Digital Services

Virtually all businesses now have an online presence, and much of the world’s business is also now transacted online. Many business that were once brick and mortar based are now only virtual, including financial services and retail shops. Our lawyers have a great deal of expertise and experience in advising clients on establishing web sites and on transacting business through that online presence through e-commerce. This frequently involves assisting with the contracts that are necessary to establish an online presence (e.g. development, hosting, and support agreements), and advising on the relevant regulations that apply. We have also advised numerous clients on the regulatory and contractual issues relating to e-commerce platforms, payment platforms and online services sales and marketing.

Our lawyers are also very knowledgeable and experienced in providing value added advice on the legal issues arising from the adoption and use of cutting edge technologies such as:

  • blockchain and distributed ledgers
  • internet of things and smart city
  • artificial intelligence (AI)
  • augmented reality and virtual reality

We have also advised businesses operating in a broad range of new and emerging technologies in areas such as fintech, biotech, proptech, cleantech, and supply chain tech.

We have a particular interest and focus upon fintech, which is at the intersection of technology and regulation. We regularly advise on the regulatory and contractual implications of innovative businesses in respect of regulations for payment systems and stored value facilities, money service operations, and money lending and factoring. Lawyers in our Digital Services team are members of the Fintech Association of Hong Kong, an independent, not-for-profit, membership-based association representing Hong Kong’s fintech community.

We have advised on several complex and cutting edge projects, including advising on all regulatory issues, arising from the deployment of blockchain and distributed ledger technology in respect of virtual assets.

We regularly advise on:

  • regulatory and other issues arising from innovative use of technology
  • protection of rights to digital assets
  • business model analysis of innovative projects to troubleshoot contractual and regulatory issues
  • website terms and conditions, copyright notices and data privacy statements and policies
  • e-commerce conditions of sale and purchase (including SaaS and PaaS arrangements)
  • website and e-commerce development, hosting, support and maintenance agreements
  • website content creation and maintenance
  • online, e-commerce and electronic payment arrangements
  • online marketing and advertising agreements

 

Lawyers in our Digital Services team have advised on:

Fintech and blockchain

  • advice on an algorithmic stable coin platform project
  • advice on various tokens offering projects
  • advice on fund formation and tokenisation of fund interests in a commodity fund
  • advice on online conditions of service in respect of real-time sale and purchase of cryptocurrency for a cryptocurrency payment business
  • compliance and regulatory advice to businesses in virtual assets, including trading platforms and over-the-counter traders
  • money service and money lending regulation as it applied to an online retail advance pay application, and preparation of associated terms of service
  • payment regulation in respect of debit and credit card issuance projects
  • regulatory issues and contractual arrangements for an online receivables financing and factoring platform

General digital services

  • creation of an online retail store in the PRC by a listed UK retail PLC in place of its bricks and mortar presence, including the negotiations of all necessary agreements with providers for the development, hosting , support and maintenance of the site, the website general terms and conditions, and e-commerce terms and conditions, and advising on all necessary regulatory issues
  • numerous issues regarding online trading in various countries in the Asia Pacific region to one of the world’s largest and most well-known consumer electronics corporations
  • terms of use for the online sales of products and services for numerous international ecommerce businesses