Jan Morgenstern is Founder and Managing Partner of MORGENSTERN (www.m-kanzlei.de), a German law firm which is highly specialised on Information Technology and Data Protection in the international context. Stepping beyond the borders of isolated legal advice and services Jan Morgenstern noticed very soon that with regard to Information Technology and Data Security there are a lot of technical aspects you have to deal with very deeply. On the other hand, as a company it is not only legal advice that secures the company´s systems and IT infrastructure. So, Jan Morgenstern founded another firm which is completing the missing technical and IT-Security aspects: MORGENSTERN consecom GmbH (www.m-consecom.de), a consulting firm which is specialised in IT-Security. It was Jan Morgenstern’s idea to provide companies with full service on IT with the very special focus on Data Protection and IT-Security.
With technology making rapid developments, what has been the biggest change that has heavily impacted the legal sphere?
The overwhelming success of cloud computing and software as a service-products as well as mobile solutions in any context, big data and the Internet of Things have changed the reality in today´s business world fundamentally. Some years ago, there were only advantages everybody was talking about. Talking about risks in the same context was not “fancy” and no one seemed to care. But now this is completely changing: especially within the EU the General Data Protection Regulation taking effect in May 2018 is setting up very strict legal provisions concerning data processing and data protection.
How had this affected your clients?
Being compliant with legal provisions with regard to data protection and IT-security is no longer only a formal aspect. From the company`s point of view it is simply necessary and a mandatory act of self-defence. Hacker attacks in everyday news and the “Snowden- effect”, as well as the EU General Data Protection Regulation, are forcing companies and managers to build up a data protection management system which includes effective measures in IT-security.
How have internet apps, such as Instagram and Snapchat, affected copyright? What would you advise your clients to do in order to protect their work and company name?
Copyright infringement has been increasing since the internet became part of today’s reality; or, at least using the internet makes it much easier to act illegally. It is so easy: just copy and paste. It is not just about apps like Instagram and Snapchat. In general, companies should care more about what their employees do with regard to the internet, apps and social networks. There should be a clear guideline that gives the employees a binding framework: the protection of copyrights could be one important topic, but not the only one.
Which industry do you think has been the slowest at grasping the importance of effective IT services and contracts?
I think there is no industry that could be especially mentioned. It depends more on the awareness of the management. There are also some regional and maybe even cultural differences. Within the EU for example data protection is of high significance. Stepping beyond the borders of the EU there is partially a totally different approach. I think this is one of the great challenges: getting the different regional legal frameworks put together and making IT work how it should – international and worldwide.
With changes with data protection, what new challenges do you foresee for your clients?
For EU companies the major challenge will be to be compliant with the EU General Data Protection Regulation. The penalties that could be imposed are really threatening: we are talking about up to 20 Million EUR. For companies out of the EU it will be more or less the same challenge, because an EU based company that is transferring personal data out of the EU, is risking high penalties without checking and contractually specifying an adequate level of data protection. Concerning worldwide networked IT there are mutual efforts needed – within and outside the EU, in contractual and technical respects.
Jan Morgenstern
IT Law Specialist Attorney
Maximilianstraße 49
D-67346 Speyer, Germany
phone +49 62 32 - 100 119 – 0
jan.morgenstern@m-kanzlei.de
www.m-kanzlei.de
Lawyer and attorney for IT law Jan Morgenstern, the Managing Partner of MORGENSTERN Rechtsanwaltsgesellschaft mbH, advises national and international corporations and corporations as a nationwide expert in the development and implementation of data protection organisations and IT compliance management systems. Other areas of expertise include trademark law, copyright law, competition law and IT compliance.
The firm support companies from the start-up phase or a new market entry through the establishment and expansion of their business models to potential company acquisitions.
Their lawyers are at your side as consistent representatives in formal legal and judicial procedures as well as in mediation and arbitration negotiations as well as in complex contractual negotiations. Even beyond a specific, acute need for consultation, they are available to you as a permanent, highly specialised supplement to your in-house team or as an outsourced legal department.
