the implementation of legal requirements. Repeated discussion of issues promotes understanding and creates clarity about the status quo and the company’s plans for the future. Fourth, companies should use technology to keep their legal knowledge up to date. There are many software tools such as compliance management systems or software packages that are specifically designed to keep track of and comply with all legal requirements. Fifth, it is important to conduct regular risk assessments. This assessment can be used to determine whether or not the existing infrastructure meets the legal requirements – if not, measures must be taken to eliminate any risks that may exist. To summarize:

To master the legal framework of digital transformation, companies need to acquire extensive legal knowledge and draw on the latest standards and technologies for compliance review, risk assessment and risk management.

Conclusion

To be prepared for legal challenges in the digital transformation of companies, it is important that companies regularly expand their legal knowledge. Seminars, conferences or trade journals on topics related to contract design and liability risks can help. In addition, online searches for expert opinions or current rulings offer opportunities to find out about current developments. In any case, advice from a lawyer specializing in contract law should be considered. The latter can assist companies in reviewing and drafting contracts and is familiar with the latest developments. He can also provide guidance on where to go for information about liability risks. Conclusion: Companies today face new legal challenges, especially in the digitalized world. In order to be able to master these in a legally professional manner, it is necessary for companies to regularly expand their legal knowledge and, if necessary, to consult a lawyer specializing in contract law. This is the only way to effectively avoid liability risks and ensure optimal contract design.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BeratungBlogCase lawComplianceContract lawDevelopmentdigitalHaftungJudgmentsLawsLegal issuesLegal questionLegal requirementsManagementModelPersonal dataPrivacyRisk ManagementserviceSicherheitSoftwareVerträge

Weitere spannende Blogposts

Cloudflare liable for copyright infringement

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

In a decision from October last year, the Higher Regional Court of Cologne obliged the provider Cloudflare, which many website...

Read moreDetails

“Olympic-quality” clothing not anti-competitive

BGH considers Uber Black to be anti-competitive
7. November 2022

The I. Civil Senate of the Federal Court of Justice, which is responsible among other things for the protection of...

Read moreDetails

Tax law: What’s new in tax law besides home office?

Risk Social Security / Tax audit for streamers, esports enthusiasts, etc.
7. November 2022

Two days after the Bundestag, the Bundesrat also approved numerous new rules in tax law on 18.12.2020. The law can...

Read moreDetails

ECJ rules on the right to be forgotten

Lego brick still protected as a design patent
8. December 2022

Following the Federal Constitutional Court, the ECJ has now also ruled on the right to be forgotten in search engines....

Read moreDetails

Paid number in disclaimer inadmissible

Online shops: Attention to advertising with EIA
28. May 2019

Following the ECJ decision on the use of paid numbers to contact an online retailer (CJEU, judgment of 02.03.2017 –...

Read moreDetails

Injunctive debtor is liable for Google Cache!

Online shops: Attention to advertising with EIA
1. October 2019

Anyone who has read about the blog here in recent months will have noticed that I am now very critical...

Read moreDetails

Obligation to impress: Can i link to an external website?

Social media accounts and imprint
3. December 2019

There is always controversy and uncertainty around the imprint obligation of social media profiles, but also of profiles on Twitch...

Read moreDetails

Regulation of DLT – a brief overview

Regulation of DLT – a brief overview
2. December 2022

Regulation of DLT (distributed ledger technology) is a hot topic in the crypto world. Many executives and decision makers are...

Read moreDetails

Unrecognized liability risks: What GmbH managing directors need to know

Unrecognized liability risks: What GmbH managing directors need to know
10. October 2023

Introduction: In a recent conversation with a client, the topic of liability risks for managing directors of a limited liability...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025

This insightful 20-minute podcast episode by and with me explores the complex topic of copyright in the digital age. The...

Read moreDetails
052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024
247f58c28882e230e982fa3a32d34dea

Digital sovereignty: Europe’s path to a self-determined digital future

8. December 2024
238a909c26a0302cbd4792cbd18e4922

Global challenges for start-ups – A legal guide

10. October 2024
d00527fd01b1f807a4f80c0f202069e7

Legal basics for startup founders – how to start on the safe side!

9. November 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung