Insights
Analysis of telecoms, data, payments and technology regulation and transactions
Clear, practical commentary on legal and regulatory developments affecting telecoms operators, digital infrastructure providers, technology companies, financial institutions, fintechs and investors.
Our blogging history
We have been publishing insights since 2010, when Rob first built the website on WordPress. From the outset, the aim was the same: careful research, precise language and analysis that explains not just the legal issue, but its practical and commercial effect.
That remains our approach today. Artificial intelligence now helps with parts of the research and drafting process, and it has supported the development of this website. But technology does not replace judgement, experience or specialist expertise. Our insights are shaped by real advisory work across regulation, compliance and transactions.
Through this Insights section, Bratby Law aims to provide clear analysis that helps organisations make informed decisions in complex and fast-moving areas of law and regulation. For advice on a specific issue, regulatory strategy or a transaction, please get in touch.
Recent articles
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Anthropic S-1: AI safety, competition law and the China problem
Anthropic S-1: Anthropic suggests a US antitrust safe harbour for AI safety cooperation. How US, EU, UK and Chinese competition law treat an agreement to slow AI development.
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Subscription contracts rules: the planned January 2027 start and what traders will have to do
In short: The government intends that a business selling subscriptions to UK consumers will have to meet the subscription contracts rules in the Digital Markets, Competition and Consumers Act 2024 for contracts made on or after 1 January 2027, although the commencement regulations have not yet been made. It must explain renewal terms before sign-up,…
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Energy smart data and potential consumer detriment
Energy smart data under the DUAA: DESNZ’s proposals compared with telecoms, water, road fuel and open banking, through the potential consumer detriment in each market.
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NFC access conduct requirement: what the CMA’s iPhone proposal means for payment initiation
In short: Under the NFC access conduct requirement that the Competition and Markets Authority (CMA) proposed on 20 October 2026, Apple would have to open the iPhone’s contactless chip to other apps, including for account-to-account payments, on fair and reasonable terms. For a payment initiation provider, the fee structure and the security evidence Apple may…
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AI outsourcing: when payment firms must tell the FCA
In short: When an authorised payment or e-money institution intends to outsource an operational function relating to its payment services to an AI supplier, it must tell the Financial Conduct Authority (FCA) about the AI outsourcing in advance, and it must report any later change in the function or the supplier without undue delay. From…
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Public interest intervention notices: when ministers change merger law mid-deal
In short: the Secretary of State may give a public interest intervention notice (a notice bringing grounds other than competition into a merger decision) on a public interest ground that is not yet in section 58 of the Enterprise Act 2002, and must then act to add that ground by order while the deal is…
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Unauthorised payment refund: gross negligence is no reason to delay
In short: an unauthorised payment refund cannot be withheld because the bank thinks the customer was grossly negligent. The Court of Justice of the European Union held on 15 October 2026 that the payer’s provider must refund by the end of the next business day, and may recover the loss later only if it proves…
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E-money agents and distributors: who handles complaints and safeguarding
In short: Where an app provider is an e-money agent or distributor of an e-money institution, the institution must handle the users’ complaints, and an eligible user can take them to the Financial Ombudsman Service. Where the app provider is a separate regulated firm, the app provider must handle them, and the Ombudsman can hear…
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Scam reimbursement: who bears the cost of fraud in the UK, the EU and Australia
In short: payment firms bear the cost of scam reimbursement in the UK, and the platforms and networks where scams begin do not contribute. Since 7 October 2024 the sending and receiving payment service providers split each authorised push payment (APP) scam refund 50:50, up to £85,000. Under the EU’s agreed Payment Services Regulation an…
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Modernising Payment Services Regulation and the RPIB: the questions asked
In short: HM Treasury asked 42 questions on reforming the Payment Services Regulations 2017, the Electronic Money Regulations 2011 and Open Banking in its Modernising Payment Services Regulation consultation, which closed on 6 October 2026. The Retail Payments Infrastructure Board, chaired by the Bank of England, asked 18 questions on the design of the next-generation…
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ChatGPT search engine regulation: the EU designates the service, Ofcom lists the search function
In short: ChatGPT search engine duties differ between the EU and the UK. The European Commission designated ChatGPT, as a hybrid service, a very large online search engine under the Digital Services Act on 31 August 2026, with additional duties applying from four months after notification: January 2027. Ofcom lists ChatGPT Search, the search function…
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CMA merger counterfactual: the rival bidder in nexfibre/Substantial
In short: The CMA merger counterfactual in nexfibre/Substantial is, provisionally, a purchase of Substantial by CityFibre, the rival bidder in the 2025 sale process, followed by a sale of its retail businesses. Measured against that, the CMA provisionally found on 2 October 2026 that the deal may be expected to lessen competition substantially in wholesale…
Telecoms, data protection and payments regulation lawyers
Bratby Law advises on telecoms regulation, data protection, payments regulation, transactions and digital regulation across the communications, financial services and technology sectors.
How we work
Bratby Law advises clients directly on specific matters as direct legal advisors, supports other legal teams as specialist co-counsel, and takes longer-term retained appointments as fractional general counsel. In each case a partner advises and signs off the work.
Why Choose Bratby Law?
Sector expertise
Bratby Law advises exclusively across the telecoms, data and payments sectors. That concentration means deeper knowledge of the regulatory environment, faster analysis, and advice that reflects how regulators actually behave: not how the textbook says they should.
Senior delivery
Every instruction is handled by Rob Bratby personally. With more than 30 years’ experience spanning partnership at international law firms, senior in-house roles at UK telecoms operators and a secondment to Oftel, you receive the analysis directly: not through a junior team. The firm uses AI tools to extend research capacity and accelerate document review, so senior judgment is applied to more of your matter, not less. We explain how on How we use AI.
Current appointments
Rob Bratby currently holds fractional General Counsel appointments at TOTSCo, TelXL, Core and the UK Payments Initiative. These ongoing roles keep his advice grounded in how regulated businesses run day to day.
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