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Daniel Gallagher

Senior Associate

Contact
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Daniel Gallagher is a technology, outsourcing and data lawyer. He has been named a “Rising Star” for Fintech by Legal 500 2024.

Daniel is experienced structuring and negotiating complex technology transactions, including technology and business process outsourcing arrangements; cloud services such as IaaS, PaaS, and SaaS; digital transformation projects; software licensing, development and collaboration agreements; and other technology and IP-rich transactions. He has represented clients on Fintech, Insurtech and Proptech transactions.

Daniel advises clients on the development, procurement and deployment of artificial intelligence (AI), as well as other emerging technologies such as robotic process automation (RPA) and distributed ledger technologies (including blockchain). As well as contracting for AI systems, he advises clients on managing risks associated with the use of AI, including through impact assessments, policies, and other governance frameworks. He is co-author of the chapter on Outsourcing in Crypto and Digital Assets Law and Regulation, and is due to be published as a contributing author in a forthcoming book on the EU AI Act.

Daniel is also experienced advising clients on the commercialisation of data, and how to with comply with laws regulating the use of non-personal (industrial) data and personal data, including data licensing, processing data in complex technology arrangements, cross-border transfers, and the appropriate security and privacy measures to protect data, including in arrangements with third parties.

Daniel has been recommended by Legal 500 for Commercial Contracts in 2018 and 2019 and for Fintech in 2020, 2021, 2022, 2023, and 2024. He has spent a year on secondment to the strategic sourcing team of a global financial institution.

Daniel has a particular interest in the intellectual property and data issues arising from emerging technologies.

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"Daniel Gallagher is recommended for IP transactions.”

Legal 500, 2022

"A 'Rising Star' for Fintech."

Legal 500, 2022

Relevant experience

  • Drafting standard contractual clauses for the procurement of AI systems and updating template services and outsourcing agreements for the use of AI systems for multiple clients (including FTSE 100).
  • AI impact assessments, guardrails, and legal checklists for a FTSE 100 FMCG client.
  • Advising a FTSE 100 energy client on the risks of deploying enterprise-wide generative AI technology.
  • Cryptocurrency custody firm on its strategic technology licensing and software arrangements.
  • FTSE 100 client on the consolidation of its multi-vendor outsourced application maintenance and application development services.
  • Global financial institution on its collaboration and development agreement with a leading operations management and analytics company to develop a KYC software platform that uses robotic process automation and machine-learning technology to speed up compliance checks on clients.
  • Insurtech company on its agreement with a UK life insurance company to launch a pioneering insurance product that uses advanced robotic-underwriting and algorithmic pricing to reduce the risk of providing cover for type 1 and 2 diabetics in the UK.
  • Global, systemically important financial institutions on their multi-jurisdictional outsourcing to leading cloud service providers.
  • FTSE 100 clients on the negotiation and sale of IPv4 addresses to global technology providers.
  • Facilities management provider on its connected workspace (Internet-of-Things) services, including relating to the use of big data collected from sensors installed within buildings.
  • Multiple financial services institutions on outsourcing of business change management services, hardware supply and support services, IT and other facilities management services.
  • Advising organisations in compliance with data protection laws and cyber security; cross-border data transfer arrangements, including Binding Corporate Rules (BCRs); data and cyber security issues in complex technology transactions; processing big data and processing data using artificial intelligence; data governance and protection policies and fair processing notices; responding to requests for disclosure of data (including from data subjects or in connection with regulatory investigations or litigation). 
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Publications

  • Daniel Gallagher and Ian Stevens (2023) ‘Outsourcing’, in Charles Kerrigan (ed.) Crypto and Digital Assets Law and Regulation. Sweet and Maxwell.
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Education

  • 2014 – Diploma in Intellectual Property Law and Practice, University of Oxford, Oxford
  • 2004 – M.Phil, St. Catherine’s College, University of Oxford, Oxford
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Feed

11/03/2024
Looking ahead to the EU AI Act
Introduction The European Union is preparing for the imminent adoption of the world’s most significant legislation on Artificial Intelligence, solidifying its position as a pioneer among global legislators. This initiative aims to establish and reinforce the EU’s role as a premier hub for AI while ensuring that AI development remains focused on human-centered and trustworthy principles. To expedite the achievement of these goals, on 8 December 2023, after three days of debate, the European Parliament and the Council of the European Union finally reached a provisional agreement on the “Proposal for a Regulation laying down harmonised rules on artificial intelligence” (the so-called AI Act), which aims to ensure that AI systems placed on the European market are safe and respect the fundamental rights and values of the EU. Subsequent to this provisional agreement, technical refinement of the AI Act continued to finalise the regulation’s details and text. The final vote of the European Parliament on the AI Act will take place at 13 March 2024. Since the European Parliament's Committees on the Internal Market and Consumer Protection (IMCO) and on Civil Liberties, Justice and Home Affairs (LIBE) have endorsed overwhelmingly the proposed text, the approval of the European Parliament can be expected. After a long and complex journey that began in 2021 with the European Commission’s proposal of a draft AI Act, this new regulation is expected to be passed into law in spring 2024, once it has been approved by the European Parliament and the Council of the European Union . The AI Act aims to ensure that the marketing and use of AI systems and their outputs in the EU are consistent with fundamental rights under EU law, such as privacy, democracy, the rule of law and environmental sustainability. Adopting a dual approach, it outright prohibits AI systems deemed to pose unacceptable risks while imposing regulatory obligations on other AI systems and their outputs. The new regulation, which also aims to strike a fair balance between innovation and the protection of individuals, not only makes Europe a world leader in the regulation of this new technology, but also endeavours to create a legal framework that users of AI technologies will be able to comply with in order to make the most of this significant development opportunity. In this article we provide a first overview of the key points contained in the text of the AI Act1This article (including the relevant citations below) is based on the latest draft available on the Council’s website. The AI Act remains subject to possible further refinement, but not as regards content, and the text referred to for this article should be considered as the closest to the one that will be voted on by the EU Parliament. footnote that companies should be aware of in order to prepare for the implementing regulation.
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