• 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.

Information Commissioner's Office releases new code of practice

On 7 October 2016, the Information Commissioner’s Office (ICO) released a new code of practice in respect of privacy notices (the Code), with the aim of improving transparency and ensuring fairness for individuals when organisations are collecting their personal data.

There are 5 key areas of emphasis emerging from the Code and the ICO recommends organisations take these into account when drafting new privacy policies, or amending their current privacy policies:

  1. Content - An ‘off-the-shelf’/‘one-size fits all’ privacy policy is not endorsed. Organisations should develop bespoke policies relevant to the data being collected and their intended audience. The Code encourages organisations to map out how information is processed in order to be able to provide individuals with sufficient detail to be informed of how the organisation will use their data. The ICO acknowledges that drafting privacy notices broadly can allow for development in the way a business uses personal data and encourages businesses to align their privacy policies with their house style and approach.
  1. Consent – The Code includes further guidance on obtaining and recording consent from individuals (when consent is being used as a basis for processing) and some examples of good practices, including some standard wording for seeking consent for direct marketing, which has helpfully been tested on members of the public.
  1. Control - Individuals should be given more control in the management of their personal data, including how it will be used.  The ICO advocates use of a privacy dashboard to enable users to indicate their agreement to particular types of data processing or sharing, and to allow users to change these settings at any given time.
  1. Communication – How and when a business communicates its privacy notice is a core part of the Code. The ICO encourages businesses to be innovative and not use a single document when other methods of communication would be more effective (some examples are provided). Clear and simple language should also be used (which is not always easy when complex technologies and processes are being used).
  1. Consultation - Before rolling out a new privacy policy, organisations should seek the input of its intended audience to test the effectiveness of the policy. This helps the organisation to test: (i) whether individuals understand the policy; (ii) if it is clear and appropriate to the audience; and (iii) whether it contains any errors.

The Code also includes a privacy notice checklist covering key points to help ensure business draft notices effectively.

Compliance with the approach and good practice recommendations in the Code will help organisations to meet the enhanced privacy notice requirements set out in the General Data Protection Regulation (GDPR). Although organisations will still need to include further information in their privacy notices (listed in the GDPR section of the code/Articles 13 and 14 of the GDPR) to fully comply. The Information Commissioner has said it is extremely likely that the GDPR will start to apply before Britain leaves the European Union and, in any event, businesses will need to comply to do business in the EU.

According to an ICO survey conducted earlier this year, only one in four adults trust businesses with their personal data. Businesses clearly have a lot of work to do to build customer trust and transparency is an excellent starting point. For more information on how we can help you craft an innovative, GDPR-compliant privacy notice, please contact a member of our team.

Contact our experts for further advice

Chris Benn