Technology regulation

<p>The primary focus of Toby’s work is on technology, communications and outsourcing projects where he has acted on both the client and supplier side in sectors such as financial services, telecommunications, healthcare, manufacturing, insurance and life sciences. Toby also advises on other complex commercial transactions and he has particular expertise on deals involving the use and exploitation of technology and intellectual property.</p> <p>Toby’s recent work includes:</p> <ul> <li>Leading international outsourcing deals (covering North America, Europe and Asia-Pacific operations) for clients in the UK, the US and the EU.</li> <li>Advising on the rollout of innovative “alt-net” fibre broadband networks.</li> <li>The acquisition of software, telecoms and fintech businesses and counselling targets and buyers on regulatory, IP and commercial risks.</li> <li>The use of emerging technologies (including AI and open source software) by regulated clients.</li> <li>The development and deployment of innovative “green-tech” and fintech solutions.</li> </ul> <p>Toby has also gained in-depth experience of advising clients on procurement strategies (eg supplier selection, pricing models and performance incentive mechanisms) and has spent time in-house with a large IT services company, an international telecommunications provider, and a mobile telecommunications company.</p> <p>Toby is a Trustee of the UK’s Society for Computers and Law and lectures widely on IT, e-commerce, cloud computing, agile software development and outsourcing including at ITechLaw, UCL and QMUL.</p> <p> </p> <p> </p>

<p>Marc helps clients to evaluate and manage data protection and cyber risk in cross-border compliance programs, in technology projects involving the development of machine learning/artificial intelligence, Internet of Things, cloud applications, in life sciences and medical device projects covering healthcare apps, remote diagnostics, clinical trials and investigations and genomic research, and in the financial services sector across the lifecycle of product development and FinTech applications.</p> <p>Marc also advises on cyber security incidents, and regulatory investigations and disputes involving data protection, misuse of private information and breaches of confidentiality, and has experience of devising voluntary redress schemes for individuals affected by such misuse or breaches.</p> <p>In the area of digital regulation, Marc assists clients to navigate the EU’s digital services legislative framework, advising amongst others on the Data Act, the DSA, NIS2, DORA and related legislation.</p> <p>Some of Marc’s work highlights include:</p> <ul> <li><strong>Defending</strong> a global advertising technology platform <strong>against proceedings</strong> brought by a leading privacy campaigner for alleged breaches of GDPR i<strong>n the field of real time bidding.</strong></li> <li>Advising on numerous <strong>cyber incidents</strong>, with a sector focus advising banks, law firms and barristers chambers on <strong>responding to incidents</strong> and on <strong>subsequent investigations and enforcement action</strong> by data protection authorities.</li> <li><strong>Defending</strong> a leading global advisory services firm against threatened <strong>SLAPP proceedings</strong> and advising them on numerous <strong>subject access requests.</strong></li> <li>Advising <strong>providers and deployers of AI</strong>, including a sector focus in <strong>HR</strong>, advising international leadership consulting firms on the <strong>development of AI</strong> in the field of recruitment and performance management.</li> <li>Defending a multinational <strong>data analytics and consumer credit reporting </strong>company in <strong>enforcement proceedings</strong> brought by the <strong>ICO.</strong></li> <li> Advising firms in the life sciences and healthcare sectors on the full range of GDPR issues in their sector, including research institutions on <strong>anonymised data</strong>, pharmaceutical companies on <strong>medical research and clinical trials</strong>, medical device companies on development of devices, an NGO in the field of <strong>vaccine development against pandemics</strong>, and a global leading university on <strong>Freedom of Information</strong> and on <strong>international data transfers.</strong></li> <li>Advising <strong>banks in the UK, EU and Middle East</strong> on data transfer impact assessments, the adoption of <strong>cloud</strong>, <strong>AI customer service operations</strong> and <strong>anti-fraud technologies.</strong></li> <li>Advising <strong>technology suppliers</strong> on the development and supply of technologies with a particular focus on <strong>EU ePrivacy</strong> rules and their intersection with the GDPR.</li> <li>Advising a <strong>Chinese FinTech</strong> on GDPR compliance in the development of its <strong>AML solutions</strong> for banks.</li> <li>Supporting a leading <strong>global car manufacturer </strong>on its <strong>connected vehicle strategy.</strong></li> <li>Advising a <strong>FTSE100 retailer</strong> on a range of GDPR compliance issues.</li> <li>Defending firms in several sectors against <strong>noyb</strong> complaints.</li> <li>Supporting our <strong>Corporate and Medical Regulatory teams</strong> on data protection due diligence on a range of <strong>mid-tier acquisitions and disposals</strong>.</li> <li>Advising an <strong>MVNO</strong> on its obligations under <strong>UK interception of communications legislation</strong> and on a range of GDPR issues.</li> <li>Supporting a <strong>multinational commodities company</strong> on its end-to-end GDPR compliance programme.</li> <li>Developing <strong>BCRs</strong> for a global <strong>management consulting and technology firm.</strong></li> </ul> <p>Marc advises on both UK and EU law, covering GDPR, the Data Protection Act 2018 and the ePrivacy Directive, the Network and Information Systems Regulations including NIS2, DORA and the Cyber Resilience Act, the Digital Services Act, the EU AI Act and the EU Data Act, the Freedom of Information Act and Environmental Information Regulations, the Investigatory Powers Act and the data protection and security aspects of financial services legislation and regulation (such as PSD2 and the SYSC rules in the FCA Handbook).</p> <p>Marc is a member of the International Association of Defense Counsel, International Association of Privacy Professionals and ITech Law.</p> <p>Marc has a good working knowledge of German and Swedish.</p>

<p>Vik specialises in all aspects of commercial technology law. He regularly leads complex and strategic technology projects, including:</p> <ul> <li>digital transformation</li> <li>IT outsourcing</li> <li>business process outsourcing</li> <li>cloud implementations</li> <li>technology platform roll-outs</li> <li>application design and build</li> <li>other projects involving the use or exploitation of IP, data and technology</li> </ul> <p>Vik regularly advises clients on <a href="https://www.bristows.com/expertise/sectors/artificial-intelligence/">artificial intelligence</a> and machine learning, ranging from some of the world’s leading developers on their AI product launches, through to sophisticated users in life sciences, financial services and the public sector seeking to implement AI in a responsible and compliant way.</p> <p>He is also the co-lead of our digital health business, co-ordinating teams of Bristows specialists to help growing healthtech businesses as well as large pharma, medical device and public health organisations leverage new technologies to deliver better health outcomes.</p> <p>In addition, Vik is the host of our popular technology law podcast, <a href="https://bristowstheroadmap.buzzsprout.com/">The Roadmap</a>, each month diving into the digital transformation trends that are re-shaping modern businesses.</p> <p>Recent projects Vik has led include:</p> <ul> <li>The launch of an artificial intelligence product designed to transform scientific research and result in significant medical breakthroughs in coming years.</li> <li>Two of the UK’s biggest fintech infrastructure programmes, including new payments networks and digital currencies.</li> <li>A £1bn global customer operations outsourcing involving cutting-edge robotic process automation technology.</li> <li>An agile software development project relating to critical national infrastructure.</li> <li>A core banking platform design, build and implementation project.</li> <li>A collaboration to roll-out a carbon emissions tracking platform to help the energy industry reduce greenhouse gas emissions and meet sustainability goals.</li> </ul> <p>Vik is an Officer of the Technology Committee at the International Bar Association, and is the Vice-Chair of the Technology Transactions Group at the Society for Computers & Law.</p>