• 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.
  • Our team of leading IP advisors deliver cost-effective, strategic and commercial advice to ensure that your IP assets are protected and leveraged to add real value to your business.
  • Our litigation practice advises on all aspects of dispute resolution, with a particular focus on ownership, exploitation and infringement of intellectual property rights and commercial disputes in the technology sector.
  • 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.

Brexit White Paper: the Roadmap for Brexit

Yesterday, the Government published its white paper (The United Kingdom’s exit from and new partnership with the European Union) setting out the 12 principles which will guide the withdrawal from the EU.  Purporting to confirm Theresa May’s “vision of a truly independent, truly global UK and an ambitious future relationship with the EU”, the document is – unsurprisingly – aspirational in its view of how the Government will be seeking to structure and negotiate the UK’s departure from the Union.  As such, there is little of substance, at this stage, for technology lawyers like us to really sink their teeth into. If you want to get ahead of Brexit with our AI-driven contract analysis tool, click here.

The Government's white paper does contain a number of matters of note for UK businesses:

  • Section 1 (Providing certainty and clarity) re-confirms that the Government intends to introduce a Great Repeal Bill, which will be included in the next Queen's Speech and introduced to Parliament in May or June 2017. This bill will remove the European Communities Act 1972 from the statute book and convert existing EU law into domestic law. This is intended to provide UK businesses with legal certainty going forward – essentially the same rules and laws will apply the day after Brexit, as they did before, wherever practical and appropriate. Whilst this clarity will be welcomed, it should be noted that the Government states that rules will not change “significantly” overnight: it will therefore be important to monitor developments over the next 2 years, in particular the publishing of the white paper on the Great Repeal Bill, to identify any changes of note.
  • Section 4 focuses on protecting the Common Travel Area, and confirms that the Government aims to maintain a “seamless and frictionless a border as possible between Northern Ireland and Ireland”. No further substantive detail is provided, other than to confirm that the Government will work hard to ensure that it finds “shared solutions” to “economic challenges” and to “maximise the economic opportunities for both the UK and Ireland”.
  • Section 5 considers likely approaches to immigration once the Free Movement Directive no longer applies to the UK.  The Government recognises that this is a complex area, and has undertaken to ensure that businesses will have the opportunity to provide their views before any final decision is made.  The white paper acknowledges that a phased implementation of any new arrangements may be appropriate to allow businesses and individuals time to adjust.  Section 6 focuses on the related theme of how best to secure the status of the 2.8 million EU citizens currently living in the UK, and the 1 million UK nationals who are long-term residents.  The Government regards this as an early priority as part of the overall negotiations, highlighting as an example the importance of access to healthcare for EU citizens in the UK and vice versa.
  • Section 7 (Protecting workers’ rights) sets out the Government’s commitment to an ongoing protection of worker rights.  The white paper highlights a number of areas in which domestic UK legislation already goes beyond the legal minimum required by EU law, including annual leave, maternity leave and pay, and parental leave.  The Government does not envisage any immediate changes as a result of the UK leaving the EU, but refers to an independent review of employment practices in the modern economy and a green paper on corporate governance, both of which are currently underway.
  • Section 8 (Ensuring free trade with European markets) highlights the importance of the UK’s financial services and other business services sectors in terms of their export value.  The charts contained within the section give a clear indication of such services being central to any trade arrangement with the EU; in 2015, UK exports of financial services to the EU accounted for over £22 billion while exports of other business services were even greater.  No wonder the white paper states that the Government will be aiming for “the freest possible trade” in services (whether business or financial) between the UK and EU member states.
  • Withdrawal from the single market would almost certainly result in UK firms losing the right to offer financial services across the EU by "passporting" into EU states. The white paper acknowledges that UK firms benefit from the passport regime and pledges that the Government "will seek to establish strong cooperative oversight arrangements with the EU". Presumably this means that the UK will seek to take advantage of the existing third country equivalence regimes in EU legislation; however these relate only to some (wholesale) financial services. Therefore any arrangement in relation to the majority of financial services will need to be agreed as part of the negotiations between the UK and the EU. Further details may be provided in the forthcoming white paper on the Great Repeal Bill.
  • The Government recognises that a high quality, stable and predictable regulatory environment is important, especially around data transfers in the FS, tech and energy sectors which the government intends to maintain. Digital Economy Minister Matt Hancock MP reiterated the Government’s commitment to the implementing the General Data Protection Regulation earlier in the week, as it is considered to be a robust piece of legislation facilitating unhindered data flows.
  • Focus is also placed on ensuring that the UK will “remain at the forefront of collective endeavours to better understand, and make better, the world in which we live” (a somewhat grandiose way of emphasising support for UK innovation and technology).  Little further information is given on how the Government proposes to achieve this (other than a wish to continue to collaborate with European partners on science and technology initiatives), but the ambition to “do more to commercialise the world-leading ideas and discoveries made in Britain” will certainly be something to watch – especially given the difficulties growing UK tech business can face in raising UK capital.   
  • It has been cited by Brexit supporters that one of the key benefits of leaving the EU will be the UK regaining its ability to strike free trade agreements with other countries (a practice currently prohibited by virtue of its membership of the EU). The white paper is, unsurprisingly, keen to emphasise that, whilst the EU remains an “important” trading partner of the UK, other global markets such as Asia and the Americas are of increased importance to the UK’s economic prosperity. Whilst commentators will no doubt disagree as to the level of likely opportunity afforded by these new markets, the key point is that the UK will not be able to agree new trade deals until it has left the EU, even if the white paper correctly points out that a level of preparatory work can be undertaken at this stage. 

In respect of the UK’s membership of the WTO, the white paper reconfirms that the UK will be establishing its own WTO schedules in goods and services at the WTO, so that UK businesses have clarity around the terms of their access to overseas markets around the world, post Brexit. The aim is to broadly replicate the UK’s current position as an EU member state. 

Contact our experts for further advice

Kathryn Dooks, Tania Williams, Andrew Joint, Nicola Fulford, Andy Moseby