Data Protection & Privacy

Almost all businesses need to be concerned about how they capture and use personal data. This is particularly so for businesses operating via global networks. These businesses need to understand and comply with applicable data protection and privacy laws in order to validly carry on their business. This is especially true in relation to the transfer of personal data.

Whilst data protection law is a key aspect in advising on how data can be gathered, used and held by businesses, it must also be considered in the context of wider rights and obligations. For this reason, our commercial lawyers provide specialist and in-depth advice on all aspects of privacy, confidentiality, trade secrets, legal privilege, copyright and database rights and network and information security. We also work closely with our clients to ensure that they are properly registered and comply with the relevant regulations as well as understand and recognise the value of data as a material asset of their business.

We regularly advise on the general principles of data protection as well as providing more comprehensive advice on day-to-day issues such as compliance, international data transfers, data storage, data use, online conduct, and data security.

We have notable experience and expertise in a number of industry sectors including technology, telecommunications, sport, media and e-commerce. However, we recognise that data protection and privacy impacts and influences all of our practice areas.  As such we take a multi-disciplinary approach to advising our clients on these matters, helping them to achieve a compliant and effective solution to data usage and management.

Representative Data Protection & Privacy Work

Examples of our team’s data protection & privacy work include:

  • Advised a listed document storage company on compliance and related risks associated with the transfer of personal data to an Indian subcontractor (processing the data).
  • Advised a company on the related risks and compliance requirements in connection with its online forum and user generated content.
  • Advised an equipment management company on data compliance, data storage and data protection matters relating to its contracts with NHS bodies.
  • Advised a data centre and hosted service provider on data protection issues associated with the storage of credit card details.
  • Advised numerous eGaming platform providers on end user data protection and privacy issues and data transfer controls.
  • Advised on the scoping and creation of data protection policies and strategies for a well-known online comparison website.

Key contacts:

Photo of Kelly Whitfield

Kelly Whitfield

Partner Corporate and Commercial
Work 37-41 Bedford Row London WC1R 4JH United Kingdom Tel: +44 (0) 20 7611 2303

Biography

The Legal 500 - The Clients Guide to Law FirmsKelly is an experienced corporate and commercial lawyer with broad transactional expertise in a wide range of sectors.  Kelly provides advice on all aspects of private company mergers, acquisitions, investments and disposals acting for both buyers and sellers and has experience in working in, amongst others, the transport, property investment and management, media and advertising, manufacturing and health care sectors.

Kelly also handles certain financing arrangements, including debt/equity conversions, convertible loan note and invoice discount financing and advises on a broad spectrum of commercial contracts, including complex manufacturing and distribution agreements, white label licensing agreements, shareholders’ agreements and limited liability partnership arrangements.

Another area of Kelly’s expertise is employee benefits, in particular share schemes (both HMRC approved and unapproved schemes) where she has spent much time developing this area of practice around the concept of using an analytical approach to create effective business solutions for clients that genuinely contribute to improved performance across their business.  Together with the rest of the employment team, Kelly works with our clients to fund cost reductions, ways to improve motivation and performance and attain staff retention targets through arrangements such as share option schemes, flexible working and salary sacrifice schemes.

Representative Experience

Kelly has:

  • acted as one of the lead advisors on the acquisition by Metroline Limited (a wholly owned subsidiary of ComfortDelGro Corporation) of 31 bus routes operated from five separate bus depots in West London from First Group plc for a consideration of £57.5 million
  • advised on a complex joint venture arrangement between two significant healthcare providers collaborating to provide comprehensive specialist treatments to patients at single geographical locations
  • acted as the lead corporate advisor on a complex restructuring and refinancing of an extensive London based property holding and management business for a family owned and managed enterprise
  • acted for the trustees of a significant London based property portfolio on its restructuring from a trust arrangement into a limited liability partnership structure
  • advised on the sale of a corporate entity operating a central London based hotel
  • acted on the investment into a successful South Kensington based patisserie venture

Kelly also leads our Corporate Social Responsibility team which is comprised of people from all aspects of the firm creating an enthusiastic and imaginative team of people that are passionate about making a difference in the community.  Kelly and the CSR team have been involved in baking cakes, rowing dragon boats and painting walls to name just a few of the activities that the firm has been involved with recently.

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37-41 Bedford Row London WC1R 4JH United Kingdom