Jens
Certified Specialist in Information Technology Law Certified Specialist in Copyright and Media Law Certified Specialist in Intellectual Property Law
Portrait
Jens Engelhardt is a lawyer, specialist lawyer for IT law (Information Technology Law), specialist lawyer for industrial property protection, and specialist lawyer for copyright and media law.
Jens has been working for over 20 years initially as in-house counsel and subsequently as a lawyer in the field of IT/IP law. He develops and negotiates IT outsourcing, technology transfer, licensing agreements, as well as general terms and conditions (Terms of Use, GTC, T&C) and conducts negotiations and processes when technology and/or IT projects are facing difficulties or when infringements of copyright as well as business and trade secrets in the IT environment need to be defended.
For years, Jens has been a sought-after contact for companies in the area of data protection, IT security, and IT compliance in connection with the development and implementation of data protection and security concepts and accompanies data protection-sensitive processes in companies, such as internal investigations against employees and managing directors or due diligence examinations in asset and share deals. When introducing new software and new technologies, he develops data protection-compliant application strategies and implementation solutions for clients. Over the years, he has accompanied the introduction of the most important enterprise applications (ERP, CRM, HR, IT Security) from most major IT providers as a legal advisor.
As a negotiator and defender, Jens represents companies and responsible parties in data protection administrative fine proceedings and criminal proceedings against supervisory, investigative authorities and the courts.
Vita
Since 2022
External Data Protection Officer of the CISPA-Stanford Center for Cybersecurity, Saarbrücken
External Data Protection Officer of vertical cloud solutions GmbH, Darmstadt
Since 2021
External Data Protection Officer of Union Tank Eckstein GmbH & Co. KG, Kleinostheim
External Data Protection Officer of the CISPA Helmholtz Centre for Information Security, Saarbrücken
Deputy External Data Protection Officer of Edenred Deutschland GmbH, Munich
External Data Protection Officer of Byodo Naturkost GmbH, Mühldorf am Inn
Since 2019
External Data Protection Officer of Stiftung Kloster Eberbach, Rheingau
Since 2018
Managing Director of NOTOS Xperts GmbH, Darmstadt
External Data Protection Officer of DAW SE, Ober-Ramstadt
External Data Protection Officer of Dr. Jean Bausch GmbH & Co. KG, Cologne
External Data Protection Officer of INNOCEAN Worldwide Europe GmbH, Frankfurt a. M.
External Data Protection Officer of Verlag der Autoren, Frankfurt a.M.
External Data Protection Officer at approximately 35 other medium-sized companies
Since 2013
Authorized signatory of alpenschwan GmbH, Darmstadt
Since 2011
Member of the Advisory Board of the Institute for Information Law at Darmstadt University of Applied Sciences
Since 2010
Lecturer for IT Law at Darmstadt University of Applied Sciences, Department of Computer Science
2008
Lecturer for Data Protection Law at Darmstadt University of Applied Sciences, Department of Computer Science
Since 2008
NOTOS (Partner)
2003-2007
Engelhardt + Braune Lawyers
2001-2003
Skill Portal AG | fairpartners (In-house Counsel)
Since 1999
Editor of ius-IT.de – Portal for Law. Computer Science. New Technologies.
Education
1991-1998
Studies in Law in Frankfurt am Main
Memberships
German Society for Law and Computer Science e.V. (DGRI)
German Association for Industrial Property Protection and Copyright (GRUR)
Awards
Publications
The Legality of Processing Representative and Contact Person Data, DuD 03/2023, 160 ff. (together with Erdem Durmus)
Controls with Processors – Practical Recommendations for Dealing with and Consequences from Controls in DuD 08/22 (together with Erdem Durmus and Annika Selzer)
RDi Issue 7/2022 Comments on BGH, 22.02.2022 – VI ZR 14/21: Right to Name the Whistleblower in the Context of Fulfillment of the Right of Access Under Art. 15 GDPR (Jens Engelhardt)
Commentary on §§ 20, 21, 26, 27, 29 BDSG and Art. 88 GDPR in “Data Protection Law – A Commentary for Study and Practice”, edited by Annika Selzer, Fraunhofer Verlag, 2022
Impacts of Data Protection by Design and by Default Pursuant to Art. 25 GDPR on Asian (Software) Companies, HONGKONG LAWYER 08/2020, 27 ff.****
AI and Data Protection: Two Sides of the Same Coin, LR 2020, 9 ff.****
Over 18 Months of GDPR – A Review of Milestones and Effects Since Applicability, HONG KONG LAWYER****
Lecture by the Working Group of Insolvency Administrators Rhein-Main “The GDPR for Insolvency Administrators” on 12.12.2018
Lecture at the Real Estate Industry Day 2018 “General Data Protection Regulation: Status and First Experiences on 16.08.2018
Lecture at the Chamber of Crafts Rheinmain in Frankfurt “The GDPR is Coming! – To-dos for Craft Businesses” on 25.04.2018
Lecture at the IHK “GDPR and Advertising – To-dos for Companies” on 13.04.2018
Lecture on 10.09.2015 “Legal Aspects of Software Licensing” as part of the Business Workshop Licenses of Telekom Deutschland GmbH
Lecture* on 13.10.2015 “Employee Transfers and Know-how Protection” as part of the Information Series Labor Law of the IHK Darmstadt
*together with Attorney Björn Riedinger
Lecture on 11.09.2014 “Cloud Computing – Contractual Relationships and Design Options”
– As part of the IT Managers' Meeting of the IHK Darmstadt Rhein Main Neckar (in cooperation with IT FOR WORK), available at: Lecture…pdf
Lecture on 24.04.2013 “How Do I Protect My Software? – From Idea Protection to Trademark and Title Protection to Copyright Protection
and Technical Protection Rights” – Joint lecture with PA Dr. Thomas Bürvenich, Tergau and Walkenhorst Patent Attorneys at IT & Media, Darmstadt on April 24, 2013
Lecture on 19.11.2013 “IT Risk Assessment in Situations and Business Reports from the Perspective of the Liable
Managing Director / Board of Directors” – As part of the meeting of the Committee for Industry, Research and Innovation of the IHK Darmstadt Rhein Main Neckar
at Continental Automotive GmbH on Tuesday, November 19, 2013
Lecture on 27.02.2013 “Contractual Design Options and Legal Particularities in eProcurement” at the 3rd Forum of the Federal Association of Material and Purchasing (BME)
Lecture on 24.08.2011 “Intellectual Property Rights in Insolvency” in the Working Group InsO Rhein-Main e.V.
Data Protection Law Consideration of Digital Watermarks In: Proceeding of D-A-CH Security, syssex, September 2010***
Presentation Battle on 29.09.2010 as part of an event by the BVMW: “Know-how Protection Instead of Patent Protection” against Patent Attorney Dr. Andreas Walkenhorst with “Patent Protection Instead of Know-how Protection”
Legal Aspects of Watermarking Search Services (VIRTUAL GOODS 2010)**
Lecture on 08.09.2010 “Know-how Protection in IT” Schwetzingen IT Law Days 2010
Abolition of Operational Data Protection and the Data Protection Officer in Small Enterprises?
Trademark Infringement by Meta Tag?
Application of Purchase Law to Software Development Contracts
Warnings for Violations on the Internet
The Responsibility for Links and Framing Part I: Civil Liability*
Part II: Copyright, Competition, and Trademark Liability*
The Introduction of the Distance Selling Act – Effects on E-commerce
Data Protection Law Requirements for Internet Service and Media Service Providers
New Draft of a Telecommunications Surveillance Regulation
* With Dr. Olaf Stefan Göhrs
** With Dr. Martin Steinebach, Patrick Wolf, Jee-Un Kim
*** With Dr. Martin Steinebach and Patrick Wolf
**** With Erdem Durmus