• 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.

GDPR adopted by EU: key points

The European Parliament has today adopted the text of the General Data Protection Regulation (“GDPR”). This marks the beginning of the end for the GDPR’s lengthy legislative process which began with the EU Commission’s original proposal in January 2012. The GDPR will be translated into the EU’s official languages prior to publication in the Official Journal, and will take effect two years following the date of publication, and so is likely to come into force some time in the summer of 2018.

The text of the GDPR as published by the Council of the EU is available here. The key features of the text have not changed significantly since the compromise text was agreed by the “trilogue” in December 2015.

Despite a number of high profile events and cases occurring during the GDPR’s legislative life-span, including the PRISM revelations, right-to-be-forgotten cases and the Schrems judgment with the resulting EU-US Privacy Shield, the text and structure of the GDPR still bear resemblance to the Data Protection Directive 95/46/EC (the “Directive”) albeit with a number of headline changes, summarised below.

  • Fines: The maximum fines under the GDPR will be up to EUR 20 million or 4% of annual worldwide turnover, whichever is the greater. This is a stark increase on the current maximum fine of £500,000 under the Data Protection Act 1998 which implemented the Directive in the UK.
  • Extra-territoriality: Firms offering goods or services to EU residents or monitoring their behaviour will need to comply with the GDPR, regardless of whether the firm is based in the EU.
  • Data processor liability: The GDPR introduces data processor liability for certain data protection requirements, including data security, sub-processing, record keeping and data breach notifications, among others.
  • Lead authority: The GDPR aims to increase harmonisation across the EU for data protection and includes a mechanism for national supervisory authorities to co-operate in order to provide a “one-stop-shop” for businesses.
  • Data breach reporting: Data controllers must report data breaches to their supervisory authority without undue delay and, where feasible, not later than 72 hours after having become aware of it.
  • Transparency and data protection by design: The GDPR introduces new principles of “data protection by design” and “data protection by default” which expand on the Directive’s principles that data processing should be adequate, relevant and not excessive, encouraging “pseudonymisation” and “data-minimisation”.
  • Others: Further changes include a requirement for more information to be provided to data subjects by data controllers in their fair processing notices, a stricter definition of consent, enhanced rights and remedies for data subjects, a requirement to implement data protection by design and by default in IT projects, updates to subject access requests and the requirements in relation to international transfers and mandatory appointment of data protection officers for organisations processing sensitive personal data or monitoring data subjects

It is worth noting that, in the event of a vote for the UK to leave the EU in the referendum on 23 June 2016, the impact of the GDPR may be reduced, although many UK firms are likely to be caught by the extra-territoriality requirement and will therefore need to comply with the GDPR regardless of the outcome of the referendum. For more information on the impact of Brexit on data protection, see our article on Data Privacy, Brexit and a British Bill of Rights, available here.

For further information please contact Nicola Fulford or Michael Butterworth. 

 
 

Contact our experts for further advice

Nicola Fulford