What is IT Law?
There are many different opinions which legal fields are affecting the IT Law. IT Law is the short form for information technology law. This legal field is quite young compared to others and is often referred to computer law, cyber law or internet law. In general information technology law is the legal work around the date which is collected, stored and spread over the internet in the global market place.
Special contents of IT Law, which are also taught in a lawyer’s professional training, are:
Most common issues arising in IT law are for example software licencing, data privacy and security and electronic signature. It is really important for every business or private person to understand and know how to deal with these issues because they are every day topics while using the internet even though we are not always aware of this. Because of the complexity of this branch of law it is hard to get it all at once, even to sum it up in one term.
Sometimes IT law is also referred to as ITC law which stands for information, communication and technology law. This law field involves a wide range of different branches which are existing in law. There is for example contract law, consumer protection law, patent, copyright and trade mark law, tax law, etc. Like the ‘normal’ branches of law, there are civil and criminal as well as contentious and non-contentious matters. Because of this large diversity which the IT law comprises, it is a wide ranged topic with many difficult terms and sometimes hard to comprehend. We will do our best to make the articles on our website as simple and structured as possible.
Definition of terms
To fully understand the articles on this website follows a short explanation of a few IT, business and law terms.
Consumer
A consumer is a natural person who concludes a transaction which is not linked to the person’s profession.
Entrepreneur
An entrepreneur can be either a natural person, a juristic person or a legally responsible group which acquisition of a transaction is linked to his/their profession. A legally responsible group is a group which has the ability to obtain rights and incur a liability.
Cancellation right
When a consumer and an entrepreneur contract without meeting in person, then the consumer has the right to end the contract without a reason within 14 days via email or letter. It is enough send the recall in time to end the contract. Consequently the contract is dissolved and every to this point performed service (delivering of the good and payment) must be transferred back. If the consumer is not well informed by the entrepreneur about this right before or immediately after they contracted but later on, the deadline is extended to 1 month. If the consumer doesn’t get any or inadequate information by the entrepreneur then the deadline doesn’t start at all. In consequence the consumer is able to end the contract even long time after it has been made. In certain cases the entrepreneur can grant the consumer the right to return instead of the cancellation right.
Right to return
Instead of cancellation right, a right to return can be allowed by the entrepreneur. The consumer must be informed before about this right before the contracting. If the consumer is well informed about the right of return, he can send back the delivered goods within two weeks without giving a reason. Regarding the deadlines refer to cancellation right. Benefit of the right to return for the entrepreneur: He gets his goods back immediately, he doesn’t have to wait for a declaration of cancellation from the consumer.
Encoding
It is possible and because of safety reasons even advisable, to encode personal content and emails in the internet. There are different possibilities and standards to encode data.
Terms and conditions
Terms and conditions are regulations which were previously formulated and are used by the contracting party and are legally binding.
Framing
A website can contain different frames. It is possible to show external content in these frames, i.e. providing information of other suppliers on your own website. As far as the other supplier didn’t agree, this is a copyright violation. So you have to be very careful if you want to use frames on your website and you should think of consulting a lawyer beforehand.
Hyperlink
A Hyperlink is a text or a picture, who is linked to another content in the World Wide Web. You can access this content easily by clicking on it. There are two categories of links existing on a homepage. First there are intern links (content within the certain website) and second there are external links (content outside the certain website).
