• 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.

Gambling Advertising: The Gambling Commission's revised enforcement strategy

The spotlight continues to fall on gambling advertising. All operators must comply with licence conditions and codes of practice which require them to make clear any conditions which apply to promotions and to comply with the Advertising Standards Authority’s CAP and BCAP codes of practice. Recent rulings by both the Gambling Commission and the Advertising Standards Agency (ASA) have made clear that compliance is an issue for both gambling operators and their affiliates and marketing agencies.

In May, BGO Entertainment was fined £300,000 for adverts which were found to be potentially misleading as they failed to make clear the conditions surrounding promotions. The fine related not only to adverts on BGO’s own website, but also to adverts which had appeared on its affiliates’ websites. BGO’s failure to take effective action to address these breaches of its licence raised doubts about its suitability to carry out its licensed gambling activities.

In February, the ASA upheld a compliant about a Lottoland radio advert which failed to make clear to players that they were betting on the outcome of lotteries, rather than participating in a lottery. In June the Gambling Commission also fined Lottoland £150,000 for failing to make this distinction clear in its third party marketing, website and social media promotions. The distinction is important because part of the proceeds of a lottery must go to good causes.

These advertising rules aren’t new – but the Gambling Commission’s approach to enforcement perhaps is. In its “Raising Standards” conference in November 2016, the Commission stressed that advertising was a focus area, operators are responsible for their affiliates’ actions, and the Commission was ready to take action, and it repeated this message at the ICE gambling expo in February.

On 5 July the Gambling Commission published its revised enforcement strategy which confirms the approach we are already seeing in practice. Three key points are:

  • The Commission will use all its enforcement powers – there is no longer a bias towards settlement, so licence reviews are more likely.
  • Consumers must be treated fairly, and advertising is a key part of this.
  • Penalties are likely to be higher, particularly for repeated failures.

The ASA published a short guide to key CAP Code requirements for gambling adverts on 21 July, and guidance on the Gambling Commission requirements is also available on the Commission’s website. It’s not only the Gambling Commission and the ASA who are interested – the Information Commissioner’s Office is concerned to ensure that marketing by operators and their advertisers complies with privacy rules. A key area for concern is whether recipients of marketing material have given the necessary consent - and requirements for consent are going to get tighter when the EU General Data Protection Regulation comes into effect in May 2018.

It is also critical that advertising meets social responsibility obligations. Gambling adverts must not be sent to under 18s (under 16s for lottery adverts), or to anyone who has self-excluded. Targeting an advert may be critical to its compliance. In May, a Ladbrokes advert using an image of Iron Man and referring to the film Iron Man 3 was found not to be irresponsible because, although the Iron Man character was likely to appeal to under-18s, the offer was sent only to people who had been validated as being over 18.

The recent decisions and enforcement strategy make clear that affiliate breaches of advertising or privacy rules may result in an operator being fined and, potentially, even losing its gambling operating licence. Gambling operators, and their affiliates, are expected to learn from the experiences of others. Operators will want to prevent their affiliates putting them in breach, and a right to compensation for loss incurred if they do. Affiliates will similarly want to know that the operator’s marketing material will not cause the affiliate a problem. Both parties will need a mechanism for ensuring that marketing lists are checked against self-exclusion lists and other targeting criteria. 

Contact our experts for further advice

Susan Biddle