“Pádraig has deep industry knowledge in respect of venture capital investments, the technology sector and the jurisdictions where we invest.”
Pádraig Walsh
Partner
Practice Area(s)
Jurisdictions
- Hong Kong (2000)
- Ireland (1998)
Biography
Pádraig is a partner in the Corporate and Commercial Department and he leads the TMT Practice of Tanner De Witt. Pádraig has been practising as a lawyer over two decades and is recognised by several peers and publications as a leading lawyer in the TMT field. He was also recently ranked as one of ALB’s Top 50 Super TMT lawyers.
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, telcom regulation, gaming and media licensing and commercial arrangements, and corporate transactions.
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 venture firms, corporate and strategic investors, and founders. Pádraig has often advised founders as their ventures grow from seed through alphabet round financing to exit by trade sale. Pádraig also advises companies of all sizes on mergers and acquisitions, corporate restructurings, and joint ventures.
Pádraig has a particular interest in data privacy and protection, and has advised clients on the requirements in Hong Kong on the collection, use, processing, transfer, storage and deletion of personal data. He has assisted clients to prepare privacy and transfer impact assessments, and to implement privacy management programmes. Pádraig also advises on cyber response and remediation, and frequently helps businesses in crisis in the immediate aftermath of a serious cyber attack. Pádraig is 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).
Pádraig advises 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, RWA projects, and regulation and licensing of various digital asset platforms and businesses. Pádraig also has significant experience advising on payment and stablecoin regulation.
Pádraig is a Notary Public.
Biography
- Advised the founders of a virtual insurer on the conclusion of its Series A, Series A+ and Series B investment rounds.
- Advised a number of companies and founders on alphabet investment rounds. Documentation included term sheet, investment agreement, subscription and shareholders agreement, articles of association and approval documents.
- Advised a Hong Kong-based, venture capital backed accelerator programme on the equity subscription and association funding arrangements for operating its Web3 accelerator programme.
- Acted for a purchaser of a company that developed proprietary technology which included cash and token considerations.
- Advised 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.
- Advised an online gambling business on the technology rights and intellectual property licensing in complex multi-jurisdictional business separation and asset transfer
- Advised an online retail property brokerage on technology cross-licensing and maintenance services transaction
- Advised on the service level agreements and outsourcing arrangements in respect of tech refurbishment services for electronic devices
- Advised on complex arrangements for licensing of accounting and document management cloud-based software, including data protection, information security and service level arrangements
- Advised on and drafted terms of use for the online sales of products and services for numerous businesses in the technology sector.
- Advised a banking and financial service company on several complex Hong Kong legislations in respect to data privacy, criminal enforcement and administrative public laws.
- Advised a global professional service firm on response to data breach and potential consequences under the privacy and other legislation.
- Advised a multinational car company on a cross-jurisdictional data processing agreements.
- Advised on various transfer impact assessments to assess Hong Kong for the purpose of data export from the EEA to Hong Kong.
- Advised on various privacy impact assessments in respect of introduction of business projects using personal data (including sensitive personal data) for international and multinational businesses.
- Advised 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.
- Gap analysis and advice on GDPR and PIPL compliance in Hong Kong in respect of personal information used in business operations in Hong Kong of various businesses operating in the EEA and the PRC.
- Advised a crowdfunding business on a proposed property crowdfunding platform in Hong Kong, including detailed regulatory advice on the relevant licensing requirements, and licensing process.
- Advised 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.
- Advised 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.
- Advised a variety of virtual asset trading platform operators and other digital asset service providers and project teams on the application of Hong Kong securities, payment, anti-money laundering and consumer protection regulation to offering and provision of services to Hong Kong users.
- Advised a cryptocurrency payment business on its online conditions of service in respect of real-time sale and purchase of cryptocurrency.
- Advised on the structuring of a variety of tokenisation projects involving real world assets.
- Advised a number of blockchain based businesses on the application of securities and payment regulation in respect of intended token sales or listing of tokens on exchanges.
- Assisted a cryptocurrency company on structuring additional funding required for a capital call.
Biography
- iTech Law
- PrivacyRules
- Lexing
- PrivSec Global
- Asia Data Privacy Forum
- American Bar Association, International Law Section
- RISE Conference
- WOW Summit
- University of Hong Kong
- Chinese University of Hong Kong
- Hong Kong University of Science and Technology
- Hong Kong Baptist University
- Polytechnic University of Hong Kong
- Hong Kong Science and Technology Park
- Cyberport
Biography
- Legal 500, Asia Pacific Leading Individual for TMT since 2023
- Chambers and Partners, Greater China Region TMT: Data Protection & Privacy category Band 4 since 2022
- ALB Super 50 TMT lawyer in 2022
Biography
- Fintech Association of Hong Kong
- Artificial Intelligence Association of Hong Kong
- Hong Kong China Network Security Association
- International Association of Privacy Professionals
- International Technology Law Association
- Investment Products & Financial Services Sub-Committee to Practitioner Affairs Committee of The Law Society of Hong Kong
- PrivacyRules
- The Law Society of Hong Kong
Biography
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