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How companies master the legal framework of digital transformation

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.

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.

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Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.

Phone

03322 5078053

E‑mail

info@rahaertel.com

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