FinTech

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.

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Dedicated professionals ready to assist you.

Cesare McArdle PNG
Cesare McArdle
Partner, Commercial & Construction
Mark Chapman PNG
Mark Chapman
General Counsel, Head of Commercial & Regulatory
Rhian Hazeldene PNG
Rhian Hazeldene
Solicitor, Commercial

Financial Technology (better known as FinTech) describes new technology that improves and automates the delivery and use of financial services. This amalgamation has revolutionised how Financial Services are accessed, used and delivered.

Whilst FinTech companies have a keen understanding of both the financial and technological realms, the legal complexities linked to this merger can be daunting.

As experienced lawyers, Herrington Carmichael will provide invaluable legal guidance to support and assist you with compliance with regulatory requirements, data and Intellectual Property (IP) protections together with drafting and negotiating contracts for FinTech operations. In the event of disputes, our Dispute Resolution Team aim to resolve conflicts efficiently through our dispute resolution strategies.

Our Commercial Contract lawyers will assist you in negotiating and drafting agreements which will safeguard your interests whilst establishing or maintaining partnerships with banks, financial institutions, technology providers and third-party service providers.

There are numerous applicable regulations from multiple authorities such as Financial Conduct Authority (FCA), Prudential Regulation Authority (PRA), Payment Systems Regulator (PSR) and others. Furthermore, FinTech companies will also have to adhere to Anti-Money Laundering (AML), Know Your Customer (KYC) and data protection regulations like GDPR.

Our experienced lawyers will make you aware of compliance and regulatory laws and potential implications, ensuring that your company adheres to regulatory requirements in this evolving space.

FinTech companies handle vast amounts of sensitive financial and personal data and are required to strictly adhere to the data protection laws. Furthermore, if there are cross-border data flows, additional mechanisms will need to be put in place to ensure compliance.

Our Data Protection lawyers provide expert advice to FinTech companies on all aspects of data protection and privacy matters including data protection breaches and complaints, possible security breaches and data protection procedures.

Due to their nature, FinTech companies are vulnerable to cyber threats and fraud. Our Commercial Team have advised FinTech companies on measures that can be implemented to reduce exposure to these risks.

If the worst is to happen and you suffer a cyber attack, you need responsive expert legal advice to help guide the legal and regulatory environment associated with such attacks.

We work closely with FinTech companies to help them negotiate the journey all the way from start-up through to eventual exit. We serve both established and emerging participants in this space, providing transactional, regulatory and strategic advice to private equity and venture capital firms, asset managers and funds, broker-dealers, banking institutions, start-up companies, lending platforms, payment companies, trading systems, technology companies, financial services providers, virtual currency companies, and card issuers and networks.

Our award-winning, multidisciplinary legal services include:

  • Bespoke commercial contracts
  • Data protection reviews/audits and advisory
  • Regulation
  • Protection of IP
  • Employee Incentives
  • Investments
  • M&A

Securing trademarks, copyrights and trade secrets require specialist legal advice where there are innovative technologies, software or unique business models. We therefore utilise technical expertise with legal acumen to help FinTech companies protect, manage and maximise the value of their intellectual property effectively.

Our Dispute Resolution lawyers cover a full range of disputes from the complex and high value to the more modest. We represent clients in the courts, arbitration tribunals and use alternative procedures, including mediation, to resolve disputes.

Our Dispute Resolution team can support you with:

  • Contract Disputes
  • Data Protection Breach
  • Land & Property Disputes
  • Intellectual Property Disputes
  • Professional Negligence
  • Debt Recovery

Key contact

Sarah-Jervis-PNG
Sarah Jervis
Solicitor, Private Wealth & Inheritance

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Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

  • FinTech company replacing a core technology provider. We advised and negotiated a license to a technology platform by providing inter alia, robust protection regarding our client’s data and ensuring key provisions were included regarding service levels.
  • Drafted SaaS and reseller agreements for technology provider to FinTech and financial services companies.
  • Drafting SaaS agreements, end user license agreements and reseller agreements for FinTech provider providing services to banks and other financial institutions.

We offer a financial services law retainer providing a quarterly compliance update emails on relevant topics, provision of 2 training sessions on relevant topics and up to 5 hours ad hoc financial services law advice per month.

Whilst the legal agreements needed vary significantly from company to company, generally most companies would need terms of supply. This may be SaaS agreements, end user licence agreements or potentially reseller agreements.

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