May an external IT service provider access client data?
Yes, as far as necessary for its work and provided it has been contractually bound to confidentiality. For lawyers this is governed by § 43e BRAO, for notaries by § 26a BNotO, and under § 203 StGB disclosure to persons involved within this framework is not an unauthorised disclosure. We conclude the contract in text form and limit our access to what each task requires.
What must the contract with the IT service provider contain?
At a minimum, the confidentiality obligation with instruction on the criminal consequences, access limited to what is necessary and a rule on whether further persons may be brought in. This is set out in § 43e (3) BRAO and § 26a (3) BNotO. In addition, there is the data processing agreement under the GDPR.
May law firms use Microsoft 365 and other cloud services?
In principle yes. The cloud provider is then also a service provider that you must choose carefully. For services abroad, § 43e (4) BRAO additionally requires that the protection of secrets there is comparable to that in Germany. We work out with you which data is stored where and set up the environment so that you can demonstrate this.
What happens if the beA is not working?
We look for the fault immediately, because your deadlines keep running. It is usually the card reader, card, certificate or an update on the workstation. If electronic filing is temporarily not possible for technical reasons, § 130d ZPO (German Code of Civil Procedure) allows a substitute filing, but the malfunction must then be credibly shown.
Do you also support notary offices with XNotar and beN?
Yes, we look after the IT around these applications, meaning workstations, network, backup and access. The respective vendors remain responsible for the specialist applications themselves, and we coordinate with them.
How do we work securely from home or at court?
With devices that we manage and encrypt centrally, and with MFA for every login. Conditional Access also ensures that client data can only be opened on approved devices. If a laptop is lost, we lock it remotely.
What does Managed IT cost for a law firm?
Managed IT costs €69, €99 or €139 per user per month, depending on the package. For law firms the Standard package usually makes sense, because it includes MFA, Conditional Access and documentation. There is also a one-off onboarding fee, which is €1,500 for up to 25 users.
Is a small law firm too small for you?
No, we provide ongoing Managed IT from 5 users. For smaller firms we support individual projects, such as switching to new devices or securing Microsoft 365, and bill by time and effort.
