Contracts in regulated sectors carry regulatory risk that generalist commercial lawyers may not identify. A telecoms interconnection agreement must comply with Ofcom General Conditions. A payment processing agreement must address FCA safeguarding and conduct requirements. A SaaS agreement handling personal data must include UK GDPR-compliant data processing terms. Bratby Law provides direct legal advice on commercial and technology contracts where telecoms, data protection or payments regulation shapes the terms.

Who this is for

Commercial and technology contract support is designed for businesses whose contracts are shaped by telecoms, data protection or payments regulation. Typical clients include telecoms operators negotiating interconnection, access and network-sharing agreements; payment service providers and fintechs negotiating processing, scheme membership and open banking agreements; technology businesses with regulated customers requiring sector-specific contractual terms; and infrastructure investors managing portfolios of contracts with regulatory obligations.

Contract types

We advise on contracts where the regulatory framework creates specific requirements or constraints that affect drafting, negotiation or compliance. This includes interconnection and access agreements under the Communications Act 2003; MVNO and MVNE agreements; network sharing and co-location arrangements; payment processing, merchant services and scheme membership agreements; open banking access and API agreements; SaaS, platform and cloud services agreements with regulated customers; data processing agreements and international transfer mechanisms under the Data Protection Act 2018; technology licensing and IP agreements in regulated sectors; and infrastructure agreements including wayleaves, fibre leases and tower sharing.

Regulatory overlays

The value of specialist contract support lies in identifying and addressing the regulatory overlays that apply to each agreement. For telecoms contracts, this means ensuring compliance with General Conditions, addressing numbering portability obligations, and reflecting Ofcom dispute resolution requirements. For payments contracts, it means addressing safeguarding, complaint handling, Consumer Duty and scheme rule compliance in the contract terms. For data contracts, it means structuring data processing arrangements that meet ICO accountability requirements and support the client’s GDPR compliance position. Without specialist input, these regulatory dimensions are often missed or addressed generically, creating compliance gaps that surface only when a regulator or counterparty raises them.

Support model

We provide contract support as direct legal advice, drafting or reviewing specific agreements as instructed. For businesses with a regular flow of contracts, we can also operate as part of the commercial team on a standing arrangement, reviewing contracts as they arise and maintaining consistency across the contract portfolio. Rob Bratby has over 30 years’ experience including senior in-house roles where he managed large contract portfolios, and current fractional GC appointments where commercial contract review is a core part of the role.

Why specialist contract support

Contracts in regulated sectors are not just commercial documents. They are part of the regulatory compliance framework. A telecoms interconnection agreement that does not comply with Ofcom General Conditions creates regulatory risk for both parties. A payment processing agreement that does not address FCA safeguarding requirements may expose the PSP to enforcement action. A data processing agreement that does not meet UK GDPR standards creates accountability risk under the ICO’s enforcement framework. Specialist contract support means these regulatory requirements are addressed in the drafting, not discovered after the contract is signed.

The regulatory overlay also affects negotiation strategy. Understanding which terms are driven by regulatory requirements (and therefore non-negotiable) and which are commercial positions (and therefore open to negotiation) allows the business to focus negotiation effort where it will produce results. A generalist commercial lawyer may push back on a regulatory requirement, wasting time and damaging the relationship with the counterparty. A specialist recognises the regulatory driver and focuses negotiation on the genuinely commercial terms.

For businesses with a portfolio of contracts across telecoms, payments and data, consistency is also important. Having the same specialist review all contracts means regulatory positions are consistent across the portfolio, standard terms are maintained, and the business can demonstrate to regulators that its contractual framework supports compliance. This consistency is difficult to achieve when contracts are reviewed by different lawyers at different firms on an ad hoc basis.

Related practice areas

For the telecoms regulatory framework affecting contracts, see Telecoms Regulation. For the full range of transactions, see Transactions. For FCA and PSR requirements in payments contracts, see Payments Regulation.

Related engagement models

See also: Tech Scale-Up Counsel for growth businesses needing ongoing contract support, and Transactions Co-counsel for contract support within deal workstreams. For an overview, see Direct Legal Advice.

How we work

Contract support is delivered by Rob Bratby personally. Standard contract reviews are delivered within three to five working days with a marked-up document and a summary of key issues. Urgent reviews can be accommodated within 24 to 48 hours. For drafting work, we produce an initial draft for discussion, then manage the negotiation and amendment process through to execution. We work directly with the client’s commercial, legal or procurement team and can attend negotiation meetings or calls as needed.

For businesses with a regular flow of contracts in regulated sectors, a standing arrangement provides priority access, consistent terms and accumulated knowledge of the business’s contract portfolio and commercial positions.

For businesses entering new markets or expanding into adjacent sectors, contract support also covers the initial assessment of what regulatory terms need to be in customer and supplier agreements before the first contract is signed. Getting the regulatory framework into the contract template from the outset avoids retrospective remediation across the entire contract portfolio.

Frequently asked questions

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If you need contract support where regulation shapes the terms, contact us.