Digital law for startups –
Growing in the digital world with legal certainty
Part 2: Intellectual Property
September 2025
As a decision-maker in your startup, you face a multitude of legal requirements. What is crucial is identifying the truly relevant areas and tackling them systematically. We have structured and prioritized the most important digital law topics for you.
In the second part of this series, we address intangible assets. How can you protect your own Intellectual Property ("IP"), what must you consider when it comes to third-party IP, and what are the most important topics regarding cybersecurity law and trade secrets.
Intellectual property
Strategically protecting your innovations
You invest a lot of time, money and creativity in your product and your intellectual property. A well-thought-out IP strategy ensures that these investments remain optimally protected and exploitable.
Developing IP strategy
Trademark registration: Secure the rights to your trademark early – this creates legal certainty and protection against imitators
Freelancer contracts: Clear regulations ensure that developed solutions actually belong to your company
Research collaborations: A clear IP allocation from the start creates clarity for all parties involved
Important point for founders
Domains and trademarks are often initially registered privately. Transfer these to the company in good time – ideally before the next financing round. This creates transparency for investors and avoids later complications.
Avoiding IP infringements
Legally compliant use of third-party content
Solid IP compliance protects your company and creates trust with partners and investors. With the right approach, most pitfalls can be avoided.
1. Open Source Software
License compliance: Even "public" software is subject to license terms with different standards and usage possibilities. It is important that you are clear about the terms and have documented the various licenses – ideally with an indication of which part of your software is based on them.
Copyleft effect: This term describes the reversal of the "copyright" concept. Some license terms require that software based on open source be made available itself. In the worst case, you must offer your entire software free of charge. A precise review of the license terms protects you here.
Trademark law
Trademark research: Thorough research before brand launch helps avoid potential conflicts with competitors.
Respecting third-party IP: When using third-party content, you should always respect the rights of the creators. This applies especially to images, web scraping and AI-generated content. Proper rights clearance from the start saves later complications.
Cybersecurity & Trade Secrets
Building digital security strategically
Cybersecurity is more than just IT protection – it is a competitive factor and often a contractual requirement of your customers.
Product security
Legal requirements: Are you affected by the Cyber Resilience Act (CRA) or other security regulations? Early clarification of these requirements helps with strategic product planning.
Customer perspective
Compliance requirements of your customers: Many companies must comply with regulations such as the NIS2 Directive or sector-specific standards like the Digital Operational Resilience Act (financial sector). These are often contractually passed on to you as a service provider. Understanding these requirements can open doors for you.
Protecting trade secrets
Legal protection: You enjoy legal protection for your trade secrets – but only if you adequately protect them. A well-thought-out strategy secures your know-how.
NDAs (non-disclosure agreements): You will both conclude these and require them from others. Effective NDAs have specific requirements – the right setup protects both sides optimally.
You will learn this in Part 3
In the next part, we address the expansion of your "legal framework": We deal with contract drafting, AI compliance and employee data protection.
Do you need help with one of these points?
Contact us for a free initial meeting.
We develop with you a roadmap with the most important steps and create concepts, contracts and legal documentation so that you can focus on what matters to you – your business.
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