• 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.

New deal between the EU and US to establish a data protection framework for sharing personal data for law enforcement purposes

It was today announced by the EU Commissioner, Vera Jourova, that the US and EU have reached an agreement (known at the “Umbrella Agreement”) on the protection of personal data shared for law enforcement purposes. Even though the terms of the “Umbrella Agreement” have been finalised and the agreement has been initialled, it won’t be signed until the bill extending the US Privacy Act 1974 has been formally adopted.

The EU and the US have been negotiating the terms of the Umbrella Agreement that seeks to protect personal data exchanged between transatlantic police and judicial authorities, as well as companies and law enforcement authorities, in the course of criminal investigations, for over four years. It has been reported that the negotiations had stalled because the US was not offering rights for non-resident EU citizens to obtain redress from US courts if their personal data has been misused or unlawfully disclosed by US authorities.

While the Umbrella Agreement is not yet available for review, the European Commission has confirmed that it will cover all personal data, which we assume to mean personal data as defined in the EU Data Protection Directive (Directive 95/46/EC) and thus would include names, addresses and criminal records. The Commission has made it clear that the Umbrella Agreement will stipulate that the US authorities can only use this personal data for the purposes of preventing, investigating, detecting or prosecuting criminal offences – no further processing is permitted. This term of the Umbrella Agreement seeks to replicate the EU data protection principles of not holding excessive amounts of data and not using data for purposes other than for what it is collected for. Additionally if the US wishes to transfer the personal data of an EU citizen to another country, it must seek the consent of the law enforcement authority in the EU that originally transferred the data to the US. It is worth emphasising that the US authority does not require the consent of the data subject, just the consent of the EU law enforcement agency.

The major change being brought about by the Umbrella Agreement is that EU citizens will now have the ability to enforce certain data protection rights in the US courts, regardless of whether they reside in the US or not. Currently if the personal data of an EU citizen is transferred to a US law enforcement agencies and the data is incorrectly or unlawfully processed, the EU citizen not residing in the US would not be able to seek redress from US courts. Given that US citizens have similar rights to EU citizens in the EU courts, there is an inherent unfairness in the current system. The Umbrella Agreement aims to rectify this by requiring the extension of the US Privacy Act 1974 to allow EU citizens the right to bring an action in the US courts if the US authority has denied access, rectification or unlawfully disclosed the personal data of a non-resident EU citizen. The bill amending the Privacy Act 1974 was put before US Congress on 18 March and once the bill has been adopted, the Umbrella agreement will be formally signed and concluded.

We are yet to see how the Umbrella Agreement will apply in practice, but we imagine that the key outcome of the Umbrella Agreement will be for a number of EU citizens whose personal data has been transferred to US authorities to be requiring that those authorities delete that data if incorrectly held or correct that data if the data is inaccurate. 

For further information please contact Nicola Fulford.