David joined Prospect Law in 2021, having worked as a Senior Legal Counsel for the Nuclear Decommissioning Authority (NDA) from 2005 to 2020, where he was the in-house legal member of the Competition Teams, which were responsible for all four of the public procurement competitions, amounting to approximately £32 billion. NDA conducted these competitions to appoint parent body organisations to own the shares in its nuclear site licence companies (SLCs), and to be responsible for their nuclear decommissioning operations.
David has a strong understanding of the nuclear regulatory landscape and dynamics of government and stakeholder relationships. He has advised on procurement, regulatory, security and nuclear transport matters affecting NDA and its SLCs and subsidiaries. He has contributed to lessons-learned exercises after each of these competitions in order to produce and generate best practices and to learn from what went well and what didn’t from a Government/Contracting Authority perspective.
David contributed to the drafting and development of a wide range of NDA’s policies, including several iterations of NDA’s Intellectual Property policy, the IP provisions of NDA’s principal contracts and guidance for the commercial teams, NDA’s policy on exploiting its IP outside the nuclear estate, and numerous technology and IP licences.
Prior to joining the nuclear sector, David spent around 20 years in the pharmaceutical sector, including 11 years as a senior legal adviser for GlaxoSmithKline plc. He also worked for the Napp Pharmaceutical Group, Mundipharma Group, Shire Pharmaceuticals Group plc and Eli Lilly and Company and also spent several years providing legal consultancy advice to pharmaceutical and biotechnology companies in the Oxfordshire and Thames Valley region.
During his time in the pharmaceutical sector, David was responsible for drafting contractual arrangements in a diverse range of fields including producing contract-manufacturing templates for use in the UK and globally, IP licensing arrangements and distribution agreements for products in the EU and clinical trial agreements with clinical research organisations. David developed, drafted and implemented with a cross-functional team. This innovative pharmaceutical agency distribution scheme was the first in the UK to move away from traditional pharmaceutical wholesaling in order to better understand and acquire data on its 12,000 plus pharmacy customers so that it could more appropriately serve its commercial interests.
David has developed a thorough understanding of evolving UK and EU data privacy legislation over the years, from the Data Protection Act 1984 to the current legislative and regulatory framework. He has a good working knowledge of international data privacy legislation, including the US Health Insurance Portability Accountability Act, the California Consumer Privacy Act and the California Privacy Rights Act. David contributed to the drafting of the first “Safe Harbor” agreement (the precursor to the Privacy Shield) between the UK government and the US Department of Commerce to transfer personal data outside the UK/EU. He drafted one of the first self-certification arrangements for a US subsidiary to receive personal data from its UK parent company.
He has drafted data sharing agreements for sharing personal data, as well as data protection impact assessments and subject access request arrangements for staff and third parties. He has also advised pharmaceutical clinical trial teams on their arrangements in relation to the anonymisation or pseudonymisation of patient data, and also the personal data of doctors involved in these trials. Additionally, David has advised healthcare sales and marketing teams in relation to large databases of personal data which are held on prescribing doctors.
David has advised clients on privacy arrangements that need to be put in place in relation to the transferring of personal data outside the UK and EEA following the ECJ judgement in the Schrems II case, which invalidated the Privacy Shield, and has also drafted Privacy Notices and Policies for clients to reflect the new regulatory environment. David is also familiar with the very recent UK extension (known as the Data Bridge) to the EU-US Data Privacy Framework, which has replaced the Privacy Shield.
David is also part of the firm’s ESG team and advises on and participates in ESG and related policies and audits for clients.
David advises on environmental due diligence, nuclear regulatory and intellectual property licensing matters.
