To date, only a few law firms are specialized in IT law. Jurisprudence relating to technology develops itself difficult. Law and policy makers do not seem to be able to cope with the fast-paced development in information technology. All this is intended to bring the judiciary power, which itself faces an enormous time pressure, back into the balance.
Modern Data Processing Systems, IT Systems and Software Solutions are becoming increasingly complex. For decades, a rapid development of the IT Industry has been registered.
Civil-law disputes today often require primary findings for a technology-related party submission. It is only after such statements that a juridical decision can be made, which also withholds appeal and cassation. If a court is lacking subject-specific knowledge, experts will be engaged. This seems to be feasible in order not to burden the courts, which are already working to capacity, with any further professional searches.
Damage to a computer system requires a different qualification from an expert than, for example, a determination of a copyright infringement on data records of a database. Therefore, the German Association for Data Protection employs a team of IT experts with different focus areas. In consultation with the court, we coordinate which of our experts can issue an expert report. A lengthy search for the appropriate expert is not necessary. The German Association for Data Protection provides its IT experts to all courts and authorities in Germany, Austria and Switzerland.
The employees of the German Association for Data Protection are already discussing the respective procedure before accepting a court expert order. All procedures will be immediately examined to see if one of our experts is qualified to make an opinion. As a rule, one of our experts has the necessary special competence for the preparation of expert reports. The latter is appointed by the court of first instance and draws up a court-prescribed expert report after receipt of the order of evidence.