Flemming Moos

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Osborne Clarke

Flemming specialises in IT, data protection and e-commerce law. He advises German and international clients on all contentious and non-contentious matters in these areas.
Flemming's data protection law advice covers all privacy and data protection related issues, inter alia advice on international data flows within groups of companies and binding corporate rules; development of compliance programs; technology-related data usages; data protection issues with regard to direct marketing activities; advice on the setting-up and operation of CRM, personnel or other data bases involving personal identifiable information; setting-up of whistleblowing and other reporting schemes; data protection issues in technology projects (e.g. RFID, Outsourcing); drafting and negotiation of respective agreements (data processing agency agreements; agreements on data transfers, binding corporate rules, works agreements etc.); representation of clients towards administrative authorities and in legal disputes.
Flemming is also very experienced in drafting and negotiating of all kinds of IT contracts including licensing, development, maintenance and distribution agreements as well as general terms and conditions. He is regularly involved in outsourcing deals and also advises public administrative bodies in IT-related procurement processes. Flemming has in-depth knowledge of the legal aspects of setting-up software license management systems. Flemming also regularly represents his clients in complex IT litigation.
Moreover, Flemming's practice focuses on the implementation of electronic commerce business models and advice on internet law as well as on issues relating to the setting up of commercial websites, copyright and other content licensing, hosting agreements and domain disputes.
Flemming is admitted as a mediator to the IT Conciliation Board in Hamburg.
Professional experience
Since 2006 DLA Piper UK LLP, Hamburg, Germany
2001-2006 Luther Rechtsanwaltsgesellschaft mbH (formerly Andersen Legal), Hamburg
1999 Traineeship at the Higher Regional Court of Braunschweig with placements in Hamburg and London
1996 Research Assistant at the chair for European and International Law at the Faculty of Law in Osnabr++ck

Major transactions
Advising a global provider of HR software on drafting inter-company data processing agency agreements between German, French, Dutch, Spanish and UK group entities with respect to the HR data of their customers; and also on centralized HR data processing in France and US.
Advising an international manufacturing company with establishments in Germany, USA and China on the establishment of Binding Corporate Rules within the group of companies in order to facilitate international flows of personal data and to ensure adequate data protection guarantees throughout the company.
Advising the world's largest mail order company with respect to electronic commerce issues, lately inter alia with respect to affiliate marketing.
Advice to a leading global IT service provider with respect to several shared services agreements and software licensing issues;
Permanent advice to a Major German Foundation with respect to IT related matters; recently inter alia in a tendering procedure and with respect to the conclusion of a co-operation and supply agreement relating to IT-supplies to the Federal German Ministry of Defence; and on the setting up of a PC production facility
Helping a well-known German investment fund to set-up an online trading platform for traded endowment policies.
Advising a leading global hotel group on the implementation and design of a bonus and customer retention programme in Germany
Advising one of the world's largest provider of customer and marketing services on the design and implementation of customer retention and direct marketing programmes
Permanent advice to an international telecommunication service provider with respect to data protection law issues
Advising the global leading provider of television audience measurement and related services on the negotiation of an IT project contract covering software development and maintenance services.
Advice to a German federal ministry in the procurement and negotiating process concerning a co-operation with private enterprises on the setting- up and operation of a digital communications network system for authorities with security tasks in Germany.
Advising the largest computer centre of the German saving banks and also a leading German health fund on the introduction of software license management systems.
Legal advice on a cross-border IT outsourcing deal of a major European electric utility company
Advising the German Federal Ministry of Defence in relation to the privatization of the maintenance of track vehicles and other defence systems of the German Armed Forces, as well as respective logistic and management services.
Major clients
IT, Telecommunication and Internet Service Provider as well as corporate users (in particular from the technology, trade and service industries)
Memberships
Member of the German Computer Law Association (DGRI e.V.), the International Association of Privacy Professionals (IAPP) and the Data Protection Society in Hamburg (HDG e.V.)
Publications
Various Publications on IT, Licensing, Data Protection and E-Commerce-Law; recent publications include:
  • Storing Data on Job Applicants Having Regard to the General Act on Equal Treatment, The Business 2007, p. 1194;
  • Violations of Law over the Internet GÇô Prosecution before German Courts; German Journal for Judges (DRiZ) 2007, p. 208.
  • The Copyright Minefield of Second-Hand Software, Managing IP 1/2007, p. 38;
  • Software License Audits GÇô Validity and Scope of Statutory and Contractual Obligations to Allow License Reviews, CR 2006, p. 798;
  • Data Protection Law GÇô easy to grasp, Springer Science, Berlin 2006;
  • The German Data Protection Implications of International Group-wide HR Databases, The Privacy Advisor September 2006;
  • Illegal trade in personal profiles? GÇô Generation and marketing of commercial data bases on identifiable individuals, MMR 2006, p. 718.
  • Legal peculiarities of software distribution, in: GÇPArbeitskreis Recht of the GÇPF+¦rderkreises Multimedia (ed.), Handbook IT Law, Hamburg 2006, p. 95;
  • Software maintenance, in: GÇPArbeitskreis Recht of the GÇPF+¦rderkreises Multimedia (ed.), Handbook on IT Law, Hamburg 2006, p. 111;
  • Public Private Partnerships and IT-Outsourcing in Electronic Government, in: Kr+¦ger / Hoffmann (ed.), Legal Handbook on Electronic Government, Cologne 2005, p. 301;
  • Compendium on IT Law GÇô A Handbook for Business Practice, Bundesanzeiger-Verlag, Cologne 2004.

 

Contributions by Flemming Moos