• At Kemp Little, we are known for our ability to serve the very particular needs of a large but diverse technology client base. Our hands-on industry know-how makes us a good fit with many of the world's biggest technology and digital media businesses, yet means we are equally relevant to companies with a technology bias, in sectors such as professional services, financial services, retail, travel and healthcare.
  • Kemp Little specialises in the technology and digital media sectors and provides a range of legal services that are crucial to fast-moving, innovative businesses.Our blend of sector awareness, technical excellence and responsiveness, means we are regularly ranked as a leading firm by directories such as Legal 500, Chambers and PLC Which Lawyer. Our practice areas cover a wide range of legal issues and advice.
  • Our Commercial Technology team has established itself as one of the strongest in the UK. We are ranked in Legal 500, Chambers & Partners and PLC Which Lawyer, with four of our partners recommended.
  • Our team provides practical and commercial advice founded on years of experience and technical know-how to technology and digital media companies that need to be alert to the rules and regulations of competition law.
  • Our Corporate Practice has a reputation for delivering sound legal advice, backed up with extensive industry experience and credentials, to get the best results from technology and digital media transactions.
  • In the fast-changing world of employment law our clients need practical, commercial and cost-effective advice. They get this from our team of employment law professionals.
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  • We have an industry-leading reputation for our outsourcing expertise. Our professionals deliver credible legal advice to providers and acquirers of IT and business process outsourcing (BPO) services.
  • We work alongside companies, many with disruptive technologies, that seek funding, as well as with the venture capital firms, institutional investors and corporate ventures that want to invest in exciting business opportunities.
  • Our regulatory specialists work alongside Kemp Little’s corporate and commercial professionals to help meet their compliance obligations.
  • With a service that is commercial and responsive to our clients’ needs, you will find our tax advice easy to understand, cost-effective and geared towards maximising your tax benefits.
  • At Kemp Little, we advise clients in diverse sectors where technology is fundamental to the ongoing success of their businesses.They include companies that provide technology as a service and businesses where the use of technology is key to their business model, enabling them to bring their product or service to market.
  • We bring our commercial understanding of digital business models, our legal expertise and our reputation for delivering high quality, cost-effective services to this dynamic sector.
  • Acting for market leaders and market changers within the media industry, we combine in-depth knowledge of the structural technology that underpins content delivery and the impact of digitisation on the rights of producers and consumers.
  • We understand the risks facing this sector and work with our clients to conquer those challenges. Testimony to our success is the continued growth in our team of professionals and the clients we serve.
  • We advise at the forefront of the technological intersection between life sciences and healthcare. We advise leading technology and data analytics providers, healthcare institutions as well as manufacturers of medical devices, pharmaceuticals and biotechnological products.
  • For clients operating in the online sector, our teams are structured to meet their commercial, financing, M&A, competition and regulatory, employment and intellectual property legal needs.
  • Our focus on technology makes us especially well positioned to give advice on the legal aspects of digital marketing. We advise on high-profile, multi-channel, cross-border cases and on highly complex campaigns.
  • The mobile and telecoms sector is fast changing and hugely dependent on technology advances. We help mobile and wireless and fixed telecoms clients to tackle the legal challenges that this evolving sector presents.
  • Whether ERP, Linux or Windows; software or infrastructure as a service in the cloud, in a virtualised environment, or as a mobile or service-oriented architecture, we have the experience to resolve legal issues across the spectrum of commercial computer platforms.
  • Our clients trust us to apply our solutions and know-how to help them make the best use of technology in structuring deals, mitigating key risks to their businesses and in achieving their commercial objectives.
  • We have extensive experience of advising customers and suppliers in the retail sector on technology development, licensing and supply projects, and in advising on all aspects of procurement and online operations.
  • Our legal professionals work alongside social media providers and users in relation to the commercial, privacy, data, advertising, intellectual property, employment and corporate issues that arise in this dynamic sector.
  • Our years of working alongside diverse software clients have given us an in-depth understanding of the dynamics of the software marketplace, market practice and alternative negotiating strategies.
  • Working with direct providers of travel services, including aggregators, facilitators and suppliers of transport and technology, our team has developed a unique specialist knowledge of the sector
  • Your life as an entrepreneur is full of daily challenges as you seek to grow your business. One of the key strengths of our firm is that we understand these challenges.
  • Kemp Little is trusted by some of the world’s leading luxury brands and some of the most innovative e-commerce retailers changing the face of the industry.
  • HR Bytes is an exclusive, comprehensive, online service that will provide you with a wide range of practical, insightful and current employment law information. HR Bytes members get priority booking for events, key insight and a range of employment materials for free.
  • FlightDeck is our portal designed especially with start-up and emerging technology businesses in mind to help you get your business up and running in the right way. We provide a free pack of all the things no-one tells you and things they don’t give away to get you started.

ICO Issues Record Fine against TalkTalk following Hacking of Customer Data

On 5 October 2016 the Information Commissioner’s Office (ICO) ordered the telecoms group TalkTalk to pay a fine of £400,000. The fine was issued as a result of a data breach that took place between the 15 and 21 of October 2015 when hackers accessed the company’s customer data.  The attack compromised the personal information of 156,959 TalkTalk customers, including their names, addresses, dates of birth, phone numbers and email address.

The hackers were able to access the data via three vulnerable webpages that were part of an old infrastructure that was inherited by TalkTalk as part of an acquisition in 2009. TalkTalk did not know that the database software was outdated and that it was no longer supported by the provider because it failed to scan it properly. The relevant software was affected by a bug which enabled the hackers to bypass access restrictions, however, an easy fix would have been available.

The ICO’s investigation concluded that these failures by TalkTalk, which led to the data breach, constituted a breach by TalkTalk of the Seventh Principle of the Data Protection Act (DPA) because it did not have in place appropriate security measures to protect the personal data for which it was responsible.

The £400,000 fine is the largest fine ever issued by the ICO, which at present has the ability to issue fines as high as £500,000.  

Kemp Little’s Head of Data Protection & Privacy, Nicola Fulford, was in attendance when the fine was announced by the Information Commissioner, Elizabeth Denham.  Denham indicated that “TalkTalk’s failure to implement the most basic cyber security measures allowed hackers to penetrate TalkTalk’s systems with ease.”  She emphasised that although hacking is not defensible, it "is not an excuse for companies to abdicate their security obligations”. “TalkTalk should and could have done more to safeguard its customer information. It did not and we have taken action” she added.[1]

The fine is a clear signal by the ICO that the onus is on businesses to take greater steps to protect their customers’ personal data. According to Denham, the record fine represents a “warning to others that cyber security is not an IT issue, it is a boardroom issue” and represents a “duty to their customers.”

It should be noted that the ICO’s investigation into TalkTalk’s data breach was specifically regarding whether or not it breached the DPA only. A separate criminal investigation is also currently being conducted.

For an analysis of the report by the UK’s Culture, Media and Sport Committee on the TalkTalk data breach, which preceded the issuance of the ICO fine, please refer to an article by Kemp Little’s experts Nicola Fulford, Partner and Head of Data Protection and Privacy and Emma Wright, Commercial Technology Partner, entitled “Report into TalkTalk breach highlights security concerns” originally published in E-Commerce Law and Policy in July 2016, and available here.


[1] https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2016/10/talktalk-gets-record-400-000-fine-for-failing-to-prevent-october-2015-attack/.

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