• 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.

The draft ePrivacy Regulation: 10 things you need to know

On 10 January 2017 the European Commission published its draft Regulation on Privacy and Electronic Communications (the ePrivacy Regulation), which is intended to replace the existing ePrivacy Directive (Directive 2002/58/EC). Here are 10 things you need to know about the ePrivacy Regulation:

  1. Regulation not a Directive – like the General Data Protection Regulation (GDPR), as a Regulation it will be directly applicable across all of the EU, meaning that there will be one uniform set of rules across all Member States - there’s no scope for Member States to vary the terms of the ePrivacy Regulation locally.
  2. Interoperability with the GDPR – it relies on many of the definitions in the GDPR. Security obligations are now dealt with in the GDPR (and no longer separately addressed in the ePrivacy Directive). The ePrivacy Regulation covers more than just personal data processing and so goes beyond the GDPR to guarantee the confidentiality and integrity of users' devices (i.e. laptop, smartphone, tablets).
  3. More businesses caught – it will apply to all providers of electronic communications services, publically available directories and software providers permitting electronic communications. This means that ‘over-the-top’ web service providers such as WhatsApp, Facebook Messenger, Skype, Gmail, iMessage, and Viber, as well as traditional telecoms companies, will all need to comply. This is designed to level the playing field (as the ePrivacy Directive only applied to telecoms companies).
  4. Extraterritoriality – it covers electronic communications data processed in connection with the provision and use of electronic communications services to end-users within the EU - so the provision of an electronic communications service from outside the EU to an individual in the EU will be covered.
  5. Consent – it requires that consent be necessary to access information on a user's device (“terminal equipment”), as well as for the use of more privacy-intrusive cookies or other technologies to access information stored on computers or to track online behaviour. It’s been clarified that such consent may be obtained using technical/browser settings (instead of using banners / pop-ups), provided that the higher standards set out in the GDPR are met. This means that consent will only be valid if individuals have a genuine and free choice and are able to refuse or withdraw their consent without detriment.
  6. Simplified cookies rules – it confirms that consent will not be needed for non-privacy intrusive cookies improving internet experience (e.g. cookies needed to remember shopping cart history, for filling in online forms over several pages, or for the login information for the same session). Cookies set by a visited website counting the number of visitors to that website will also no longer require consent.
  7. Spam and direct marketing – it stipulates that Users will need to give consent before unsolicited commercial communications are addressed to them, regardless of the technology used.
  8. Privacy by design – in line with the GDPR, privacy by design is a key feature in the ePrivacy Regulation and many companies will need to make changes to comply. For example anonymisation is mandated where personal data is not needed to provide a service, and software permitting electronic communications will need to tell users about the privacy settings options upon installation and require users to make a selection (for software that is already installed, this will need to be implemented on the first update and no later than 25 August 2018).
  9. Enforcement – For consistency, Data Protection Authorities in Members States will be responsible for enforcing the ePrivacy Regulation.
  10. Fines – it operates in line with GDPR with potential fines increasing to up to EUR20 million or 4% of worldwide turnover, whichever is the greater.

It’s intended that the ePrivacy Regulation will apply from 25 May 2018 - the same date from which the GDPR will apply. It should though be noted that the draft Regulation is likely to be amended whilst it makes its way through the EU’s legislative process.

Contact our experts for further advice

Calum Murray, Krysia Oastler