A provider whose software or cloud service your company depends on is insolvent, is being sold or has announced that it will discontinue the service.
What matters now
- First secure access to your own data: export, backups, formats.
- Clarify who your contact is now, for example an insolvency administrator, and what rights your contract gives you.
- Check licences, maintenance and further development; source code escrow can now be decisive.
- Plan a switch before operations falter; the new switching rights under the Data Act help.
- Do not stop or continue payments unchecked.
Documents I need
- the contract with all annexes, service levels and licence terms
- notices from the provider or insolvency administrator
- escrow agreements, if any
- an overview of stored data and dependencies
Next steps
Send me the documents by email to kanzlei@bauer.legal or use the appointment request, and mention any deadline that is running. I usually reply within one working day and let you know how things can proceed. You can write to me in English or German. If the deadline is close, it is best to call: +49 33365 784007. How we work together and how fees are charged is explained under How we work together.
More: IT law.
This page gives a general overview of German law and does not replace advice on the individual case.