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.

Fintech

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