Pádraig Walsh

Partner

 

Pádraig joined the firm in 2018 and is a partner in the Corporate and Commercial department and the TMT practice of Tanner De Witt. Pádraig has been practising as a lawyer over two decades. Legal 500 Asia Pacific 2020 notes: “Pádraig Walsh is particularly knowledgeable about various subsets of the technology sector, including fintech, biotech, insurtech, edutech and cleantech.”

Pádraig’s practice focuses on TMT work. He has represented suppliers and providers within all verticals of the technology sector and also all businesses in respect of their technology needs. He advises on the full range of common issues including licensing, technology procurement and integration, subscription service arrangements, digital asset commercialisation, data protection, cyber, and venture capital and corporate transactions. He is a member of the Fintech Association of Hong Kong, ITechLaw, and Chair of PrivacyRules.

Technology corporate

Pádraig advises on venture capital equity and debt financings, leading on investment negotiations and completion, and preparing documents to implement deal terms. He also advises on the range of common issues for emerging companies, such as corporate structuring, equity incentive plans, and corporate governance. He represents both investors, strategics, and founders.

Pádraig also advises companies of all sizes on mergers and acquisitions, corporate restructurings, and joint ventures, and advises clients on investment structures and regulatory and governance issues for investments into a range of asset classes.

Technology transactions

Pádraig has deep experience in the commercial and business issues that technology businesses face and has advised clients extensively on addressing and resolving those issues. He has advised a number of clients on legal issues relating to software development and licensing, technology outsourcing arrangements and general commercialisation of technology (including online e-commerce).

Data privacy, governance and management

Pádraig has a particular interest in data protection and has advised clients on the requirements in Hong Kong on collection, use, processing, transfer, storage and deletion of personal data. He has assisted clients to prepare privacy and transfer impact assessments and processes and to respond to regulatory enquiries. Pádraig also advises on cyber and advises on legal and compliance issues in response to data breaches.

Pádraig is the main contact at Tanner De Witt in respect of PrivacyRules, an international alliance of privacy experts that combines legal, cyber and data related expertise to assist clients globally with a multi-disciplinary and multilingual approach. Pádraig also chairs PrivacyRules. Pádraig is a member of the Data Protection Substantive Law Committee of iTech Law. Pádraig has been accredited by the International Association of Privacy Professionals (IAPP) as both a Certified Information Privacy Professional/Asia (CIPP/A) and a Certified Information Privacy Manager (CIPM).

Digital services and fintech regulation

Pádraig’s practice also includes assisting clients on regulatory and compliance issues when developing and deploying technology in financial services. His experience in this area has enabled him to advise clients on a number of innovative and complex fintech projects. He is at the forefront of advising on legal issues for emerging businesses using blockchain technology. This has included regulatory advice in relation to token sale offerings, security token offerings, stable coin listings and tokenisation of equity and fund interests. Pádraig has significant experience advising on the regulation of payment processing.

Pádraig is a Notary Public.

 

 

Technology corporate

  • Advising the founders of Bowtie Life Insurance on the conclusion of its investment round with Sun Life.
  • Advising a Hong Kong financial services platform on preparing documentation for its Series A investment round. Documentation included term sheet, investment agreement, subscription and shareholders agreement, articles of association and approval documents. This is one example of many investment round transactions on which we have advised.
  • Advising a Hong Kong-based, venture capital backed accelerator programme on the funding arrangement for operating its accelerator programme.
  • Advising a large European insurance administrator on its acquisition of a south-east Asian InsurTech platform, and the arrangements with its founders (who will remain with the target company) going forward.
  • Advising numerous business in the technology sector on the structuring of equity incentive plans, including restricted share plans, share option plans, stock appreciation rights and notional unit schemes.

Technology transactions

  • Advising on service level agreements and outsourcing arrangements in respect of tech refurbishment services for second hand sale of electronic devices.
  • Advising on rights to technology in the context of a business separation and asset transfer of an online gambling business, including technology cross-licensing arrangements.
  • Advising an online delivery solutions business on its strategic partnership in Singapore for the design, development and commercialisation of a proprietary system of mail delivery.
  • Advising on and drafted terms of use for the online sales of products and services for numerous businesses in the technology sector.

Data privacy, governance and management

  • Advising on various transfer impact assessments to assess Hong Kong for the purposes of data importation from the EEA.
  • Advising on various privacy impact assessments in respect of introduction of business projects using personal data (including sensitive personal data) for international and multinational businesses.
  • Advising on data transfer, sharing and processing arrangements in respect of sharing of personal data between group companies or among collaborating businesses.
  • Strategic advice on responses to Privacy Commissioner enquiries in relation to alleged data collection, use and security issues and data breaches.
  • Guidance on the relevance under Hong Kong law of GDPR compliance in respect of business operations in Hong Kong of various businesses operating in Asia Pacific.

Digital services and fintech

  • Advising a crowdfunding business on a proposed property crowdfunding platform in Hong Kong, including detailed regulatory advice on the relevant licensing requirements, and licensing process.
  • Advising a cryptocurrency payment business on its online conditions of service in respect of real-time sale and purchase of cryptocurrency.
  • Advising a payment fintech business on a range of payment regulatory issues, including trust and company service provider regulation, regulation of stored value facilities, money service operations, money lending, credit card issuance, and banking regulation.
  • Advising a receivables financing business in respect of its intended operation of a platform for offering trade receivables of small medium size enterprises for investors to purchase.
  • Advising a number of blockchain based businesses on the application of securities and payment regulation in respect of intended retail token sales or listing of tokens on exchanges.

Writing experience

 

 

Legal 500 Asia Pacific 2022 notes: ‘Padraig Walsh is extremely responsive and provides a consistently high level of client service, with a balanced and pragmatic approach.”

Legal 500 Asia Pacific 2020 notes: “Pádraig Walsh is particularly knowledgeable about various subsets of the technology sector, including fintech, biotech, insurtech, edutech and cleantech.”

Legal 500 Asia Pacific 2017 notes: “Pádraig Walsh … provides ‘straightforward advice’ and ‘inspires confidence’.”

Chambers Asia Pacific 2014 notes: “He is a really exceptional lawyer. He looked at everything from our perspective, and provided us with solutions – not advice.“

Chambers Asia Pacific 2012 notes: “Clients describe Pádraig as ‘a great communicator who is able to explain and distil complicated information in a very clear manner. He is also pragmatic and understands that his advice needs to take into account our business needs as well as the general business environment.’”

Chambers Asia Pacific 2011 notes: “Pádraig is helpful, approachable and fully capable of handling complex matters in a detail-oriented manner.”

 

 

Professional memberships

  • Data Protection Officers Club
  • Fintech Association of Hong Kong
  • Hong Kong Computer Society
  • Honorary Fellow of the Asian Institute of International Financial Law (with the University of Hong Kong)
  • International Association of Privacy Professionals
  • International Technology Law Association (Data Protection Substantive Law Committee)
  • PrivacyRules (Chair)
  • The International Technology Law Association (Data Protection Substantive Law Committee)
  • The Law Society of Hong Kong (Investment Products & Financial Services Sub-Committee to Practitioner Affairs Committee)
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