• 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.

ISO 27018 - A new cloud privacy standard

Late in 2014, the International Standards Organization (ISO) published a new voluntary standard – ISO 27018 – covering the processing of personal data in the cloud. Although this recent development passed mostly unnoticed by the technology press, the new cloud standard provides a useful privacy compliance framework for cloud services providers that addresses key processor obligations under EU data protection laws.

The new standard is a direct response to one of the EU regulators’ key aims to introduce an auditable compliance framework for cloud services providers to promote trust and the rapid adoption of cloud computing in all sectors of the economy in order to boost productivity (see the European Commission’s 2012 European Cloud Computing Strategy).

ISO 27018 builds on existing information security standards (in particular ISO 27002 which sets out general information security principles), but is tailored to cloud services, specifically public cloud service providers. ISO 27018 is the first privacy-specific international standard for the cloud and seeks to create a common set of security categories and controls that can be implemented by a public cloud computing service provider acting as a data processor. The aim of ISO 27018 is to help public cloud service providers comply with applicable obligations when acting as a data processor and be transparent to their cloud service customers.

It is clear that much of the content of the ISO 27018 is based on current EU data protection law and many of the obligations mirror those which data controllers and processors are obliged to adhere to.  Specifically, the standard requires cloud providers to, among other things:

  • only process personal data in accordance with the customer’s instructions;
  • only process personal data for marketing or advertising purposes with the customer’s express consent;
  • be transparent around the use of sub-processors (which will include providing the names of, and any possible locations where the data may be processed by, any sub-processors);
  • ensure that staff who have access to personal data enter into confidentiality agreements and receive appropriate staff training;
  • make required disclosures to law enforcement authorities and/or regulators only when legally bound to do so;
  • assist cloud customers to comply when individuals assert their access rights; and
  • help cloud customers comply with their notification obligations in the event of a data breach.

The standard does go slightly further and addresses more procedural aspects by ensuring that cloud providers implement policies for the return, transfer or disposal of personal data to customers, for example, at the points when the service comes to an end, and subject their services to independent information security reviews at scheduled intervals (or at points when significant processing changes occur).

In the selection of a cloud service provider it is important for a customer to find one that will meet its legal obligations. ISO 27018 can help as it provides an auditable standard for cloud service providers who process personal data – an auditor can check and issue a compliance certificate. In addition, audited compliance to this standard could be written into the cloud contract.  ISO 27018 does therefore appear to provide a practical base from which to start creating confidence that the players in the cloud industry deal with the personal data they process properly. 

The release of ISO 27018 follows the regulatory trend in cloud computing of the gradual shift from legislative solutions to industry standardisations so as to mitigate against legislation lagging behind developments in technology innovation. Standardisation appears to be possible as some key cloud players in the United States and Europe have already announced their plans to certify their cloud services with ISO 27018, but it remains to be seen if others will follow in their steps and whether ISO 27018 will become a true privacy differentiator in the cloud space and achieve its potential to benefit the cloud customers and providers alike.

For more information, please contact Lee Rubin.