When I advised a gaming platform on the international rollout of an innovative monetization model a few years ago, I realized once again that the more disruptive an innovation, the greater the legal challenges – and therefore the greater the financial need for legal protection. Today, after 25 years as an entrepreneur and almost 20 years as a lawyer in the digital sector, I see again and again how crucial sufficient capitalization is for innovative companies.
Last week, a promising SaaS startup sat in my office. Their product: a new type of collaboration platform for creative agencies. Technically well thought out, but the founders had massively underestimated the legal costs. The necessary data protection audits and international compliance requirements alone would have used up all of their seed capital.
Legal complexity increases exponentially with the degree of innovation. While established business models can fall back on proven legal frameworks, innovative companies often have to enter uncharted legal territory. This means expert opinions, compliance audits, international legal advice – and all this before the first euro is earned.
In my consulting practice, I regularly see how underestimated the legal follow-up costs of innovations are. An example from the gaming sector: A studio developed a new multiplayer concept with an innovative monetization model. What they hadn’t taken into account: The costs for expert opinions on youth protection laws, the development of legally compliant general terms and conditions for various markets and the protection of their IP rights. The “war chest” was empty before the game was even launched.
It becomes particularly critical with international expansions. As a lawyer who has supported many scale-ups, I know that every new market means new legal requirements. What is compliant in Germany may be completely different in the USA or Asia. A well thought-out international legal concept from the outset is worth its weight in gold here.
The biggest challenge often lies in protecting against legal risks. A case from my law firm illustrates this: an innovative marketing platform developed a new form of influencer marketing. The regulatory requirements in various countries were so complex that the legal compliance structure alone cost a six-figure sum.
There are also potential legal disputes. Innovative companies in particular are often the target of patent trolls or competitor lawsuits. A sufficient “war chest” is not only sensible here, but essential for survival. From my experience as an entrepreneur, I know that a single legal dispute can quickly cost several hundred thousand euros.
One aspect that is often overlooked is the legal protection of partnerships and collaborations. As someone who has built up several digital companies myself, I can only emphasize this: Innovative business models in particular are often based on strategic partnerships. It takes time and money to structure these properly in legal terms.
An example from my practice: An e-commerce start-up developed an innovative logistics solution in collaboration with several partners. The legal structure of the collaboration – from non-disclosure agreements to development contracts and license models – consumed a considerable part of the initial budget.
The good news is that many costs can be optimized with foresighted planning. As an entrepreneur and lawyer, I recommend a multi-stage approach:
1. early legal due diligence of the business model
2. Establishing scalable compliance structures
3. Strategic protection of intellectual property
4. Development of an international expansion plan
5. Establishing a network of reliable legal advisors in core markets
A well thought-out legal setup right from the start is an investment, but it saves considerable costs in the long term. From my experience as an investor, I know that this preparatory work pays off many times over, especially with innovative business models.
Another important aspect is that professional investors today pay very close attention to the legal protection of their investments. In my practice, I see more and more often that due diligence processes fail due to inadequate legal preparation. A solid legal basis is therefore not only important in operational terms, but also crucial for the ability to obtain financing.
The equation is simple: the more innovative a company is, the greater its financial reserves must be for legal challenges. This may sound daunting at first, but it is an entrepreneurial reality. As a lawyer who has built up companies myself, I can only emphasize this: A solid “war chest” is not a luxury, but existential for the success of innovative business models.
Innovative companies should include a considerable buffer for legal protection in their financial planning. This means not only a budget for the initial legal structure, but also reserves for unexpected legal challenges and international expansion.
Do you need support with the legal planning of your innovative business model? As a lawyer with many years of experience as an entrepreneur, I understand not only the legal requirements, but also the practical and financial challenges of innovative companies. Let’s work together to develop a strategy that enables innovation and provides legal protection at the same time.
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.
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