Partner

Privacy, Regulatory, and Public law

Get in touch

For further advice please contact us for a consultation.

-
+44 (0)3330 143 401 info@gunnercooke.com
Testimonials

Tim takes a practical approach to advising his clients.

Client


Highly innovative, able to use his legal expertise to solve problems rather than create them... pragmatic and clear thinking.

Chief Strategy Officer


Partner

Privacy, Regulatory, and Public law

Expertise

Tim is a specialist in making sense of the complex legal, regulatory, governance, policy and commercial issues that arise in the dealings between the public and private sectors and between businesses, especially (but not exclusively) those operating in the services, technology, cyber and defence sectors.
He has extensive experience of improving corporate governance, leadership and successful transformations, including support on major change programmes.
As well as his legal expertise, he offers clients a deep understanding of the structure, policies, culture and processes of HM Government and of the NHS, having held senior positions in both.
His legal advisory work focusses on EU law (inc. State Aid), UK public and commercial contract law; regulated procurement; data protection (including GDPR implementations; responding to data breaches and supporting clients facing ICO audits or enforcement measures) and wider information law issues (FOIA;EIR; confidentiality, official secrets),
His data privacy work arises in a wide range of contexts including the deployment of innovative technologies, deploying biometric verification in the workplace; PKI solutions; Big-data; and sharing healthcare (and other special category) data.
He advises and supports re-structuring; implementation of cyber security measures and GDPR compliance, outsourcing; developing military technologies, interception of communications; performing surveillance and monitoring in the workplace, media and marketing; e-commerce; AI. His input includes insight, advice and guidance on data ethics; data sharing; data minimisation; impact assessments; encryption and pseudonymisation techniques.
Tim has acted for clients as diverse as QinetiQ; Siemens; Babcock; First Group; OFCOM; major corporates in the tech, semi-conductor and biotechnology sectors; IASME Consortium; SMEs; HM Foreign and Commonwealth Office; the Home Office and National Crime Agency; Welsh Government; Local Health Boards and NHS Trusts; the Nuclear Decommissioning Authority; and Eurostar.
He has contributed at a senior level to a number of major change programmes which have achieved growth of market share; exploitation of dormant IP; new strategic relationships including R&D; new infrastructure; effective regulatory oversight; international collaborations and effective compliance regimes.
Tim also represents clients who are considering bringing, or who are defending, legal challenges and regulatory enforcement measures.

Tim Advises

Tech Sector– (UK Government relations; policy insight; data privacy; regulatory and strategic relationships)

Services Sector– (bidding for government contracts; outsourcing; challenging procurement decisions; responding to consultations; data privacy/GDPR;)

Public sector -(advising Central Government and public bodies (UK and other States) on all aspects of establishing and applying public procurement rules (EU/UK and WTO) and public law; judicial reviews; ‘route- to- market’; developing wider markets; State Aid; PFI/PF2; anti-bribery; FOIA; GDPR; Official Secrets.)

Health– (commissioning; post-discharge payment disputes; public law; governance;  General Medical Services Regulations; GDS Regulations; and social care partnering agreements; Joint Working Agreements; international collaborations; GDPR; Data Security and Protection Toolkit; PFI reviews; judicial reviews)

Defence sector – (bid support; international trade licensing; ITAR; Humanitarian law; Human rights);

Nuclear – (procurement and regulatory issues).

Experience Highlights

  • Drafting a variety of data privacy compliance documents including; Data Sharing agreements; Data Privacy Policy; Guidance on reliance on the legal ground of ‘legitimate business interest’; Data Protection Registers.
  • Preparing written guidance and visualisations to help a corporate client determine whether it will be acting as data controller, joint data controller or data processor when negotiating supply contracts.
  • Re-designing a direct marketing campaign to secure GDPR compliance; DPA compliance and compliance with the Privacy in Electronic Communications (EU Directive) Regulations 2003.
  • Advising on risk mitigation and preparing contract documentation for an independent cyber security company operating its own cyber/GDPR standard and supporting it in its appointment as an accreditation body and on its appointment of certification bodies  (CBs) under the Government’s ‘Cyber Essentials’ scheme.
  • Advising a global technology company on the regulatory framework and risks affecting its new battlefield surveillance technology.
  • Lead lawyer for HM Government on the £1.3billion PFI programme for the new headquarters for GCHQ.
  • Working on an extensive GDPR Implementation programme for a major UK financial services company including negotiations with suppliers and securing changes to supply contracts; advice on legal grounds for processing, and drafting data privacy policy documents.
  • Advising Eurostar in major High Court litigation concerning the Utilities Regulations (Alstom Transport –v- Eurostar International Limited (1) and Siemens plc [2011] EWHC 1828 Ch.).
  • Advising the Nuclear Decommissioning Authority (NDA) on its complex, multi-billion pound procurement for the decommissioning of Dounrey nuclear power station.
  • Programme Board Member for HM Government’s Information Assurance Programme Board.
  • Senior User and lead lawyer on the project to establish the multi-user/multi-provider/multi-lot framework agreement for legal services to Whitehall Departments and agencies (‘L-CAT).
  • Advising the NHS in Wales on the procurement and contract management implications of Brexit.
  • Expert witness to the Public Administration Select Committee inquiry into government procurement and commercial skills (2012).
  • Advising the The Royal Parks on devising a strategy to meet the new Concessions Directive.
  • Advising QinetiQ on a range of matters which involved advice on wireless telegraphy; IT law; data protection and human rights issues.
  • Advising the Department for Education on its procurement for the refurbishment of Old Admiralty House.
  • Providing a procurement law ‘compliance analysis’ for Babcock International in relation to a major tender.
  • Advising the Foreign & Commonwealth Office and drafting its Global Procurement Policy and Guidance.
  • Advising a number of public and private sector organisations on aspects of the Regulation of Investigatory Powers Act 2000; Official Secrets Acts; the Computer Misuse Act 1990, Convention on Cyber Crime (2001), the Intelligence Services Act 1994, and Human Rights Act 1998 (esp Articles 6 and 8 and the First Protocol).
  • Negotiating and drafting international contracts between HM Government and major international corporations.
  • Drafting an SPA for the UK national gas suppliers’ organisation for a new strategic partnership with a major data- services company to deliver a mission- critical theft reduction initiative. This was designed to implement OFGEM’s legal ‘direction’ to all suppliers.
  • Representing HM Government in international Treaty collaborations in the IT sector.
  • Advising local authorities and Partnerships for Schools on numerous Building Schools for the Future (BSF) projects.
  • Designing and implementing a forensic methodology for the review of operational PFI contracts.
  • Advising a health service body on handling the regulatory and contractual consequences of a major data protection breach.
  • Designing a state aid compliant grant – allocation scheme (using monies from the European Social Fund via Welsh Government) for the re-training of nuclear industry staff in North Wales.

Publications

  • ‘Power In Procurement’ (Heywood, T. and Lonsdale, (2012) PPP Journal).
  • Visiting Lecturer, (Procurement and Commissioning) University of Birmingham Business School; Institute of Local Government (INLOGOV) and the Health Service Management Centre.
  • Former member of the CBI advisory group on procurement and PFI.
  • Member of the Procurement Lawyers Association.

Career History

Previous Law Firms

  • Deputy Legal Adviser, GCHQ (1999-2005);
  • Head of Legal Affairs, CESG (now National Cyber Security Centre) (1999-2005)
  • Director, Procurement and Commercial Law, HM Treasury Solicitor’s Department (2005-2008);
  • Partner and Head of EU & Procurement Law, Bevan Brittan llp (2008-2010);
  • Director in the Commercial Department, Burges Salmon llp.(2010-2013);
  • Non-Executive Director, Wye Valley NHS Trust (2005 -2010).

Get in touch

For further advice please contact us for a consultation.

-
+44 (0)3330 143 401 info@gunnercooke.com
Testimonials

Tim takes a practical approach to advising his clients.

Client


Highly innovative, able to use his legal expertise to solve problems rather than create them... pragmatic and clear thinking.

Chief Strategy Officer