Peter-Kouwenberg-header new

Peter Kouwenberg

Partner - Head of Department

Corporate & Commercial

01582 390 411 | ext 4430

About

I am a partner and Head of the Commercial Law Department. I advise clients on a wide range of commercial contracts including agency and distribution agreements, consultancy agreements, franchise agreements and terms for the supply of goods and services. I also assist on technology and outsourcing projects, construction projects and non-contentious intellectual property matters. I am the firm’s data protection specialist and advise upon privacy policies, data subject rights and issues regarding data subject consent and legitimate business interests.

I enjoy the fact that my work covers a range of different sectors: robust terms of supply are fundamental to most businesses and I have expertise in both B2B and B2C markets. Similarly, issues such as protection of intellectual property, outsourcing of IT and lawful processing of data are important whether I am assisting a distributor of scientific equipment, a supplier of property management services or a school. My work on construction matters requires a more tailored skill set with its focus on JCT contracts, collateral warranties, consultant and subcontractor contracts.

I always pay particular attention to the overall context and structure of a client’s business as well as its legal requirements to ensure that legal documents which I produce will slot into the real commercial world in which the client operates. I appreciate that, historically, the legal profession has been criticised for drafting over-lengthy and complicated legal paperwork and I always aim to keep documents to the minimum necessary to protect the interests of the client, whilst having regard to relevant statutory and case law.

Over the years, I have worked with small business organisations regarding the issue of data protection and I have taken great pleasure in helping such organisations to become compliant with the current legislation. Often, a client may initially feel daunted or confused by what seems to be a complex and wide-reaching issue. However, I am able to break down the key requirements of data protection law in a clear, concise and (most importantly) practical manner to help the client complete its data protection legal health check and ensure that they know how to deal with customer information, subject access requests etc. going forward.

Interests

Sport and literature.

Experience

IT Consultancy Company: advising upon start-up company’s legal requirements and drafting suitable B2B terms of supply and contract proposal, confidentiality agreement, data privacy policy, legitimate interest assessment for marketing purposes.

Property Development Company: Advising upon large reconstruction project in London on behalf of employer client including advising upon Design and build JCT Contract and schedule of amendments and preparing and advising upon performance bond, parent company guarantee, collateral warranties, subcontractor and consultant Appointment Forms and deed of novation.

Communication Agency: Advising client upon a range of supply contracts and assisting in the negotiation of supply contracts with major international customers, in particular advising upon limitation of liability provisions, indemnities and confidentiality provisions.

Joined Taylor Walton in 2001

COVID, Cookies and Copy and Paste

By Peter Kouwenberg | 31 January 2022

On 5 January 2022, the European Data Protection Supervisor (EDPS) issued its decision against the European Parliament (EP) in relation to the use of third-party cookies operated by US companies and the resulting transfer of data to the US. The decision highlights the need for businesses to conduct thorough due diligence, and, where necessary, an…

Narrowing the scope of cyber-attack claims

By Peter Kouwenberg | 24 November 2021

Given the recent spate of cyber-attacks impacting every sector, from education and legal to manufacturing and pharmaceutical, when typically data is stolen, deleted or encrypted to extort a ransom, a recent ruling offers some hope for data controllers, worried about the fallout from such an attack. The High-Court recently handed down its ruling in the…

Age Appropriate Design Code for websites aimed at children

By Peter Kouwenberg | 6 October 2021

On 2 September 2020, the Information Commissioners Office (ICO), Age Appropriate Design Code (the Code), a statutory code of practice, came into force with a transitional period of one year to allow businesses time to consider its effects and prepare accordingly. Now that this transitional period has ended, what impact has the Age Appropriate Design…

Do not gamble with your consumer terms and conditions

By Peter Kouwenberg | 28 September 2021

For companies conducting business online, the judgment in the recent case of Green v Petfre (Gibraltar) Ltd t/a Betfred (Green v Betfred) serves as a stark reminder for them to ensure their terms and conditions are drafted in a clear, intelligible manner and easily understood by consumers. The judgment provides an example of the potentially…

Better Late Than Never: Protecting Data

By Peter Kouwenberg | 25 February 2020

The business world held its breath as 25 May 2018 came and went, the day which heralded the implementation of the General Data Protection Regulation (GDPR), two years after publication. Guidance from the Information Commissioner’s Office suggested that the regulator would not necessarily flex its muscles immediately and seek to hit offenders with the maximum…

Getting the most out of your Terms and Conditions: Essential terms

By Peter Kouwenberg | 1 February 2019

It is vital that your terms and conditions protect your business on a wide range of issues, but the following points are particularly worthy of consideration. Limitation of Liability: T&Cs for Businesses that Provide a Service Your T&Cs should seek to cap the maximum amount of damages payable to your customer in the event that something goes wrong. How…

Life after GDPR

By Peter Kouwenberg | 20 August 2018

Unless you have been living under a rock, you will undoubtedly be aware that the new The EU General Data Protection Regulation (“GDPR”) came into force on 25 May 2018. The tidal wave of update notices and consent emails flooding into our inboxes has now subsided, but dealing with the implications of GDPR and all it involves…