Software law attorney
Software
Successful software projects that comply with legal requirements.
We design secure contracts, licences, source code and SaaS models, offering advice that combines technology and law.
Challenges
Common pitfalls in software projects
- SaaS & cloud contracs
Clearly define service descriptions, SLAs, liability, terms and conditions, and data access. - Software Development & Acceptance
Clearly structure work/service shares, change requests, deadlines, acceptance and defect rights, with no room for ambiguity. - Source code escrow
Secure access in case of emergency (e.g. insolvency or service interruption), while effectively protecting the provider's IP. - Data access & Regulatory requirements
Observe the Data Act and company portability to avoid vendor lock-in and reliably define API/export rules and exit scenarios. - IP, licenses & rights of use
Clearly define the rights of use, the scope of the licence, sublicensing and the rules for updates and upgrades.
Relevance
Who we advise and how
We support SaaS providers, software developers and companies with software projects. We draft contracts, provide compliance advice, and ensure that your projects are legally sound.
SaaS provider
We draft and negotiate Software as a Service (SaaS) agreements, focusing on performance, legal aspects and compliance.
SaaS provider
We need legally binding contracts. SLAs, liability, exit clauses and data access must all be clearly regulated.
Software developer
We provide advice on licensing models and work contracts, and can help you to secure your rights by depositing your source code.
Software developer
We deliver custom software and white label solutions. We require security, source code protection and licensing clarity.
Medium-sized company
We provide clarity on escrow solutions, maintenance contracts and user rights, ensuring the long-term stability of your project.
Medium-sized company
Although we have developed software, we don't want to become dependent on it because storage and maintenance are uncertain.
KI-Startup
Wir unterstützen Sie und bringen IT-Recht mit AI Act und anderen Regulierungen in Einklang.
KI-Startup
Wir wollen eine KI Lösung als AI as a Service anbieten – aber ohne rechtliche Risiken.
How we advise you
Structure instead of chaos: legally compliant software projects
Our software project consulting services:
- End-to-end contract drafting: Drafting customised SaaS, licence, work and service agreements
- SLAs and operation: Clearly defining availability, support, maintenance, KPIs and service credits
- Exit/migration and data access: Regulating portability, API/export, offboarding plans and termination consequences
- Source code escrow: Secure model selection, trigger events, reviews and contractual updates
- Software development agreement and acceptance: Service description, change requests, acceptance processes and rights in case of defects
- Intellectual property (IP) and licensing models: Defining rights of use, sublicensing, updates/upgrades and the chain of rights
- Data Act and cloud requirements: Review contracts for data access, interoperability and vendor lock-in.
- Open source and components: Integrate obligations, licence texts and compliance into contracts.
- Dispute resolution and enforcement: Licence violations, SLA violations and defects in work. Defence/enforcement
- Vendor and partner management: DPA/TOM, audit and information rights, roles and responsibilities
Free initial consultation
Get clarity on your software in 30 minutes
Tell us what you need and we'll clearly explain what's possible.
Lawyer, Partner | Berlin
Contributions to software law
From SaaS to escrow
Would you like to familiarise yourself with the topic of software law first? No problem! Here you will find all the articles and downloads that we have created on this subject to date.
Secure source code storage with blockchain technology
This article explains how to securely and legally store and protect the source code for business-critical software, for example in the event of the manufacturer's insolvency. It focuses on deposit agreements drafted by lawyers, decentralised storage in the IPFS network and anchoring a cryptographic hash on the blockchain as tamper-proof evidence.
Software Escrow: Secure storage of source code
What protective measures do you have in place if your software provider fails or stops supporting your software? This article explains how source code escrow works, from release criteria and update obligations to insolvency protection, and how it benefits both licensees and providers.
Smart contracts: Audit, Regulation & Function
What lies behind the term 'smart contract' and what significance do these automated agreements have in the context of data and blockchain technologies? This article explains how smart contracts work, how they are legally classified, and how companies can minimise the risks associated with their implementation.
SaaS contracts: Classification & options
What constitutes a SaaS contract from a legal perspective, and which type of contract applies in individual cases? This article examines the interaction between rental, service and contract for work and services law in SaaS models, the special features of service descriptions, data protection and liability, and how to draft and structure your contract to ensure legal compliance.
AI in SaaS contracts: Innovation and regulation
Cloud-based SaaS models with integrated AI present new business opportunities, but legal requirements are also increasing significantly. This article demonstrates how to draft contracts that take into account content such as training and usage data, audit rights, liability and compliance obligations (e.g. those set out in the AI Act) in a legally compliant manner.
What are the Data Act requirements for SaaS contracts?
What new obligations does this entail for cloud and SaaS contracts? This article focuses particularly on the prohibition of unfair contract terms, the obligation to ensure data portability ('cloud switching') and the specific obligations of providers of data processing services. It shows you how to adapt existing contracts.
The impact of the Data Act on the healthcare industry
What does the Data Act mean in practice for manufacturers of connected medical devices, providers of digital health services and hospitals? This article explains the mandatory disclosure requirements for IoT medical technology, including obligations relating to data access, interoperability and documentation, and demonstrates how to prepare for the future in legal and organisational terms.
Software development agreement: How to secure your software projects
What contractual basis is required for custom software development? This article explains whether a contract for work or a service contract is more appropriate, and covers mandatory content such as specifications, documentation and rights of use. It also explains how to avoid risks in agile projects or those involving open source components.
Service Level Agreement (SLA): Contractual basis for IT services
An SLA sets out measurable performance criteria and liability risks in a binding manner between the service provider and the customer. This article explains the core components that an SLA should contain, such as availability, recovery times, escalation processes and reporting, and how you can avoid pitfalls such as vague wording or missing audit mechanisms.
Download: Seven tips for legally compliant software contracts
The seven most important points to always check in your software contracts and SLAs, including a sample SLA structure.
Your result
Clear measures, secure contracts, tangible solutions
You know if the Data Act affects you
We will check whether your products or services fall under the remit of the Data Act and, if so, to what extent.
Gain clarity about your obligations
We will show you which obligations apply to you and what you need to do now.
Your contracts and interfaces remain secure
We ensure that your contracts comply with the Data Act and protect all relevant data flows.
Your processes are ready for the Data Act
We can integrate the new requirements directly into your processes in a simple and transparent way.
Act proactively instead of reactively
We show you how to consider new EU regulations in good time and seize opportunities.
You maintain project momentum and market readiness
We synchronise the legal review process with product development.
Intro
Our motto: secure, radical, digital.
SRD is the boutique law firm for digital projects, supporting you from kick-off to go-live. We combine technical innovation with compliance. We create radically clear legal scope for this.
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Your experts for software law
Lawyer, Partner Berlin
Lawyer, Senior Associate Berlin
Lawyer, Associated Partner Berlin
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Bye, bye legal Standby
With us, you get clarity at project speed, so there's no need to wait for the legal team