Software and IT law

The term IT law became established with the introduction of the title “specialist lawyer for information technology law” in 2006. Earlier terms were “EDP law”, “computer law” or “information technology law” or “legal informatics”.

However, there is no so-called “IT law”. IT law is an umbrella term for a large number of laws or subject areas that all converge in IT law. Of particular relevance here are data protection law, telecommunications law and copyright law.

According to § 69a UrhG, computer programs are protected in all forms of expression (e.g. source code, assembly code, object code) and also as a draft (e.g. flowchart). The prerequisite is an intellectual creation of the author that leads to an individual work. Qualitative or aesthetic criteria do not play a role in assessing whether a work exists. Ideas and principles that form the basis of a computer program are not protected.