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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Transferred loss after Forthwell: what group companies can recover
In short: transferred loss remains a narrow exception to the rule that a contracting party recovers only its own loss. In Forthwell v Pontegadea [2026] UKSC 33, decided on 17 September 2026, the Supreme Court rejected a general route for group company losses while leaving the separate performance-interest argument open. By Rob Bratby, Managing Partner,…
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Epiris Gamma Communications offer: the clearances that condition a UK telecoms deal
In short: The Epiris Gamma Communications offer is conditional on antitrust clearance in Germany and Austria, and on foreign investment and sector clearances in Australia, Germany, Spain, the Netherlands and the United Kingdom. The UK condition is the National Security and Investment Act 2021. No UK competition clearance condition appears, because the Enterprise Act 2002…
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Settling Ofcom competition investigations: 40% penalty discount for no right of appeal
In short: Ofcom proposes a Competition Act settlement discount of up to 40 per cent for non-cartel conduct, double the cap in its 2017 guidelines, where the business settles before Ofcom issues a Statement of Objections. The business must also confirm that it will not challenge or appeal the decision. The consultation closes on 6…
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Copper retirement second threshold: Ofcom leaves the post-2031 rules undefined
In short: The copper retirement second threshold changes on 1 April 2029: from that date Openreach may exclude 10% of the premises in an exchange area, so 90% ultrafast coverage replaces 100%. Ofcom decided this on 9 September 2026. The mechanism operates for two years, and Ofcom expects conditions for full copper deregulation from 2031….
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Digital verification services: digital ID was cancelled, this deadline was not
In short: Digital verification services fall under Part 2 of the Data (Use and Access) Act 2025, in force since 1 December 2025. Version 1.0 of the trust framework took effect on 2 September 2026. From 1 October 2026 an employer or landlord who checks identity digitally must use a provider on the statutory register….
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WRC-27: the UK proposes to oppose IMT identification in three of four bands
In short: WRC-27 will decide whether four frequency ranges are identified for mobile use in the international treaty governing radio spectrum. Ofcom is minded to oppose three and to support one, 7125 to 7250 MHz, on which UK alignment with Europe in the upper 6 GHz band depends. Every position is provisional and responses close…
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Section 60A Competition Act: the gap in UK law caused by the new EU Article 102 (Abuse of dominance) Guidelines replacing pre-Brexit EU Guidelines
In short: section 60A Competition Act 1998 obliges a UK court, the CMA and the concurrent regulators to have regard to European Commission statements made before Brexit implementation period (IP) completion day (31 December 2020) and not subsequently withdrawn. At paragraph 246 of its Guidelines of 3 September 2026 the Commission withdrew its prior 2009…
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Open market review: what an altnet’s declaration decides
In short: Open market review declarations state where a supplier will build, and Building Digital UK (BDUK) spends Project Gigabit subsidy only on premises no supplier has claimed. The September 2026 National Rolling Open Market Review closes on 1 October 2026. BDUK classifies declared premises Grey, Black or Under Review and excludes them; it monitors…
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The EU AI Act explained: what applies to UK businesses and when
The EU AI Act explained for UK businesses: what already applies, the high-risk dates moved to 2027 and 2028 by the Digital Omnibus, penalties and the authorised representative duty.
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Does the Online Safety Act apply to my service?
In short: three tests answer “does the Online Safety Act apply to my service?” as at 28 August 2026: whether the service enables user-generated content, includes a search engine or publishes pornographic content (ss 3 and 80); whether it has links with the UK (s 4, or s 80(4) for pornography providers); and whether an…
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The Bailey Mansion House speech: growth, regulation and the future of money
In short: the Bailey Mansion House speech of 14 July 2026 links growth to regulatory design. Andrew Bailey applies that test to bank capital, tokenised money and AI. The Bank’s test for new forms of sterling is whether they preserve nominal value and settlement finality. Two deadlines are now close: the Retail Payments Infrastructure Board…
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Digital Regulation | EU | UK
Meta child safety settlement: implications for UK and EU platforms
In short: The Meta child safety settlement, filed in the Northern District of California on 26 August 2026, commits Meta to a two-hour default daily limit for teenagers, an overnight night access mode and hidden like counts on Instagram and Facebook. The agreement limits those obligations to the settling US states. Neither Ofcom nor the…
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 does the work; nothing is delegated.
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 30 years’ experience spanning a secondment to Oftel, senior in-house roles at UK telecoms operators, and partnership at international law firms, 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.
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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