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International TMC - Technology, Media & Communications law firm

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. Our teams are ranked by Chambers and Partners 2021 for our work in the TMT and Fintech space in 14 countries, plus Europe-wide and Global-wide.

Unlocking business opportunities – and revealing problems

The development of connectivity and digital technologies has generated 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 technology, media and communications (TMC) – from users, financiers and investors to business owners and regulators – must urgently understand how digital transformation brings commercial opportunities and redefines conventional business and social structures. With the deployment of 5G networks and the Internet of Things (IoT), these opportunities are set to increase exponentially.

Protecting and exploiting data

Interacting with digital technologies generates a huge amount of data. This can be quickly processed, giving the data holder significant abilities to assess and predict behaviours of broad or segmented groups and individuals. CMS advises on the full spectrum of data privacy – 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.

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.

Ranked as the only firm in Band 1

Chambers Europe-wide, Media, 2021

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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Digital Communications Infrastructure
How we helpAt CMS, we have some of Europe’s leading legal specialists in the technology, media and communications sector. Our Digital Communications I

Our experience includes, but is not limited to:

TELECOMS
  • 5G
  • Fibre
  • Mobile virtual network operators (MVNOs)
  • Network sharing
  • Satellite
  • Spectrum
  • Subsea cables
  • Telecoms patents
  • Telecoms regulation
  • Towers
28/06/2022
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
Chan­ging tech, chan­ging risks
31/05/2022
GDPR En­force­ment Track­er Re­port
What a year for GDPR en­force­ment: 2021/2022 saw vari­ous land­mark cases in­clud­ing: a new re­cord fine of EUR 743 mil­lion; the total amount of all fines since May 2018 ex­ceed­ing the EUR 1 bil­lion mark in sum­mer 2021; and the total num­ber of cases passing 1,000 in early 2022. Land­mark cases were widely re­por­ted, ob­vi­ously draw­ing a lot of pub­lic at­ten­tion and in­creas­ing over­all aware­ness for data pro­tec­tion law. However, there is a GDPR en­force­ment real­ity bey­ond re­cord fines and it may be worth tak­ing a closer look: fo­cus­sing solely on severe fines could lead to fear and even re­luct­ance or ig­nor­ance on com­pli­ance is­sues.We still be­lieve that facts are bet­ter than fear.Our con­tinu­ously up­dated list of pub­licly known GDPR fines in the GDPR En­force­ment Track­er is our 24/7 rem­edy against fear: in con­trast, the an­nu­al GDPR En­force­ment Track­er Re­port (“ET Re­port”) is our deep dive ap­proach and per­mits great­er in­sight in­to the world of GDPR fines.
CMS Breach As­sist­ant app
A head start dur­ing the first crit­ic­al hours of a data breach

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25/11/2022
Prob­lems with con­cur­rent leases and the Elec­tron­ic Com­mu­nic­a­tions Code
In Au­gust this year, the Up­per Tribunal pub­lished a de­cision which iden­ti­fies a ser­i­ous gap in Sched­ule 3A of the Com­mu­nic­a­tions Act 2003 (the Elec­tron­ic Com­mu­nic­a­tions Code) (“Code”) and raises con­cerns...
23/11/2022
Bel­gi­um reg­u­lates the mar­ket­ing of in­sur­ance policies for the pur­chase...
The Fin­an­cial Ser­vices and Mar­kets Au­thor­ity (FSMA) im­poses (via a Reg­u­la­tion) re­strict­ive con­di­tions on the com­mer­cial­isa­tion, vis-à-vis con­sumers, of cer­tain in­sur­ance con­tracts on mul­ti­me­dia devices...
23/11/2022
The grow­ing reg­u­lat­ory scru­tiny around “dark pat­terns” and an up­date on...
The no­tion of so called “dark pat­terns” has re­cently garnered in­creas­ing at­ten­tion, with their use in on­line sec­tors be­ing scru­tin­ised by reg­u­lat­ors around the world. But what are they? What are the...
22/11/2022
Glob­al Life Sci­ences & Health­care For­um 2022 – re­cord­ings & present­a­tions
Un­cer­tain times, an evolving leg­al frame­work: man­aging risks and en­sur­ing so­cial re­spons­ib­il­ity in the life sci­ences & health­care sec­tor The risks of AI in the fu­ture of life sci­ences came un­der the mi­cro­scope at a land­mark leg­al For­um in Septem­ber.Health­care is ra­cing ahead in ad­opt­ing new tech­no­lo­gies across drug dis­cov­ery, de­vel­op­ment, man­u­fac­tur­ing and sup­ply chain but ex­perts pre­dict a tail-whip of dis­putes and con­tract fric­tion.Di­git­al trans­form­a­tion has the po­ten­tial to im­prove every as­pect of health­care and the pharma in­dustry but it also im­pacts data pro­tec­tion, IT se­cur­ity, con­tract design, li­ab­il­ity and reg­u­la­tion.The an­nu­al CMS Glob­al Life Sci­ences and Health­care For­um brought to­geth­er high-level in­dustry and leg­al ex­perts to dis­cuss sec­tor in­tel­li­gence and best prac­tice as well as is­sues ran­ging from cy­ber breaches and crypto­cur­rency wrangles to fall-outs over trade secrets and in­tel­lec­tu­al prop­erty (IP).“AI of­fers amaz­ing op­por­tun­it­ies to ad­vance life sci­ences and ush­er in trans­form­at­ive medi­cine such as cell and gene ther­apy, im­proved dia­gnostics and ana­lyt­ics but it also comes with con­cerns as leg­al and con­trac­tu­al risks are still be­ing un­der­stood and eval­u­ated,” says Nick Beck­ett, Glob­al Co-Head of CMS Life Sci­ences & Health­care Sec­tor Group“Sci­ence and tech­no­logy are mov­ing for­ward very quickly but we are find­ing that the de­tail and strategy of what to do to mit­ig­ate risks or re­solve them is lag­ging be­hind. These are crit­ic­ally im­port­ant is­sues that com­pan­ies need to ad­dress and the For­um ex­amined the im­plic­a­tions and solu­tions.”AI is boom­ing and a re­cent re­port by ana­lysts Grand View Re­search fore­cast that the glob­al AI in health­care mar­ket will grow from its cur­rent value of $10.4 bil­lion at a com­pound an­nu­al growth rate (CAGR) of 38.4% from 2022 to 2030. AI is fast be­com­ing a sig­ni­fic­ant ele­ment of every as­pect of health­care and leg­al de­part­ments and busi­ness units are be­ing chal­lenged to re­spond.The For­um, which was held in Brus­sels and on­line on Thursday, Septem­ber 29, had a packed agenda cov­er­ing tech­no­logy trans­form­a­tion, En­vir­on­ment­al, Sus­tain­ab­il­ity and Gov­ernance, sup­ply chain dis­rup­tion, reg­u­lat­ory frame­works and the chan­ging com­mer­cial land­scape.The scale of chal­lenge was evid­enced in the re­cent CMS Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape re­port which re­vealed that 56% of cor­por­ate coun­sel and risk man­agers ex­pect an in­crease in AI-re­lated dis­putes, while 50% be­lieve that the use of AI tech­no­lo­gies will lead to risks and dis­putes that can­not cur­rently be fore­seen.Dis­putes will be driv­en by is­sues arising from IP and trade secrets, the use of AI, smart con­tracts, crypto­cur­ren­cies and cloud ser­vices, they be­lieve.“Or­gan­isa­tions are likely to see new types of risks and dis­putes emerge from the use of new tech­no­lo­gies such as AI and crypto­cur­ren­cies. Many busi­nesses are play­ing catch-up in un­der­stand­ing the risks as­so­ci­ated with these new tech­no­lo­gies,” says Lee Gluyas, Part­ner, CMS. “Whilst no busi­ness can elim­in­ate risks com­pletely, those that think ahead, plan early and act­ively man­age risk will give them­selves a sub­stan­tial ad­vant­age.”Fea­tured key­note speak­ers from the United Na­tions Health and De­vel­op­ment Team, gen­er­al coun­sel from lead­ing pharma com­pan­ies, Bo­ston Con­sult­ing Group, fin­an­cial ser­vices mul­tina­tion­al Aon and CMS sec­tor spe­cial­ists.
22/11/2022
Life Sci­ences are reap­ing the re­ward of di­git­al ad­vances but IP and con­tract...
Di­git­al trans­form­a­tion in life sci­ences is cre­at­ing op­por­tun­it­ies to counter health­care’s most in­tract­able prob­lems from treat­ing rare dis­eases to ac­cel­er­at­ing dia­gnostics and re­du­cing treat­ment back­logs.But tech­no­lo­gic­al ad­vances are out­strip­ping le­gis­lat­ive and reg­u­lat­ory frame­works giv­ing rise to a land­scape strewn with is­sues over data, pri­vacy and IP, the re­cent CMS Glob­al Life Sci­ences & Health­care For­um 2022 heard.“Tech­no­logy change ob­vi­ously brings with it risks in im­ple­ment­a­tion and new uses of tech­no­logy and new reg­u­la­tion and le­gis­la­tion brings new risk,” Jeremy Mash, part­ner at CMS Lon­don, told del­eg­ates.AI is a po­tent force in life sci­ences with ma­chine learn­ing and pa­tient data open­ing up new op­por­tun­it­ies to re­volu­tion­ise health­care and re­lieve sys­tems bogged down by la­bor­i­ous pro­cesses and shrink­ing budgets.The ad­vances are wel­comed across life sci­ences and di­git­al has been en­shrined in most na­tion’s health sys­tem plan­ning but some fun­da­ment­al prin­ciples such as who owns or is re­spons­ible for pa­tient data, new routes to treat­ments and the con­sequences of mis­takes have yet to be fully tested.“There are situ­ations where you can see that evolving in­to risk and leg­al prob­lems,” ad­ded Jeremy. “There is in­creas­ing use of le­gis­la­tion in the space and there is con­cern about where it is go­ing to lead. There are a lot of data is­sues about quite what the ‘black box’ is do­ing and you can see people start­ing to raise con­cerns about how their data is be­ing used.“There is also a lot talk about who is li­able if that AI does not work. Is it the per­son who im­ple­men­ted it or the per­son de­signed it?”CMS ex­amined the emer­ging is­sues in its Tech­no­logy Trans­form­a­tion re­port, which sur­veyed 510 seni­or coun­sel and risk man­agers across sec­tors and dis­covered a range of pre­pared­ness and safe­guards.It iden­ti­fied that IP is­sues rep­res­ent 65% of ex­pec­ted fu­ture tech­no­logy dis­putes, ob­served Jane Hol­ly­wood, part­ner at CMS Lon­don and pat­ent at­tor­ney. She said the ex­ist­ing risk man­age­ment sys­tems for identi­fy­ing, ana­lys­ing, re­view­ing, mit­ig­at­ing and mon­it­or­ing IP risk may need stiff­en­ing.“It's one thing to have con­trac­tu­al ob­lig­a­tions and train­ing for your people gov­ern­ing how you pro­tect your IP and not mis­use third party IP,” she told the For­um, in Brus­sels. “But it's quite an­oth­er to en­sure that your pro­ced­ures re­main ad­equate while you're op­er­at­ing in a world of ma­chine learn­ing al­gorithms and AI fa­cil­it­ated de­cision mak­ing.”She ad­ded: “The IP sys­tem does not evolve as quickly as tech­no­logy ad­vances and there­fore we can have chal­lenges ob­tain­ing pro­tec­tion for new tech­no­lo­gies. We've seen this very much with AI and di­git­al health tech­no­lo­gies where pat­ent pro­tec­tion can be dif­fi­cult to get.”She said that identi­fy­ing own­er­ship and cap­tur­ing de­vel­op­ments in a fast-mov­ing sec­tor where col­lab­or­a­tion and joint ven­tures are com­mon can also gen­er­ate dis­putes.“Big Pharma is in­creas­ingly part­ner­ing with di­git­al health com­pan­ies for drug dis­cov­ery and pa­tient en­gage­ment and clin­ic­al tri­al auto­ma­tion and, again, there's a lack of clar­ity about who owns the data that's gen­er­ated from these part­ner­ships so this is also likely to lead to dis­putes in the fu­ture,” said Jane.To read the full sur­vey, vis­it Tech­no­logy Trans­form­a­tion re­port.
22/11/2022
The UK gov­ern­ment will re­view the broad­cast rules on lis­ted sport­ing events
On 15 Novem­ber 2022, the UK gov­ern­ment launched the Lis­ted Events: Di­git­al Rights Re­view (the “Re­view”) (press re­lease here) which will con­sider wheth­er the gov­ern­ment’s free-to-air lis­ted events...
21/11/2022
Hun­gary's pri­vacy de­cision on dir­ect mar­ket­ing asks: how much con­sent is...
In de­cision No. NAIH-2501-10/2022 of 12 Septem­ber 2022, the Hun­gari­an Data Pro­tec­tion and Free­dom of In­form­a­tion Au­thor­ity (NAIH) im­posed a HUF 30 mil­lion (EUR 74,500) data pro­tec­tion fine on Mag­yar Éremkiboc­sátó...
10/11/2022
US ad­opts Ex­ec­ut­ive Or­der to im­ple­ment EU-US Data Pri­vacy Frame­work
After an­noun­cing a polit­ic­al agree­ment on 25 March 2022, the US gov­ern­ment has now an­nounced more de­tails on how it in­tends to put mass sur­veil­lance by in­tel­li­gence agen­cies on a rule-of-law foot­ing...
08/11/2022
Tech­no­logy Trans­form­a­tion – Me­dia
The me­dia sec­tor is known to be highly com­pet­it­ive, with that com­pet­i­tion driv­ing in­nov­a­tion. Older me­dia busi­nesses have had to grapple with dis­rupt­ive new entrants. And those new entrants are con­stantly work­ing to de­liv­er bet­ter and more en­ga­ging con­tent and user ex­per­i­ences to main­tain their ad­vant­age. Di­git­isa­tion has changed how me­dia com­pan­ies in­ter­act with their audi­ence in ways we could not have ima­gined just a few years ago, but this comes with risk.This re­port is a deep dive in­to the data first pro­duced for the re­port Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape. This saw over 500 cor­por­ate coun­sel and risk man­agers sur­veyed from mul­tiple in­dus­tries across the world. Here we look in de­tail at the 75 re­spond­ents from the me­dia sec­tor, and their per­spect­ives on the risks as­so­ci­ated with busi­ness-crit­ic­al tech­no­lo­gies, in­clud­ing emer­ging tech­no­lo­gies. What did we find? Me­dia is a dy­nam­ic sec­tor and can be an early ad­op­ter of many nov­el tech­no­lo­gies as com­pan­ies push for com­pet­it­ive ad­vant­ages to cre­ate and sat­is­fy cus­tom­er de­mand. As we look to the fu­ture, the sec­tor does seem un­der­prepared in some areas, which is a po­ten­tial cause for con­cern.Down­load the Tech­no­logy Trans­form­a­tion me­dia sec­tor re­port now to read aboutThe prin­cip­al drivers in the ad­op­tion of busi­ness-crit­ic­al tech­no­logy in the me­dia sec­tor­Con­fid­ence in man­aging tech-re­lated risks among seni­or me­dia ex­ec­ut­ivesFu­ture threats from new tech­no­lo­gies like AI and block­chain­Which plans and pro­cesses me­dia com­pan­ies are put­ting in place to pro­tect tech in­fra­struc­ture­Cul­tur­al bar­ri­ers to man­aging tech risks in the me­dia sec­tor­Preferred ap­proaches to dis­pute res­ol­u­tion in the me­dia sec­tor
08/11/2022
Dubai: De­crypt­ing the new DF­SA Crypto Re­gime
In March earli­er this year, the Dubai Fin­an­cial Ser­vices Au­thor­ity (“DF­SA”) is­sued a con­sulta­tion pa­per on the reg­u­la­tion of Crypto Tokens (“CP143”). CP143 set out the DF­SA’s pro­pos­als for a...
08/11/2022
De­crypt­ing the new DF­SA Crypto Re­gime
In March earli­er this year, the Dubai Fin­an­cial Ser­vices Au­thor­ity (“DF­SA”) is­sued a con­sulta­tion pa­per on the reg­u­la­tion of Crypto Tokens (“CP143”).  CP143 set out the DF­SA’s pro­pos­als for...
08/11/2022
Man­aging AI Risks ef­fect­ively: a North Amer­ic­an per­spect­ive
The Na­tion­al In­sti­tute of Stand­ards and Tech­no­logy (“NIST”), the U.S. gov­ern­ment agency, has re­cently pub­lished the second draft of its AI Risk Man­age­ment Frame­work (the “Frame­work”) ac­com­pan­ied...