Germany: Digital Centre Swabia Interview with SCHMID FRANK lawyers Wolfgang Schmid and Lena Reich

 

NICE TO MEET YOU: SCHMID FRANK Rechtsanwälte - Why IT security law is becoming even more important for start-ups

With the Augsburg-based law firm SCHMID FRANK Rechtsanwälte PartG mbB, you have a partner who provides advice and support on questions of data protection, contract law, information technology law, compliance as well as medical and medical law. In conversation with Stefan Schimpfle from DZ, lawyer Lena Reich and lawyer Wolfgang Schmid report on which topics are currently relevant for start-ups and what makes working with young companies special:

What topics will the founders definitely face this year?

The year 2023 seems to bring even more speed to legal areas, which are also important for young companies. Software only in the cloud in rental models. No one can avoid drafting contracts, especially in the SaaS sector. Typical questions, especially about support and accessibility, need to be clarified. It is interesting to ask whether there is still a need for rights of use rules if no more software is licensed, but only results from the browser-based application are made available. It is now much more important that providers grant themselves the right to participate in aggregated data of the customer, i.e. that valuable information from consumption values or operating data may also be used for their own purposes. This can be the cornerstone of BigData applications. It is clear that only anonymized data that is no longer personal will be used.

Then IT security law comes into focus massively: Everyone who programs for critical infrastructure companies has to upgrade. On the programming side, conceptual measures to ensure "SecuritybyDesign" must be observed.

As early as this year, ChatGPT makes it clear that the regulation of AI will be a big topic for the next few years. Business models that use AI must evaluate a lot of copyright, data protection and security issues at an early stage and adapt their development accordingly. The European AI Regulation already provides a clear framework for action here.

 

Is the topic of whistleblower protection already interesting for founders?

Probably not. The obligation to set up a reporting channel only exists from a number of employees of 50 or more. So for founders in the initial phase, this is not the absolute hot topic. Founders are more likely to position themselves if they develop techniques or ideas for confidential or anonymous reporting portals or other technical reporting channels. IT security protection of confidential communication, encryption of platforms in companies is a central task, both to ward off or invalidate ransomware attacks, as well as to meet the requirements of the Whistleblower Protection Act or the Supply Chain Due Diligence Act. By the way, we have been working here for over 12 years as ombudsmen in whistleblower systems.

 

What impresses you most about founders and startups?

Most of the founders we have met so far are young, coming straight from college or university, so to speak. They have great ideas and a lot of technical understanding in their luggage and bring with them an incredible understanding of compliance. We don't see that as often with older generations. This makes working with the young founders particularly exciting.

In your opinion, what distinguishes the Augsburg economic area for a great start-up culture?

The Augsburg-based founders are very hard-working and, above all, very active in networks. It's always an advantage to know someone who knows someone... who is already further ahead in digital processes. Of course, we also network wherever possible and are always happy when appropriate events are offered on these topics.

 

What has been your best experience/event with the double room so far? 

We are always happy when events take place that not only enable networking, but also concrete and topic-related exchange. At last year's Hackerkiste, we once again got to know a lot of young founders with exciting ideas. In this context, the lecture series are always a great opportunity to enter into direct exchange.

The interview was conducted by Stefan Schimpfle, Managing Director of the Digital Centre Swabia (DZ.S) with lawyer Lena Reich and lawyer Wolfgang Schmid from SCHMID FRANK Rechtsanwälte.

 

For further information, please contact:

Wolfgang Schmid, Partner

SCHMID FRANK, Augsburg

e:  wolfgang.schmid@schmid-frank.de

t: +49 (0)1728 30 33 54

 

#WLNadvocate #Germany #EU #international #network #law #legal #lawfirm #lawyer #interview #dataprotectionlaw #privacylaw #IPlaw #medicallaw #AI #whistleblowers #ChatGPT