BRANDI lawyers.
Dr. Daniel Wittig
About me
- Born in 1989
- Legal studies at the Universities of Münster and Oslo
- First Exam ("1. Staatsexamen") in 2015
- Legal clerkship ("Refrendariat") at the Paderborn District Court
- Second (Bar) Exam ("2. Staatsexamen") in 2017
- Admitted to the bar and joined the firm in 2017
- Visiting lecturer at the Hochschule Ostwestfalen-Lippe since 2018
- Data protection officer (TÜV ®) acc. to GDPR and BDSG-new, since 2019
- Doctor of Laws (Dr. jur.) at the Westfälische Wilhelmsuniversität-Münster, 2020
Competence
IP rights & competition law
Trade mark and designation law
- Application of German trade marks, community trade marks and IR trade marks
- Trade mark research, management and monitoring
- Contract design (trade mark license and transfer agreements, delimitation agreements)
- Conduction of opposition and cancellation proceedings before authorities, the German Federal Patent Office and the General Court
- Trade mark and designation infringements (warning, preliminary injunction, action)
- Rights to names, company signs, and titles of works
Design law
- Design infringements (warning, preliminary injunction, action)
- Design license agreements
Patent and utility model law
- Cooperation with patent attorneys
- R&D contracts
Know-how protection
- Non-disclosure agreements (NDA)
- Know-how protection agreements
Copyright
- Copyright infringements (warning, preliminary injunction, action)
- Related property rights (in particular image rights, databases, sound recordings)
Commercial and distribution law
National distribution
- Delivery agreements
- Purchase agreements
- Delivery framework agreements
- Order framework agreements
- General Terms of Purchase and Sale
- Warranty regulations
- Guarantee agreements
- Quality assurance agreements
- Inco terms
- Product liability law
- Agency agreements
- Non-disclosure agreements
IT & data protection
IT-Law
- Preparation, design and monitoring of IT projects
- Creation of software, especially agile software development as well as traditional software development ("waterfall model") including preparation (letter of intent, memorandum of understanding)
- Use of software and hardware on a temporary basis, in particular cloud computing (CC), application service providing (ASP), software as a service (SaaS), infrastructure as a service (IaaS), platform as a service (PaaS)
- License agreements
- Software maintenance, hardware maintenance and other support services
- Outsourcing agreements
- Software and hardware distribution: drafting and negotiation of general terms and conditions and framework agreements and distribution agreements
- Tendering of IT services, EVB-IT (supplementary terms for the procurement of IT services)
- Assertion and defense of claims in and out of court, e.g. in the event of software defects, licence infringements and liability issues (claims for damages)
- Reversal of failed software projects
- Defence against negative ratings and representations on the Internet, including enforcement by means of a preliminary injunction
- E-Commerce (designing of online shops, both B2B and B2C)
- App agreements, in particular drafting of terms of use
- Law governing online platforms including social media (drafting of terms of use, defence against claims, etc.)
- Law governing search engines (Google, Bing, Yandex, etc.)
- Online marketing including SEO
- Competition and liability law on the Internet
Data protection law
- Assumption of the function of data protection officer
- Data protection inventories & status reports
- Advice on the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (Bundesdatenschutzgesetz; BDSG) and other data protection laws
- Data protection compliance
- Preparation of custom data protection concepts
- Data protection documentation and record of processing activities
- Drafting and review of agreements on order processing
- Pre-checking, testing, evaluation and privacy-related documentation of IT systems such as video surveillance
- Data protection for websites and online shopts
- Privacy statements and data protection in e-commerce
- Advice on data protection risk management
- Realization of data protection training and workshops
- Advice on technical and organizational measures
- Data protection in international dealings, international data transfer
- Drafting of data protection and privacy provisions in works agreements
- Communication with data protection supervisory authorities
- Support with certification and audits
- Advice on the avoidance of data breaches, hacking, phishing
Publications
Monographs
- Die produzentenrechtlichen Verkehrssicherungspflichten von Softwareproduzenten, Baden Baden 2021, zugl.: Münster, Univ., Diss., 2020
Memberships
- Deutscher Anwaltverein (DAV)
- Arbeitskreis Wettbewerbs- und Markenrecht Westfalen-Lippe e.V.