Our experts prepare the necessary IT reports to prove facts. At an oral hearing, our employees are glad to answer the question before the court as experts or expert witnesses.
Courts place high demands on the burden of producing evidence and burden of proof in the civil process. The submission of a party should always be proven.
A public prosecutor’s office initiates an investigation procedure, when the authority acquires the knowledge of facts that justify a reasonable suspicion that an offender or an unknown person could have committed a criminal offense. The public prosecutor is generally obliged to investigate a matter impartially. The rights of an accused often represent a criminal defense. The latter usually tries to reach a closing of the proceedings before the public action is taken. Alternatively, he takes over the defense of a defendant in the main hearing. Criminal lawyers may already submit an expert report during the preliminary proceedings. This can be useful if a suspect or accused person can be exonerated by means of an expert report.
If the public prosecution charges with offence, we independently examine whether the relevant offenses may be proved by means of computer forensic examinations. We focus our audit on the question whether another offender comes in question. Not infrequently there is the possibility that a criminal offense could be committed by a third party, for example by a hacker, without the knowledge of the defendant. Was a copyright infringement committed after a hacker attack on a wireless network? Was the computer remotely controlled over a bot network while phishing spam was sent? Is there identity theft? Expert witnesses may contribute to the acquittal of a defendant. A criminal defense advocate is safe with the engagement of the German Association for Data Protection: he assigns independent IT experts.
The IT experts of the German Association for Data Protection stablish findings on facts for lawyers and their clients. We produce party reports for submission in civil or criminal proceedings. We review expert opinions from third parties (for example, IT forensics of the investigative authorities) and correct erroneous findings. Our IT experts examine whether third-party experts have kept to the scientific methods in their investigations and correct conclusions have been drawn.
The employees of the German Association for Data Protection produce IT expert reports for civil proceedings. They ascertain and assure facts for interim relief proceedings. Our expert opinions serve to make legal claims, prove them and make them believable. It goes without saying that the IT experts of the German Association for Data Protection always remain neutral and independent when making expert opinions. We provide lawyers with independent IT expertise and thus enable an even more optimal representation of the clients. We also rely on the competence of other experienced IT experts to determine facts about highly complex issues.
The expert opinions of the German Association for Data Protection can withstand the high requirements of the courts, whether in proceedings for interim relief or in main proceedings. Quite often, our expert opinions are used to establish an infringement of intellectual property rights (trademark and copyright). If the IT experts of the German Association for Data Protection are involved in good time, or should deadlines, e.g. the deadline for an application for an interim injunction, be complied with a timely completion of the expert report or the factual documentation (for example, an affirmation in lieu of an oath for the submission to the court) is guaranteed by us. We inform a lawyer of the respective state of investigation before the expert opinion is prepared. Therefore, legal documents may be prepared promptly and simultaneously to the production of expert opinion.
Qualified and independent experts are needed to substantiate the infringement of copyright and trademark infringements. In the past, rights owners and their attorneys-at-law often used experts who were attributed to their own camp (1). It resulted into problems.
Fundamental: LG Berlin, resolution v. 3.5.2012, 526 Qs 10-11 / 12 – Microsoft expert; LG Kiel, resolution v. 14.8.2006 – Az. 37 Qs 54/06 – GVU expert.