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Commercial

United Kingdom

As a business operating in today’s increasingly regulated markets, you need to manage your commercial risk while achieving your business objectives. Your success is built upon the effectiveness and robustness of your relationships with third parties, whether they are your customers, suppliers or intermediaries. Contractual arrangements attuned to the sectors and markets in which you operate are key.

Whether you require advice on supply arrangements, services agreements, technology or telecommunications contracts, IP licensing, manufacturing agreements, consumer arrangements, software licensing, outsourcing or any other bespoke commercial arrangement, our specialists can guide you towards the best business outcome for you.

We are market-leading practitioners, and have shaped many of the landmark deals in the various sectors which we serve. This means that we do not simply counsel our clients on how to paper their transactions, but work with them from the start to come up with the structure which is most effective for them, and share with them our experience of the many other deals we have executed.

Our commercial lawyers also benefit from the support of colleagues expert in complementary legal areas. Tax lawyers ensure that contracts are tax-efficient and that any liability is properly allocated between the parties. Competition law specialists enable contracts to exploit rights or distribute products as effectively as possible, within the constraints of an ever-changing legal and regulatory framework.

We don't distinguish "legal points" and "commercial points". If an issue is relevant to the deal we are working on then we will understand it and help our clients to resolve it. We also understand that contracts are important for our clients, and time-pressured. Our clients don't need to explain to us that something is urgent or critical; we know already.

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CMS stands out for its global reach and sector focus. The 'can do' team has a 'great understanding of the legal position, the deal, the commercial reality and the regulatory framework'.

Legal 500 UK, 2015

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    Commercial Contracts

    Commercial contracts are the fundamental basis upon which any business develops and grows. Getting it wrong can have serious consequences for your business. Whether the agreements relevant to your business concern the procurement or the supply of goods, technology, information or services, or your business processes such as licensing, distribution, agency and resale, you will need legal advisers who understand your commercial imperatives and can deliver results efficiently and cost-effectively based on market knowledge and experience.

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    Outsourcing

    Many organisations look to outsource business functions to help drive their business’ growth, achieve quality improvements, increase efficiency and manage costs. The decision to outsource elements of a business is often complex - finding the right service provider, ensuring the right set up, contracting for appropriate performance incentives and ensuring good governance are just a few of the considerations.

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    Data Protection & Freedom of Information

    The EU data protection landscape is shifting with a radical new regulatory framework on the horizon. Our global data protection expertise allows us to handle the very largest and most complex multi-jurisdictional matters. 

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    Advertising, Marketing & Sponsorship

    The advertising and marketing sector is diverse and dynamic, with creativity and resourcefulness at its heart. We bring that same spirit to the work we do for our clients in the sector. We assist a range of clients - small to large - across the sector above, below and through the line, including brands, agencies and publishers.   

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    Health & Safety

    Health & Safety is of paramount importance to all businesses. As an increasingly regulated area, every employer must comply with health and safety rules to protect employees, contractors, visitors and the general public. These regulations also put responsibility on all employees, so it is vital that everyone is aware of the relevant legislation.

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    Law-Now: Com­mer­cial

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    5 November 2018
    Block­chain: ad­vert­ising's hero?
    10/11/2017
    What next for in­ter­na­tion­al data trans­fers?
    Sum­mary The Ir­ish High Court has made a pre­lim­in­ary ref­er­ence to the Court of Justice of the European Uni­on ("CJEU"), ask­ing wheth­er stand­ard data pro­tec­tion clauses ("stand­ard clauses") are com­pat­ible with the leg­al rights of data sub­jects un­der EU law.
    18/06/2019
    Is an in­tel­li­gent AI tool right for your busi­ness?
    The Na­tion­al Cy­ber Se­cur­ity Centre has re­cently re­leased guid­ance on as­sess­ing in­tel­li­gent tools for cy­ber se­cur­ity (avail­able here). This guid­ance provides a valu­able op­por­tun­ity for busi­nesses of any size to re­flect on how they should (or equally, should.
    27 July 2018
    43 CMS Part­ners named in first year of Leg­al 500 Hall...
    22/08/2017
    The Data Pro­tec­tion Bill: a state­ment of in­tent (Re­post from CMS Law-Now)
    On 7 Au­gust, the UK gov­ern­ment re­leased its state­ment of in­tent, which set out its pro­pos­als for a Data Pro­tec­tion Bill (the "Bill") to re­place the Data Pro­tec­tion Act 1998 ("DPA") and "bring data pro­tec­tion laws in the UK up.
    14/06/2019
    The EUIPO de­liv­ers its ver­dict on the long­stand­ing dis­pute between...
    EUTM Can­cel­la­tion Ac­tion: (1) Pro­mote Ice­land, (2) The Iceland­ic Min­istry for For­eign Af­fairs and (3) SA – Busi­ness Ice­land v. Ice­land Foods Lim­ited. Back­ground Three Iceland­ic au­thor­it­ies (“Iceland­ic Ap­plic­ants”) filed an ap­plic­a­tion for a de­clar­a­tion of in­valid­ity.
    14/06/2018
    Vir­tu­al ad­vert­ising enters the game
    24/07/2017
    ART­ICLE 29 WORK­ING PARTY WARNS EM­PLOY­ERS ABOUT SNOOP­ING ON JOB AP­PLIC­ANT...
    It is es­tim­ated that 70% of em­ploy­ers now screen the so­cial me­dia pro­files of job can­did­ates as part of their re­cruit­ment pro­cess. In light of these prac­tices, last month the Art­icle 29 Work­ing Party is­sued a series of guidelines in.
    13/06/2019
    No pic­tures, please: Scot­land v Eng­land as a for­um for de­fam­a­tion...
    The Court of Ap­peal in Eng­land & Wales has handed down its judg­ment in the mat­ter of Howard Kennedy v The Na­tion­al Trust for Scot­land [2019] EW­CA Civ 648, on ap­peal from the de­cision of Sir Dav­id Eady, sit­ting as a judge of the High Court on the Queen's Bench.
    June 2018
    On­line Stress Test
    Test your know-how pro­tec­tion
    07/07/2017
    The ICO's first ever In­ter­na­tion­al Strategy is set to pro­tect the...
    The ICO on the 4th of Ju­ly 2017 took a step for­ward with re­gards to pri­vacy pro­tec­tion for the UK pub­lic from over­seas data pro­tec­tion threats and risks, by pub­lish­ing its first ever In­ter­na­tion­al Strategy doc­u­ment.
    06/06/2019
    The Bribery Act 2010 in Scot­land: where are we now?
    De­scribed earli­er this year by the House of Lords Se­lect Com­mit­tee as hav­ing cre­ated “an in­ter­na­tion­al gold stand­ard for anti-bribery and cor­rup­tion le­gis­la­tion”, the com­ing month will mark the eight year an­niversary of the Bribery Act 2010 com­ing in­to force.