Set up, secure, run and develop your complete company IT under a binding operating constitution.
From a message to a technically set-up, protected website, with a clear structure and ongoing care.
Bespoke platforms, portals and interfaces: specified, programmed, tested and integrated.
Digital assistants take in the work; rule-bound processes deliver checks, approvals and documented results.
Operational infrastructure from the network, on its own or as part of a complete IT landscape.
The binding framework of order: manifesto, charter and operating constitutions.
The operational order for IT landscapes: 14 domains, mandatory artefacts, evidence.
The Sulek Intelligent Process Execution System: rules become managed processes.
Companies, specialists and infrastructure in several countries, coordinated by contract.
What the law requires of you.
Word for word.
Every hard statement on this website carries a number. Here you find what it rests on: the provision, its core, what it means for you – and the official source. Current scope: Germany. Austria and Switzerland will follow.
Seven statements. Seven sources.
We do not shock with claims. We show you what is written.
Managing directors are liable.
Section 43 (1) and (2) GmbHG (German Limited Liability Companies Act)Managing directors must apply the care of a prudent businessperson in the company’s affairs. Whoever breaches these duties is jointly and severally liable to the company for the resulting damage.
This is personal liability: the managing director answers with his own assets – not the company for him.
In a dispute, you must prove your diligence.
Federal Court of Justice (BGH), judgment of 4 November 2002 – II ZR 224/00The company only has to show that it suffered damage through conduct of the managing director within his scope of duties. The managing director must show and prove that he fulfilled his duties of care or is not at fault.
The burden of proof is reversed. What is not documented cannot be proven.
Even for what you do not know.
Section 276 (2) BGB (German Civil Code) · Higher Regional Court Nuremberg, judgment of 30 March 2022 – 12 U 1520/19Liability does not require intent. Negligence means failing to exercise the care required in business – including not knowing a duty one should have known. According to the Higher Regional Court Nuremberg, a managing director can be liable if he fails to create an organisation that ensures the four-eyes principle for activities likely to cause damage.
The problem is not only an employee’s mistake. The missing organisation is already the breach of duty.
NIS 2: management is personally responsible.
Section 38 BSIG (German BSI Act) · in force since 6 December 2025The management of essential and important entities must implement the risk management measures under section 30 BSIG and supervise their implementation. Whoever breaches this duty is liable to the entity for culpably caused damage under company law. In addition, management must attend training regularly.
You can delegate the execution. The supervision stays with you – and it must be provable. Applies to entities covered by the law; whether your company is one of them must be assessed case by case.
No evidence means: it never happened.
Art. 5(2), Art. 32, 33, 82 and 83 GDPRThe controller must be able to demonstrate compliance with the data protection principles. He must take appropriate technical and organisational security measures and report a personal data breach to the supervisory authority without undue delay and, where feasible, within 72 hours. Data subjects can claim compensation; fines reach up to 20 million euros or 4 % of worldwide annual turnover.
Accountability is itself a duty. Whoever cannot provide the evidence is already in breach of it.
Unlicensed software is no trifle.
Sections 69c, 97, 106 UrhG (German Copyright Act)Reproducing and using a computer program requires the consent of the rights holder. Whoever uses it without that right can face claims for injunction and damages. Intentional unauthorised exploitation is also a criminal offence.
Every installation needs a legal basis – and the evidence for it.
The records must be there. Years later.
Section 257 HGB (German Commercial Code) · Section 147 AO (German Fiscal Code)Merchants must keep commercial books, accounting vouchers and business letters in an orderly way for years. The same applies to tax-relevant records – including electronically stored data, which must be readable and evaluable during an audit.
A failed system does not release you from the retention obligation.
This page summarises the legal position in Germany as of 27 October 2026 in general form. It is not legal advice. Whether and how a provision applies to your company depends on legal form, sector, size and the individual case. The summaries render the core of the provisions in substance; the official text in German is authoritative.
Where it gets tight when it matters.
Data protection and data processing
Typical question: who processes which data on what legal basis – and which contracts and measures prove it?
Information security and cyber attacks
Typical question: who is responsible for permissions, vulnerabilities, security-critical changes and incident response?
Availability and recovery
Typical question: when was recovery last tested – and with what result?
Software licences and copyright
Typical question: which software is actually running – and which contract grants the right to use it?
Documentation and retention
Typical question: can the requested records for the period be produced complete, unaltered and readable?
Service providers and cross-border work
Typical question: who owes which service, who accesses which data – and how is that controlled?
Your responsibility remains. The burden does not.
The ZAVET IT Operating Constitution assigns every duty agreed within the scope to a domain, a responsibility and an evidence record. SIPES carries out the execution and records it. The Technology Center Network delivers the service; Atlantic Bridge Exchange bears the agreed external responsibility. What remains with you is what the law leaves you: supervision – with evidence in hand.
Let us talk about your company.
Write to us in English, German or Spanish. You will receive the answer directly from Atlantic Bridge Exchange.
sulek@techcenter.infoBy post: Atlantic Bridge Exchange Ltd, Unity House, Suite 888, Westwood Park, Wigan WN3 4HE, England
Atlantic Bridge Exchange Ltd
Registered in England and Wales, company number 16995192.
Registered office: Unity House, Suite 888, Westwood Park, Wigan WN3 4HE, England