ITAR Compliance and Technology Law for the U.S. Market

Software-as-a-Service contracts in the U.S. market follow different standards than those in Germany: Licensing models differ in scope of use and pricing structure; service level agreements often define availability and response times much more strictly; and liability clauses limit claims according to different standards than those under German law governing general terms and conditions. Simply translating a German SaaS contract often results in assuming liability risks not provided for under U.S. law or omitting liability limitations that would be customary there.

We draft and review SaaS contracts in strict accordance with U.S. standards—from licensing structures and service level agreements to liability limitations and warranties. This creates a contractual framework that stands up to the rigors of doing business in the U.S. while also aligning with your business model.

Deep-tech and AI business models bring together IP protection, data law, and investor agreements. Patents and know-how must be structured in a way that holds up in the U.S. market, while AI applications also raise data protection issues: what training data was used, what rules apply to data flows between the EU and the U.S., and what requirements a U.S. investor has regarding documentation of these issues prior to a funding round. Anyone who overlooks these intersections will find themselves struggling to explain themselves, at the latest, during the due diligence phase of an investment round.

We support deep-tech and AI companies at the intersection of technology, intellectual property law, and data law—from protecting intellectual property to drafting investor agreements that stand up to these challenges.

U.S.-related military goods and defense technology are subject to either the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR)—two distinct export control regimes with their own licensing procedures, reporting requirements, and penalties for violations. Whether a product or technology falls under ITAR or EAR determines which shipments, collaborations, and data transfers require authorization and what compliance structure a company must maintain on an ongoing basis. For German suppliers and business partners with ties to the U.S., ITAR compliance is therefore not a one-time review, but an ongoing task that affects every new shipment, every new collaboration, and every new employee hire.

We classify products and technologies under ITAR or EAR, establish compliance frameworks for ongoing export transactions, and provide support for licensing procedures and reporting requirements. Our ITAR consulting services are designed for German companies that collaborate with U.S. partners, ship to the U.S., or use U.S. technology—from the initial assessment through ongoing export controls.

Contracts with U.S. government agencies and the U.S. Department of Defense are subject to their own procurement and contracting rules, which differ from those governing civilian U.S. contracts and, even more so, from German procurement law: they have their own certification requirements, reporting obligations, and rules for subcontracting. Investments from Germany in U.S. companies involved in national security matters may also trigger a review by the Committee on Foreign Investment in the United States (CFIUS)—meaning that a transaction cannot be completed until it has been approved.

We prepare German suppliers and partners for the requirements of U.S. government contracting and determine early on whether and how CFIUS affects your project—before it becomes a time risk for the contract or transaction.