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TMC - Technology, Media & Communications

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Digital communications have been connecting people for almost 20 years, but the digital era still poses a multitude of legal challenges as organisations – from startups, to mid-size enterprises to household names - try to keep up the pace. CMS advises global technology, media and telecoms organisations - and their users, financiers and investors - in every area of law.

Unlocking business opportunities – and revealing problems

The development of connectivity and digital technologies has allowed for the emergence of immense benefits and possibilities for individuals. However, it has also raised critical issues that may seriously affect human and privacy rights. Accordingly, governments, multinational entities and global organisations have placed these topics at the heart of their agendas. CMS is here to help you navigate the landscape.

Transforming businesses and disrupting industries

As industries converge and new ones emerge, a wide range of stakeholders in the technology, media and communications (TMC) sector – from users, financiers and investors to business owners and regulators – face an urgent need to understand how digital transformation presents commercial opportunities and is redefining conventional business and social structures. With the deployment of 5G networks and the Internet of Things, opportunities are going to increase exponentially.

Protecting and exploiting data

A huge amount of data is generated through interacting with digital technologies which can be quickly processed, giving the holder of the data significant abilities to assess and predict behaviours of broad or segmented groups of people and individuals. CMS advises on the full spectrum of data privacy issues – from compliance and 24/7 cyber breach response, to defending against regulators and class actions. We offer a number of tools like the Breach Assistant app and Enforcement Tracker of fines issued under the GDPR.

Thanks to a diverse range of clients and our career backgrounds, CMS has looked at and advised on issues from every angle, across our practice groups.

Our experience includes, but is not limited to:

TELECOMS
  • 5G
  • Fibre
  • MVNOs
  • Network sharing
  • Satellite
  • Spectrum
  • Subsea cables
  • Telecoms regulation
  • Towers

The quality of our work is recognised by awards such as:

  • TMT Legal Adviser of the Year 2019, TMT Finance M&A Awards
  • Deal of the Year 2019, The Deal, for advice to Comcast on its bid for Sky plc 
  • Entertainment Firm of the Year 2019, Who’s Who Legal
  • TMT Law Firm of the Year 2019, Asian Legal Business (ALB) Southeast Asia Law Awards
  • Middle East TMT Firm of the Year 2018, Asian-MENA Counsel Awards 2018

Please reach out to any of our Technology, Media and Communications lawyers should you have an issue to explore.

For the very latest legal updates from CMS TMC and data protection expert lawyers delivered directly to your inbox, sign up to the Law-Now subscription service now.

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TMT Legal Adviser of the Year

TMT Finance M&A Awards 2019

Southeast Asia TMT Law Firm of the Year

Asia Legal Business 2019

Middle East TMT Firm of the Year

Asian-MENA Counsel Awards 2018

Entertainment firm of the year

Who’s Who Legal, 2019

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    Data Protection

    Find out how CMS can provide support and advice on structuring business models in compliance with data protection regulations.

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    5G In­sight
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    The ul­ti­mate guide to deal­ing with a data breach

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    28 September 2020
    GDPR En­force­ment Track­er Re­port
    1st edi­tion 2020All EU Mem­ber States have been re­quired to ap­ply the Gen­er­al Data Pro­tec­tion Reg­u­la­tion ("GDPR", Reg­u­la­tion (EU) 2016/679) since 25 May 2018. After a cau­tious ini­tial peri­od, the EU data pro­tec­tion au­thor­it­ies ("DPA") have in­creased their fin­ing activ­ity sig­ni­fic­antly. This GDPR En­force­ment Track­er Re­port aims to provide you with valu­able in­sights in­to the fin­ing activ­it­ies of all EU DPAs un­der the GDPR, as well as the ICO's prac­tice in the United King­dom. Our ana­lys­is is based on the pub­licly avail­able data on fines that we col­lect and com­pile at www.en­force­ment­track­er.com. We in­tend to pub­lish an­nu­al edi­tions of this re­port, and we ex­pect that the rel­ev­ance of in­sights will stead­ily in­crease as more data on fines be­comes avail­able.Over­view, coun­try and sec­tor ap­proachIn search of guid­ance on how to op­tim­ise its own data pro­tec­tion strategy and pri­or­it­ise data pro­tec­tion meas­ures, a com­pany will nat­ur­ally want to look at its peers and the com­pet­ent au­thor­it­ies' prac­tice. This holds true both in terms of busi­ness sec­tors and jur­is­dic­tion. Kick­ing off with an over­all sum­mary on the ex­ist­ing fines ("Num­bers and Fig­ures"), we have cor­res­pond­ingly di­vided the fines in­to the fol­low­ing busi­ness sec­tors and con­sidered the re­spect­ive fines' ori­gins:Fin­ance, in­sur­ance and con­sultingAc­com­mod­a­tion and hos­pit­al­ity­Health careIn­dustry, com­merce and real es­tate­Media, tele­coms and broad­cast­ing­Pub­lic sec­tor­Trans­port­a­tion and en­ergy­In­di­vidu­als and private as­so­ci­ation­sEm­ploy­er­sY­our takeawaysThe in-depth ana­lys­is per­mits first con­clu­sions to be drawn as to which busi­ness sec­tors at­trac­ted par­tic­u­larly hefty fines. We have also ana­lysed the DPAs' reas­on­ings for the fines. These as­pects to­geth­er al­low us to provide you with key takeaways for each busi­ness sec­tor. Apart from the law­ful­ness of each data pro­cessing op­er­a­tion, bol­ster­ing data se­cur­ity should re­main in the spot­light for every or­gan­isa­tion. Lit­ig­a­tion in data pro­tec­tion is set to in­crease in the near fu­ture. Or­gan­isa­tions that main­tain up-to-date se­cur­ity meas­ures will be best pre­pared for the fu­ture and for po­ten­tial lit­ig­a­tion.
    17 July 2020
    Schrems strikes again: EU-US Pri­vacy Shield in­val­id; Stand­ard Con­trac­tu­al...
    A clash between US na­tion­al sur­veil­lance law and EU data pro­tec­tion stand­ards, which lies at the heart of Case C-311/18, Data Pro­tec­tion Com­mis­sion­er v Face­book Ire­land and Max­i­mil­lian Schrems (“Schrems...
    28 September 2020
    Belt and Road Ini­ti­at­ive
    China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve, of­fer­ing new op­por­tun­it­ies for na­tions, com­munit­ies and busi­nessesIt is now ex­pli­citly aligned with many areas that are in­creas­ing pri­or­it­ies for in­ter­na­tion­al busi­nesses, such as ESG prin­ciples and sus­tain­ab­il­ity. But in 2020 it faces un­pre­ced­en­ted head­winds, in­clud­ing the glob­al pan­dem­ic and trade dis­putes.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it.This ma­ter­i­al is the found­a­tion of our new re­ports on BRI, cov­er­ing top­ics such as:The im­pact of Cov­id-19 on BRID­if­fer­ent views of BRI among Chinese and in­ter­na­tion­al par­ti­cipant­s­Joint ven­tures and part­ner­shipsProb­lems ex­per­i­enced in BRI pro­ject­s­Key risks and risk mit­ig­a­tion­BRI dis­pute res­ol­u­tion and ar­bit­ra­tionESG, sus­tain­ab­il­ity and BRI­Belt and Road 2.0The Di­git­al Silk Road  and the Health Silk RoadThe pro­spects for BRI after 2020Our find­ings from China are avail­able now and Asia-Pa­cific will fol­low soon. Re­ports on Cent­ral and East­ern Europe, the Middle East, Africa and Lat­in Amer­ica will be pub­lished in the com­ing months.me­di­um me­di­um me­di­um me­di­um me­di­um me­di­um 
    10 June 2020
    DI­FC Data Pro­tec­tion Law
    In­tro­duc­tion Fol­low­ing a series of con­sulta­tions, the Dubai In­ter­na­tion­al Fin­an­cial Centre (DI­FC) has is­sued Data Pro­tec­tion Law No.5 of 2020 (DPL), which in­creases pri­vacy com­pli­ance re­quire­ments for...
    28 September 2020
    BRI - View from China
    The Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve. Its par­ti­cipants are in­creas­ingly look­ing to meet the trends of the fu­ture. Af­ford­able pro­jects, em­bra­cing mod­ern tech­no­lo­gies and meth­ods, as well the “open, green and clean” ap­proach of BRI 2.0, will of­ten be those that stand the greatest chance of suc­cess – a point un­der­lined by China’s re­cently an­nounced tar­get for car­bon neut­ral­ity and Pres­id­ent Xi Jin­ping’s call for a green re­cov­ery of the world eco­nomy.But how are the un­pre­ced­en­ted dif­fi­culties of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Wel­come to the first of a series of re­ports that as­sess the chal­lenges for BRI and the steps that BRI par­ti­cipants can take to achieve both suc­cess for them­selves and a pos­it­ive fu­ture for BRI. This re­port is in­ten­ded primar­ily for a Chinese read­er­ship and is there­fore avail­able in both Eng­lish and Chinese.The re­port ex­am­ines:Why Chinese par­ti­cipants in BRI are more gen­er­ally pos­it­ive about it than non-Chinese par­ti­cipants, and how this may be re­solved.The ef­fects of Cov­id-19 on BRI, and new en­thu­si­asm for the Health Silk Road.How to mit­ig­ate BRI risk and man­age dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The im­pact of BRI 2.0.
    26 May 2020
    European Com­mis­sion must ad­dress in­tel­lec­tu­al prop­erty and AI
    The Com­mit­tee on Leg­al Af­fairs (JURI) of the European Par­lia­ment has pub­lished three draft re­ports re­lat­ing to ar­ti­fi­cial in­tel­li­gence (AI). This note is about the draft re­port on in­tel­lec­tu­al prop­erty...
    31 July 2020
    An­nu­al Re­view 2019 – 2020
    We are liv­ing in tur­bu­lent times, char­ac­ter­ised by polit­ic­al, cli­mate and health crises. The most acute of these – the COV­ID-19 pan­dem­ic – has clearly shown how in­ter­con­nec­ted our eco­nom­ies are: travel, com­merce and sup­ply chains world­wide have been im­pacted. No in­di­vidu­al or busi­ness has re­mained totally un­af­fected by it.As a glob­al or­gan­isa­tion, with a pres­ence in key busi­ness hubs around the world, we are wit­ness­ing the im­pact of the pan­dem­ic firsthand. Our teams in Asia, Europe, Africa and Lat­in Amer­ica are help­ing cli­ents deal with this un­pre­ced­en­ted situ­ation. Un­fold­ing in dif­fer­ent in­tens­it­ies in dif­fer­ent parts of the world at dif­fer­ent times, our teams are in the for­tu­nate po­s­i­tion of be­ing able to con­nect with and learn from each oth­er. This en­ables us to sup­port our cli­ents in a mean­ing­ful way, listen­ing to and un­der­stand­ing their con­cerns and provid­ing them with busi­ness-rel­ev­ant ad­vice that draws on in­sights from our ex­perts world­wide.In this crisis, we, as a so­ci­ety, are at a cross­roads. What is cer­tain is that for in­di­vidu­als and busi­nesses (ours in­cluded) there will be no ‘back to busi­ness as usu­al’. Things need to (and will) change. How we shape the ‘new nor­mal’ is up to us. In this An­nu­al Re­view, we look at some key de­vel­op­ments that are in­creas­ingly im­pact­ing busi­ness suc­cess. Com­pan­ies need to take these in­to con­sid­er­a­tion when ad­apt­ing their op­er­a­tions to the new busi­ness en­vir­on­ment.The months ahead will be chal­len­ging for us all. Busi­nesses will need to think stra­tegic­ally and po­s­i­tion them­selves for suc­cess in the new nor­mal. We at CMS see it as our task to guide our cli­ents through this chan­ging busi­ness land­scape.Mat­thi­as Licht­blau (Ex­ec­ut­ive Dir­ect­or) Pierre-Sé­bas­tien Thill (Chair­man) Duncan We­st­on (Ex­ec­ut­ive Part­ner) CMS Ex­ec­ut­ive Team
    12 May 2020
    Loc­a­tion apps in the time of COV­ID-19
    Con­tact tra­cing and loc­a­tion data-based ap­plic­a­tions have re­cently be­come the sub­ject of the heated de­bates in view of their wide­spread use in the fight against the COV­ID-19 pan­dem­ic. In re­sponse to...
    28 July 2020
    Guide on in­ter­na­tion­al data trans­fers – Draw­ing on the Schrems II Case
    Ana­lys­is on the Schrems II CJEU Judg­ment: im­plic­a­tions on in­ter­na­tion­al data trans­fers.
    29 April 2020
    Busi­nesses turn to elec­tron­ic / di­git­al sig­na­tures as re­mote work­ing be­comes...
    This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. As work­place clos­ures and so­cial dis­tan­cing have rendered phys­ic­al sign­ing of doc­u­ments lo­gist­ic­ally...
    14 July 2020
    The Chan­ging Face of Cy­ber Claims
    CMS, Marsh, and Wave­stone con­trib­uted to this cy­ber in­sur­ance loss study which looks at prac­tic­al ways to man­age and mit­ig­ate cy­ber risk and claims in Europe.
    21 April 2020
    E-Sig­na­tures in Oman and COV­ID-19 
    Gov­ern­ment au­thor­it­ies all across the world are strongly ad­vising, and in many cases are even re­quir­ing, people to stay at home, so­cially dis­tance from one an­oth­er and avoid gath­er­ings to help put an...