Research

Concept and Meaning of Research in the Legal Context

The term “Research” (in German: Recherche or Forschung) refers in the legal context to the systematic collection, evaluation, documentation, and analysis of information to clarify or prepare legal issues. Research encompasses activities aimed at gathering information for legal advice, decision-making, litigation preparation, or legislation. Research is conducted both in the private and public sectors and is applied in various areas of law.

Types of Legal Research

1. Legal Research

Legal Research refers to the targeted search for and evaluation of statutes, regulations, administrative acts, court judgments, scholarly publications, and other relevant sources. The following tasks are central:

• Identification of Relevant Legal Sources: Identifying and evaluating statutes, regulations, and directives at the national and international levels.
• Analysis of Case Law: Examination and classification of relevant court decisions to interpret unclear legal norms.
• Identification of Literature and Commentaries: Researching scholarly articles, monographs, and commentaries to support legal assessment.

Practical Relevance

Legal research is particularly the foundation for thorough legal assessments and expert opinions in casework, contract drafting, litigation, and compliance reviews.

2. Factual Research

In addition to examining legal sources, research often refers to the collection and verification of facts. Factual research includes, for example:

• Establishing the Facts: Obtaining documents, files, correspondence, and other evidence.
• Background Checks: Reviewing companies, organizations, and individuals as part of due diligence and KYC processes (“Know Your Customer”).
• Market Analyses and Economic Information: Collecting corporate data, commercial register excerpts, annual financial statements, and other relevant market- or industry-specific information.

Relevance in the Legal Field

Factual research is particularly important in business law, corporate law, labor law, tax law, and criminal law, for example, to uncover cases of fraud or to vet business partners.

Legal Framework for Research Activities

1. Data Protection and Research

When conducting research, compliance with data protection requirements must be ensured. In particular, in connection with personal data, the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) apply. Key requirements include:

• Legal Basis for Data Processing: Processing of personal data as part of research requires a statutory basis or the consent of the data subject.
• Observance of Information Obligations: Information rights and transparency obligations towards data subjects must be upheld.
• Protection and Security Measures: Technical and organizational measures must be taken to ensure the security of the data collected.

2. Copyright Limits

Research often touches upon copyright provisions, especially when accessing published and unpublished works:

• Use of Databases and Sources: Many databases and publications are copyright protected; use requires a license agreement or statutory authorization.
• Right of Quotation: Quoting copyright-protected content is permissible for research purposes under the limitations set by law (§ 51 UrhG), provided the origin and source are clearly indicated.
• Reproduction Rights: Reproduction, distribution, or public access to content generally requires express permission.

3. Professional Law Aspects and Confidentiality Obligations

Legal service providers must observe specific professional requirements. In the context of research activities, the following applies:

• Maintaining Confidentiality Obligation: Mandate-related information obtained in the course of research is subject to strict confidentiality requirements.
• Distinction of Permitted and Prohibited Legal Services: The activity of information gathering must comply with the requirements of the Legal Services Act (RDG) and professional regulations.

4. Limits in Criminal Law and Competition Law

Research can become a criminal matter if prohibited methods are used to obtain information, such as:

• Violation of Trade and Business Secrets: Unauthorized obtaining or disclosure of confidential data is punishable under the Act on the Protection of Trade Secrets (GeschGehG).
• Violation of Competition Law: Unfair procurement practices, such as exploiting confidential knowledge or intentional deception, are prohibited under the Act Against Unfair Competition (UWG).

Procedures and Methods of Legal Research

1. Researching Primary and Secondary Sources

Legal research distinguishes between primary sources (statutes, judgments) and secondary sources (commentaries, articles). The systematic use of both types of sources is necessary for a final legal assessment.

2. Research Techniques and Tools

Common research techniques include:

• Online Databases: Legal information systems (e.g., Beck-Online, juris).
• Library Services: Use of university or state legal libraries.
• Official and Register Inquiries: Obtaining official information.

3. Documentation and Proof

Traceability of results is a basic requirement for the admissibility of research. References, citations, and documentation obligations must be met.

Significance of Research for Jurisprudence and Legislation

Research plays a decisive role in the development of jurisprudence and in the creation and review of statutory regulations. Legislative activities rely on comprehensive situation and impact assessments as well as international legal comparisons, which are determined within the framework of research processes.

Particularities in the International Context

In addition to national regulations, cross-border matters require consideration of foreign and international legal systems as well as multinational treaties. Research activities then require consideration of foreign-language sources, international case law, and international treaties.

Summary

Research in law is an indispensable tool for gathering and assessing information, and is of considerable practical and legal importance. It is governed by numerous statutory requirements, especially in data protection, copyright, professional law, and competition law, and requires careful and methodologically sound execution. In the international context, the demands for the correct selection and evaluation of sources increase even further. Compliance with legal requirements is essential for both the quality and the lawful execution of research.

Frequently Asked Questions

What legal requirements must be considered when conducting research in a corporate context?

In a corporate context, research is subject to numerous statutory requirements, particularly in terms of data protection, competition law, and copyright. First, it must be ensured that, when collecting and processing personal data—for example, in the context of market, user, or employee surveys—the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) are observed. There must be a legitimate purpose, data minimization must be ensured, and data subjects must be transparently informed about the type and purpose of data processing. Furthermore, obtaining informed consent—which may be withdrawn at any time—is required unless another legal basis applies. When researching information about competitors, the Act Against Unfair Competition (UWG) must be observed: Prohibited are, for example, obtaining trade secrets by prohibited means (§ 17 UWG) or misleading actions. When using copyright-protected content, the Copyright Act (UrhG) applies, especially regarding the limitations on the quotation right (§ 51 UrhG) and usage rights. Employees conducting research should sign a confidentiality agreement; compliance guidelines must be taken into account. For international research activities, country-specific regulations also apply.

What special considerations apply when handling personal data in the context of research?

If personal data is collected, processed, or used during research, strict legal requirements must be observed to protect the rights of the individuals concerned. Processing is only permitted if based on a legal basis, typically consent under Art. 6(1)(a) GDPR or for the fulfillment of a legitimate interest. Data subjects must be informed about their rights, in particular the right to information, correction, deletion, and objection. A processing directory must be maintained; data protection impact assessments may be required. Data security must be ensured through technical and organizational measures. If processing is performed by third parties (processors), an appropriate contract must be concluded in accordance with Art. 28 GDPR. Transfers to third countries outside the EU are only permitted if Chapter V of the GDPR is observed. Violations may lead to fines and claims for damages.

Is it permitted to conduct research on competitors without restrictions?

No, research on competitors is subject to numerous legal restrictions. The Act Against Unfair Competition (UWG) and the Act on the Protection of Trade Secrets (GeschGehG) are especially relevant. Information that is publicly accessible or obtained from generally available sources may generally be used. However, spying, deceitfully obtaining, or unlawfully disclosing business and trade secrets—especially through deception, bribery, or unauthorized access to IT systems (§ 17 UWG, §§ 4 et seq. GeschGehG)—is prohibited. Targeted poaching of employees to gain know-how can also be impermissible. The same applies to commissioning third parties to use illegal research methods (agents, detective agencies). Legitimate secondary research—such as evaluating annual reports, public registers, or official company disclosures—is permitted.

What copyright aspects must be considered when using sources in research?

Within the framework of research, copyright-protected works such as texts, images, graphics, or software may not simply be copied or further processed. The Copyright Act (UrhG) stipulates certain protected areas and usage rights. Use of original works is only permissible if one holds their own usage rights, has a license, there is a statutory exception (such as the right of quotation under § 51 UrhG), or the work is in the public domain. Particularly when reproducing larger text passages, illustrations, or databases, a copyright review is necessary. When quoting, only as much as is necessary should be used, and the source must always be correctly identified. Independent academic evaluations and analyses may themselves be protected by copyright (§ 4 UrhG). Violations can result in cease-and-desist and damages claims. For international sources, the respective national copyright law must be observed.

What role does labor law play in research conducted within the framework of an employment relationship?

All research activities conducted in connection with an employment relationship are subject to the relevant employment law regulations. Research findings and work results are generally subject to the so-called ’employer’s right to inventions,’ i.e., results belong to the employer unless otherwise contractually agreed. Employees are obliged to maintain confidentiality regarding internal research results; violations can result in labor law consequences up to summary dismissal. Further requirements regarding, for example, publications, use of company resources, or data protection may be set forth in collective agreements, works agreements, or individual employment contracts. The works council’s co-determination right may apply when introducing new research software or workflows, for example, for performance and behavior monitoring, pursuant to § 87(1) No. 6 BetrVG. It must also be noted that special protection mechanisms pursuant to § 26 BDSG apply when processing employees’ personal data.

Are there legal limitations when obtaining information from the internet for research purposes?

Obtaining freely available information from the internet is generally permitted unless there are opposing protective rights or specific statutory prohibitions. However, the use of content is often subject to copyright restrictions. Websites may contain terms of use or copyright notices that prohibit copying, storing, or further processing. In particular, the personal rights of authors of social media and forum posts must be respected; personal data may only be used within the framework of legal regulations. So-called “scraping” (automated extraction) can also cause legal issues, especially if large amounts of data are extracted or protective measures are bypassed. In specific industries, special laws (e.g., § 111 TKG for telecommunications data) can regulate information collection. Under competition law, targeted retrieval of competitor data for competitive purposes must be examined (keyword: obstruction and unfair surveillance).

What legal requirements apply to international research, especially regarding data transfer?

International research is subject to complex statutory requirements, especially in the area of data protection and data transfer to third countries. When personal data is transferred out of the EU, the provisions of the GDPR—especially Chapter V—are strictly to be observed. This means that the recipient country must provide an adequate level of data protection (adequacy decision of the EU Commission), or suitable safeguards, such as standard contractual clauses, binding corporate rules, or the explicit consent of the data subject, must be in place. In addition, it must be assessed whether national export control regulations, e.g., for sensitive technologies, or state secrecy regulations are affected. In many countries, there are also specific reporting or approval obligations, for example, for research results with dual-use character or in cooperation with local research institutions. Copyright and competition law differences between legal systems must be carefully considered, for example, regarding open access or publication rights.