Commercial & Contract Law

Generative AI and the EU’s AI Act create new legal risks. Contracts should ensure: protection of confidential data, allocation of IP rights to AI-generated results, audit rights, and supplier liability for compliance and output quality.

Foreign templates often conflict with German statutory rules or EU consumer law. They may be unenforceable or expose the company to regulatory fines. Localising contracts ensures compliance and reduces litigation risks.

A red flag review is a focused contract check highlighting the most critical risks — fast and cost-efficient. If your budget is limited, it is far better to commission a professional red flag review than to skip legal review entirely. Typical “red flags” we uncover include:

• asymmetrical limitation of liability clauses,
• definitions that expand the scope of obligations beyond what was agreed,
• auto-renewal provisions without termination rights.
  Spotting these risks early protects your business from costly disputes.

Not mandatory, but highly recommended. AGB let you regulate liability, applicable law, and jurisdiction in advance. Without them, German law applies — often less favorable to foreign sellers.

No. German consumer and e-commerce laws are strict. Foreign terms are often unenforceable. Sales to German or EU consumers require tailored AGB covering information duties, withdrawal rights, and returns.

Yes. Liability clauses face strict judicial control. Excluding liability for gross negligence is invalid. In B2B contracts, more flexibility exists, but compliance with statutory law is essential.

Yes, but they are subject to judicial review. Disproportionate penalties may be reduced or invalidated. Reasonable, commercially justified penalties are generally upheld.