• 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.

Maintaining standards

The advertising of gambling continues to be in the spotlight. Recently there have been a number of rulings from both the UK Advertising Standards Authority and the Gambling Commission as the thorny issue of advertising gambling continues to cause concern for regulators.

Earlier this year, BGO Entertainment was hit with a hefty penalty from the Gambling Commission, the body that regulates commercial gambling in Great Britain in partnership with licensing authorities.

BGO was fined £300,000 for misleading advertisements about promotions that failed to comply with Licence Conditions and Codes of Practice social responsibility requirements. Among other things, the LCCP require that adverts and offers, including “free bet” offers, do not mislead customers and clearly state significant limitations and qualifications.

This responsibility doesn’t stop there − the LCCP requirements extend to all areas of marketing including social media and make operators responsible for third parties contracted to provide any aspect of the operator’s regulated business, which includes marketing afiliates and advertising networks.

None of this is new. The free−bets provision was introduced in 2015 and specific social media requirements were introduced into the IGRG Code for Socially Responsible Gambling in February, 2016, (although the code of the Committees of Advertising Practice − the “CAP code” − already applied to social media). But what has perhaps changed is the Gambling Commission’s approach to enforcement.

At its Raising Standards conference last November, the commission gave a clear indication that marketing was a focus area, there was particular concern about the behaviour of some afiliates, and the commission was ready to take action. The commission repeated this message at ICE Totally Gaming at ExCeL in London in February and, on July 5, following consultation, published its revised enforcement strategy.

This makes clear there is no longer a bias in favour of settlement, so making licence reviews more likely, and introduces higher penalties for non−compliance particularly where there are repeated failings.

The BGO action was the first example of this approach, with the fine relating to nine advertisements on its own website and 14 on afiliates’ websites. BGO’s breaches of the social responsibility code − and its repeated failure to take timely and effective action to address these issues when raised by the commission − cast doubt on BGO’s suitability to carry on its licensed activities.

Hot on the heels of the BGO fine, a second illustration of the commission’s new approach is Lottoland’s £150,000 fine in June for its own, and its afiliates’, actions. The LCCP requires operators to comply with the CAP and (for broadcast advertising) BCAP codes of practice administered by the ASA.

In February, the ASA upheld a complaint against a Lottoland radio ad on the grounds that it failed to make clear to players that they were betting on the outcome of lotteries, rather than participating in a lottery, and the Gambling Commission found the same issue occurred in Lottoland’s third−party marketing, website and social media promotions. In Great Britain, lotteries differ from other gambling products as part of the proceeds must go to good causes, so the distinction is particularly important.

Marketing materials must not be likely to be of particular appeal to under−18s, especially by reflecting or being associated with youth culture. In particular, operators must not include a child or a young person (under 18) in marketing communications, and anyone who is − or seems to be − under 25 years old must not be featured gambling or play a significant role in the marketing material (with a limited exception for 18 to 24 year olds who are the subject of the bet − such as young sports players).

Use of comic−book characters and superheroes can be problematic unless the audience for such advertisements is strictly controlled. In August, 2016, the ASA found an email advertisement for Ladbrokes casino featuring Iron Man to be socially irresponsible but recently reversed this ruling on appeal on the basis the recipients of the email had all been validated as being over 18.

Additionally, under a new condition introduced in October, 2016, gambling operators must ensure that they do not advertise on websites “providing unauthorised access to copyright content”. Again, operators are responsible for their afiliates: they must take all reasonable steps to ensure that their marketing and media agencies do not place their advertisements on such websites, and must reserve the right to terminate the appointment if an agency does so.

All operators in the gambling industry looking to avoid the attention of the regulator are expected to take heed of all advertisingƒ marketing rules set out by the authorities and to learn from the experiences of others such as BGO and Lottoland.

The gambling industry is extremely competitive and with operators looking for any possible advantage, there’s perhaps a natural temptation for operators and their marketing agencies to push the boundaries. But operators also have a social responsibility and the commission is clearly keen that operators put the consumer first, and take the initiative in relation to social responsibility rather than merely complying with the strict regulatory requirements.

With competition intense, one thing that definitely won‘t help operators is falling foul of the rules around advertising, so this is an area that requires close attention.

This article first appeared in niNTERGAMINGi Magazine. You can view the original article here.

Contact our experts for further advice

Susan Biddle