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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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…
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Ofcom number misuse: what General Condition B1 requires of providers
In short: In Ofcom number misuse investigations opened on 24 September 2026 into Vonage Business Limited and Voxbone SA, Ofcom is examining whether each provider took all reasonably practicable steps to secure that its business customers, in using telephone numbers, complied with Ofcom’s numbering rules (General Condition B1.8), and met the duties on effective and…
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Openreach NTO offer: Ofcom’s approach to enforcing SMP conditions
In short: The Openreach NTO offer, a national discount for internet service providers (ISPs) that win new full-fibre customers, must be withdrawn by 30 September 2026. Ofcom found its prices not fair and reasonable under SMP Conditions 1.3 to 1.5 and did not intervene in the other notified offers, in its statement of 28 September…
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FCA crypto authorisation: fees and the application window
In short: FCA crypto authorisation applications open at 9am on 30 September 2026 and the application window closes at 11.59pm on 28 February 2027. Handbook Notice 144 fixes the price of applying: one fee where a firm also seeks MLR registration, £11,260 to issue a qualifying stablecoin, and 2028/29 fees and Ombudsman levy set from…
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Search choice screen: the CMA’s revised test for AI assistants and rival search services
In short: The search choice screen the CMA proposes for Google’s Android devices and Chrome browser would be open to any search service, AI assistants included, that meets three eligibility criteria, the first of which would require AI summaries to attribute web content. Google would decide who qualifies every six months and send its reasons…
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Data Protection | EU | UK
EU KIDS Act: one age check will not satisfy EU and UK rules
In short: The EU KIDS Act, which the European Commission proposed on 17 September 2026, would bar under-15s from social media accounts in the EU and require platforms to check age through a certified EU solution using zero-knowledge proof. The Online Safety Act 2023 sets an outcome standard instead, so a service with UK and…
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Consumer Duty vulnerable customers: which payments firms are in scope
In short: Consumer Duty vulnerable customers obligations apply to a payment service provider or an e-money institution carrying on retail market business under PRIN 3.2.6R, and they apply whether or not the customer is that firm’s own client. The Financial Conduct Authority published good and poor practice findings for payments firms on 17 September 2026….
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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…
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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