Technology, Media & Telecommunications Sector Legal Update

Thursday 26 May 2016

Programme

TMT legal updates and resources

Speak to our elexica team today

elexica is the award winning online legal resource from Simmons & Simmons, providing expert analysis and commentary on a wide range of legal and regulatory issues. You can receive TMT related articles, training videos, podcasts and details of upcoming events as well as get access to dedicated microsites which give specialist guidance on areas of law such as European Data Protection Regulation, the Unified Patent Court and the implications of a Brexit.

Materials from today’s sessions are available at elexica.com/tmt2016 and the elexica team will be available throughout the day to help you register and answer your questions.

elexica.com

Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated practices. Simmons & Simmons LLP is a limited liability partnership registered in England & Wales with number OC352713 and with its registered office at CityPoint, One Ropemaker Street, London EC2Y 9SS. It is regulated by the Solicitors Regulation Authority.

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Introduction

We are delighted to welcome you to our annual TMT training day. We have tried to pack today with as much interesting and up-to-the-minute training as possible, so as to ensure you get the best return on your time.

As well as addressing recurring but important topics like contract law or the conduct of investigations we try to also address some of the hot topics such as reforms to the EU data protection regime, cyber security and, of course, Brexit. These are important issues that require in-house lawyers to help their organisations navigate an uncertain legal and regulatory environment and assess and manage the risks that the organisation may face. We hope that these sessions provide you with practical guidance to help you with that challenging exercise.

Another important developing area is FinTech which you will see represented in a number of sessions during the day. I am delighted that we are able to welcome Alexa Von Tobel (Founder and CEO of Learnvest.com) to provide a keynote speech at out event. Alexa will provide great insight into the challenges and opportunities associated with setting up and building a successful FinTech company.

I am also delighted to be able to announce that we have today launched the Simmons & Simmons FinTech Fund. The fund is the first of its kind in the UK legal industry and is designed to help early stage FinTech businesses solve some of the difficult legal problems they often encounter at the infancy of their businesses. The firm has set aside £100,000 a year to help three or four exciting UK FinTech start-ups solve those problems through the provision of free of charge legal advice. Our vision is for the Simmons & Simmons FinTech Fund to help promising start-ups solve challenging legal or regulatory problems that could otherwise slow down their development or, in some cases, prevent them from getting off the ground at all.

We look forward to meeting with you either as part of the various sessions, during one of the breaks or lunch in our Ampersands restaurant or during the drinks reception at the end of the day in the third floor reception area.

If you have any questions, please ask any of our hosts or helpers.

Alexander BrownTMT Sector HeadT +44 20 7825 4954 M +44 7966 488 637alexander.brown@simmons-simmons.com

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Sessions

09:00 – 09:20 Registration

09:20 – 09:30 Welcome

09:30 – 10:30 Session one

Telecoms and Technology mergers: M&A and competition perspectives Lecture TheatreIn this session Mark Curtis, our head of International Corporate, and Peter Broadhurst, a partner in our European, Competition & Regulatory Group, will consider recent M&A activity in the TMT sector. They will consider some of the trends and drivers, as well as the growing significance of competition law as cause of delay and, ultimately, a threat to execution, with particularly regard to recent attempts at mobile consolidation. The session will provide a reminder of some of the practical consequences of competition law risk and the possible ways of managing and mitigating that risk.Mark Curtis, Peter Broadhurst

Assessing and addressing privacy compliance in light of the General Data Protection Regulation Large Function RoomThis session will provide an overview of the changes to European data protection requirements being introduced by the new EU General Data Protection Regulation. We will also cover how we believe companies ought to approach creating a data protection compliant organisation and what needs to be in their compliance “toolkit”.Alexander Brown, Christopher Götz

Navigating the regulatory landscape in relation to FinTech issuesRoom 34/35With new industry and business comes a new regulatory landscape. This session will examine the types of activity typically undertaken by Fintech businesses and assesses the applicable regulations, with a particular focus on:�� determining whether authorisation is required including the regulation of Peer-to-Peer lending, the new payment services directive (PSD2) and the FCA’s “Regulatory Sandbox”�� managing the pitfalls of being regulated including compliance with the UK and cross border jurisdictional regime and on-going dialogue with the FCA�� a review of the FCA’s enforcement regime, setting out the powers in the regulator’s toolkit as well as the possible enforcement changes around the corner.

Penny Miller, Sophie Lessar, Robert Allen

10:30 – 11:30 Session 2

Distribution in the New Digital World: the EU’s digital single market strategyLecture TheatreThis session discusses the key issues around the distribution of digital products in the EU, the latest on the European Commission’s initial findings on geo-blocking following a public consultation as part of its on-going e-commerce sector inquiry, and the competition law treatment of restrictions on on-line sales. The session will be delivered by members of the Simmons & Simmons European, Competition and Regulatory network and the Information, Communication and Technology group.Ajit Kainth, Peter Meyer, George Morris

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Internal investigations: A practical guide to conducting an investigation and dealing with the HR implications Large Function Room A discussion of the challenges faced by businesses conducting international investigations, including issues to consider at the outset, the dynamics of asserting or waiving privilege, practical tips for handling the investigation process, and dealing with employees.Nick Benwell, Andrea Finn, Stephen Moses

EU trade mark reforms: Practical implications – What you need to know and do Room 34/35The biggest reform to EU Trade Mark protection since the introduction of the Community Trade Mark in 1996 came into force on 23 March 2016. This session will explore some of the key areas of change and includes practical hints and tips aimed at highlighting aspects of registrability including the liberalisation of what is protectable, as well as increased protection against counterfeiters and potential reduction in defences to infringement.Frédérique Potin, Rebecca Heard, Adrian Dykes

11:30 – 12:00 Tea/Coffee break

12:00 – 13:00 Session 3

The Financial Services sector and the BlockchainLecture TheatreThis session discusses blockchain and its application to the financial services sector. For the uninitiated (or those too scared to ask) the session includes a user–friendly explanation of the origins of blockchain technology and how it works, along with an example of potential uses. It will also cover some of the considerations on using the technology from a legal and regulatory perspective. The session is delivered by industry participants, who will provide a first-hand view of the practical uses of the technology, and a Simmons & Simmons partner, who discusses the legal framework.Ian Wood, Hakim Mamoni of Coinsilium, Adi Ben-Ari of Tallysticks

How to get yourself sued and maximise your liabilityLarge Function RoomIn this session, Patrick and Paolo will look at several areas of contractual risk for technology companies, and give drafting tips to reduce those risks. The areas that this session will cover include “no oral variation” contractual clauses and liquidated damages/penalty clauses, as well as a tantalising foray into the world of economic torts.Patrick Boylan, Paolo Caldato

13:00 – 14:00 Lunch

14:00 – 15:00 Session 4

Managing open source to maximize opportunity and minimize compliance and security riskLecture TheatreTightening budgets and competitive pressures have many technology companies turning to open source software (OSS) to increase agility and accelerate innovation. However, a recent Gartner report states that 50% of companies will face challenges due to a lack of OSS policy and management. While OSS provides many competitive advantages, most technology companies are yet to uncover its full potential. Many have no strategy for optimizing development with OSS and often ignore or are unaware of the technical, business and legal challenges of multi-source development. Companies are similarly unaware that the OSS being used within their business environment and, in many cases, already

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contained within their own proprietary code, may be subject to a myriad of security vulnerabilities and exploits. Indeed, OSS governance has moved past traditional license compliance concerns and the focus on the secure use of OSS has moved front and centre.Matt Jacobs of Black Duck Software

Brexit – Implications for TMT companies Large Function RoomThis session will focus on the legal and regulatory implications of a Brexit on the TMT sector. We will look at what the process for Brexit is likely to be and what the potential outcomes could look like. We will also cover the potential impact of Brexit on key legal and regulatory areas such as intellectual property, competition law, TMT sector regulation and data protection.Charles Bankes, Alexander Brown, Rowan Freeland

15:00 – 16:00 Session 5

Deloitte TMT predictions 2016Lecture TheatreRegular contributor Paul Lee from Deloitte returns to share with us his predictions for what are likely to be the major growth areas in the TMT sector over the next 12 months. Paul Lee of Deloitte

Evolution in the Middle East: Iran, Saudi, Cyber, and the key areas of legal change affecting the TMT sectorLarge Function RoomRecent years have seen major change in the business environment in the Gulf Countries and Wider Middle East. This session will provide a brief overview of some of the legal consequences of the fundamental changes in the geo-political arena which have created new opportunities but also new legal risks for the TMT sector. The session will consider the impact of Iran’s seemingly inevitable emergence as an exciting new market as well as key trends in laws covering issues such as data protection, competition, employment and foreign direct investment which have a bearing on TMT businesses looking at the region.Raza Rizvi

16:00 – 16:30 Tea/Coffee break

16:30 – 17:30 Session 6

Cyber-security: When everything is connected, everyone is vulnerable?Lecture TheatreCyber security is making the headlines every day, with sometimes frightening tales of theft, compromise and vulnerability now widespread across the media. This presentation will look beyond the hype and explore perspective – something which may be getting lost in the noise. Just who is vulnerable, and from whom? More importantly perhaps, how can the cyber threat be managed and is it really all about complex technology?Seaton Gordon, Malcolm Taylor of G3

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Trends in digital healthLarge Function RoomDuring this session, Jocelyn and Paolo will take you on a whistle-stop tour of the digital health sector as it current stands – what digital health is, why it’s important, why investors should care, what Simmons & Simmons are seeing in the market-place and what the risks and challenges are, particularly for investors.Jocelyn Ormond, Paolo Caldato

Panel session: Open innovationRoom 34/35 Innovation strategy is now a boardroom agenda item. Increasingly the principle of “open innovation” forms part of that discussion. However, the term “open innovation” often means different things to different people even within the same organisation. This session will identify the commercial and legal benefits and risks of adopting an “open” innovation strategy, with input from a panel of experts who are involved in some of the UK’s leading open innovation projects.Angus McLean, Diana Paredes of Suade Labs, Andrew Dentice of Barclays, Maria Slowinska of Digital Catapult

17:30 – 18:15 Keynote speakerAlexa von Tobel, Building a FinTech success story and bringing financial planning to the massesLecture TheatreAlexa von Tobel, Founder / CEO of LearnVest and New York Times Bestselling author of Financially Fearless, will walk us through the story of building a fintech company to help people achieve financial security and be confident about their money. She’ll cover everything from why she was so passionate about financial planning, to getting her company off the ground, to LearnVest’s recent acquisition by Northwestern Mutual and the future of how they are bringing holistic financial advice to all Americans.Alexa von Tobel

18:15 Drinks and canapés Client Reception, Floor 3

As the FinTech sector continues to grow rapidly in the

UK, a number of legal risks are emerging which market

participants will need to address. This event, part of

London Technology Week, will cover a number of the

areas in which these risks lie as specialist lawyers from

different disciplines provide an overview of the issues

faced and how to overcome these.

Date: Wednesday 22 June

Time: 18:00 – 19:30 followed by networking drinks

Location: Simmons & Simmons, CityPoint, EC2Y 9SS

This is a registration only event.

Sign up at elexica.com/events

Seminar: The fast emerging legal risks of the FinTech boom

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Speakers

Robert AllenPartnerT 44 20 7825 4852E robert.allen @simmons-simmons.com

Charles Bankes PartnerT 44 20 7825 4774E charles.bankes @simmons-simmons.com

Nick BenwellPartnerT 44 20 7825 4236E nick.benwell @simmons-simmons.com

Patrick BoylanPartnerT 44 20 7825 3553E patrick.boylan @simmons-simmons.com

Peter BroadhurstPartnerT 44 20 7825 3374E peter.broadhurst @simmons-simmons.com

Alexander Brown TMT Sector HeadT 44 20 7825 4954E alexander.brown @simmons-simmons.com

Paolo CaldatoManaging AssociateT 44 20 7825 4621E paolo.caldato @simmons-simmons.com

Mark Curtis PartnerT 44 20 7825 4734E mark.curtis @simmons-simmons.com

Special thanks to our guest speakers

Adi Ben-AriTallysticks

Andrew Dentice Barclays

Matt Jacobs Black Duck Software

Paul Lee Deloitte

Hakim Mamoni Coinsilium

Diana Paredes Suade Labs

Maria SlowinskaDigital Catapult

Malcolm TaylorG3

Alexa von TobelLearnVest

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Adrian DykesAssociateT 44 20 7825 4102E adrian.dykes @simmons-simmons.com

Andrea FinnPartnerT 44 20 7825 3915E andrea.finn @simmons-simmons.com

Rowan FreelandPartnerT 44 20 7825 4447E rowan.freeland @simmons-simmons.com

Seaton GordonSupervising AssociateT 44 20 7825 3957E seaton.gordon @simmons-simmons.com

Christopher GötzCounsel / RechtsanwaltT 49 89208077 63 32E christopher.goetz @simmons-simmons.com

Rebecca HeardSupervising Trade Mark AttorneyT 44 20 7825 4414E rebecca.heard @simmons-simmons.com

Ajit KainthSupervising AssociateT 44 20 7825 4556E ajit.kainth @simmons-simmons.com

Sophie LessarManaging AssociateT 44 20 7825 4051E sophie.lessar @simmons-simmons.com

Angus McLean PartnerT 44 20 7825 4142E angus.mclean @simmons-simmons.com

Peter MeyerPartnerT 49 211 47053 18E peter.meyer @simmons-simmons.com

Penny Miller PartnerT 44 20 7825 3532E penny.miller @simmons-simmons.com

George MorrisManaging AssociateT +44 20 7825 4046E george.morris @simmons-simmons.com

Stephen MosesPartnerT 44 20 7825 4151E stephen.moses @simmons-simmons.com

Jocelyn OrmondPartnerT 44 20 7825 2041E jocelyn.ormond @simmons-simmons.com

Frédérique PotinAssociate / Avocat à la CourT 33 1 53 29 16 40E frederique.potin @simmons-simmons.com

Raza Rizvi Managing AssociateT 971 4 7096 634E raza.rizvi @simmons-simmons.com

Ian WoodPartnerT 852 25838 316E ian.wood @simmons-simmons.com

8

Notes

TMT Sector Legal Update 2016

Agenda

Timings Sessions

09:00-09:30 Registration and breakfast

09:30-09:35 Introduction

09:35-10:30

Assessing and addressing privacy compliance in light of the General Data Protection Regulation Large Function Room

Telecoms and technology mergers: M&A and competition perspectives Lecture Theatre

Navigating the regulatory landscape in relation to FinTech issues Room 34/35

10:30-11:30Distribution in the new digital world: The EU’s digital single market strategy Lecture Theatre

EU trade mark reforms: Practical implications – What you need to know and doRoom 34/35

Internal investigations: A practical guide to conducting an investigation and dealing with the HR implications Large Function Room

11:30-12:00 Coffee

12:00-13:00 How to get yourself sued and maximise your liabilityLarge Function Room

The Financial Services sector and the BlockchainLecture Theatre

13:00-14:00 Lunch

14:00-15:00 Brexit updateLarge Function Room

Managing open source to maximize opportunity and minimize compliance and security risk Lecture Theatre

15:00-16:00 Deloitte’s TMT predictions 2016Lecture Theatre

Evolution in the Middle East: Iran, Saudi, Cyber, and the key areas of legal change affecting the TMT sectorLarge Function Room

16:00-16:30 Coffee

16:30-17:30 Trends in digital health Large Function Room

Cyber-security: When everything is connected, everyone is vulnerable? Lecture Theatre

Panel session: Open innovation Room 34/35

17:30-18:15 Networking drinksClient Reception, Floor 3

Keynote speaker: Alexa von Tobel, Building a FinTech success story and bringing financial planning to the massesLecture Theatre

18:15 onwards Networking drinksClient Reception, Floor 3

elexica.com is the award winning online legal resource of Simmons & Simmons

© Simmons & Simmons LLP 2016. All rights reserved, and all moral rights are asserted and reserved. This document is for general guidance only. It does not contain definitive advice. SIMMONS & SIMMONS and S&S are registered trade marks of Simmons & Simmons LLP.

Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated practices. Accordingly, references to Simmons & Simmons mean Simmons & Simmons LLP and the other partnerships and other entities or practices authorised to use the name “Simmons & Simmons” or one or more of those practices as the context requires. The word “partner” refers to a member of Simmons & Simmons LLP or an employee or consultant with equivalent standing and qualifications or to an individual with equivalent status in one of Simmons & Simmons LLP’s affiliated practices. For further information on the international entities and practices, refer to simmons-simmons.com/legalresp

Simmons & Simmons LLP is a limited liability partnership registered in England & Wales with number OC352713 and with its registered office at CityPoint, One Ropemaker Street, London EC2Y 9SS. It is authorised and regulated by the Solicitors Regulation Authority. A list of members and other partners together with their professional qualifications is available for inspection at the above address.

simmons-simmons.comelexica.com@SimmonsLLP

9

TMT Sector Legal Update 2016

Agenda

Timings Sessions

09:00-09:30 Registration and breakfast

09:30-09:35 Introduction

09:35-10:30

Assessing and addressing privacy compliance in light of the General Data Protection Regulation Large Function Room

Telecoms and technology mergers: M&A and competition perspectives Lecture Theatre

Navigating the regulatory landscape in relation to FinTech issues Room 34/35

10:30-11:30Distribution in the new digital world: The EU’s digital single market strategy Lecture Theatre

EU trade mark reforms: Practical implications – What you need to know and doRoom 34/35

Internal investigations: A practical guide to conducting an investigation and dealing with the HR implications Large Function Room

11:30-12:00 Coffee

12:00-13:00 How to get yourself sued and maximise your liabilityLarge Function Room

The Financial Services sector and the BlockchainLecture Theatre

13:00-14:00 Lunch

14:00-15:00 Brexit updateLarge Function Room

Managing open source to maximize opportunity and minimize compliance and security risk Lecture Theatre

15:00-16:00 Deloitte’s TMT predictions 2016Lecture Theatre

Evolution in the Middle East: Iran, Saudi, Cyber, and the key areas of legal change affecting the TMT sectorLarge Function Room

16:00-16:30 Coffee

16:30-17:30 Trends in digital health Large Function Room

Cyber-security: When everything is connected, everyone is vulnerable? Lecture Theatre

Panel session: Open innovation Room 34/35

17:30-18:15 Networking drinksClient Reception, Floor 3

Keynote speaker: Alexa von Tobel, Building a FinTech success story and bringing financial planning to the massesLecture Theatre

18:15 onwards Networking drinksClient Reception, Floor 3

elexica.com is the award winning online legal resource of Simmons & Simmons

© Simmons & Simmons LLP 2016. All rights reserved, and all moral rights are asserted and reserved. This document is for general guidance only. It does not contain definitive advice. SIMMONS & SIMMONS and S&S are registered trade marks of Simmons & Simmons LLP.

Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated practices. Accordingly, references to Simmons & Simmons mean Simmons & Simmons LLP and the other partnerships and other entities or practices authorised to use the name “Simmons & Simmons” or one or more of those practices as the context requires. The word “partner” refers to a member of Simmons & Simmons LLP or an employee or consultant with equivalent standing and qualifications or to an individual with equivalent status in one of Simmons & Simmons LLP’s affiliated practices. For further information on the international entities and practices, refer to simmons-simmons.com/legalresp

Simmons & Simmons LLP is a limited liability partnership registered in England & Wales with number OC352713 and with its registered office at CityPoint, One Ropemaker Street, London EC2Y 9SS. It is authorised and regulated by the Solicitors Regulation Authority. A list of members and other partners together with their professional qualifications is available for inspection at the above address.

simmons-simmons.comelexica.com@SimmonsLLP

Quick reference guide to the TMT Sector Legal Update sessions

© Simmons & Simmons LLP 2016. All rights reserved, and all moral rights are asserted and reserved. This document is for general guidance only. It does not contain definitive advice. SIMMONS & SIMMONS and S&S are registered trade marks of Simmons & Simmons LLP.

005 tmt sector legal update 2016 PROGRAMME

TMT Team of the YearLegal Business Awards 2015

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