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TMC - Technology, Media & Communications

Constant innovation and continuous technological change steadily alter the business environment. Conventional business structures dissolve, new business models arise. Innovation is key, but you need to overcome significant regulatory and commercial hurdles.

For the past two decades, our team of over 100 specialist partners in 42 countries has been exposed to every risk and challenge you face in the TMC sector such as IP infringements or anti-trust issues. This means we understand the industries in which you transact including telecommunications, technology, sourcing, sports and media as well as data protection and are able to develop innovative solutions for you.

Technological convergence coupled with the rapid spread of new technologies has opened up a wealth of opportunities in your industry and you must move swiftly to capitalise on them. To stay ahead of the competition, you need to spot and pre-empt legal difficulties before they arise. From M&A to investment and financing, from tax to licensing and product liability, from intellectual property to employment and environmental issues, from network sharing to outsourcing, our multi-disciplinary teams can support you.

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Data Protection Law
In today's business world, the idea of not using data applications on a daily basis is impossible to imagine, while at the same time, companies are op
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IT-Law
Information technology is developing at lightning speed, at the same time, the field of IT law has developed at a similar pace. One of the key drivers
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Media Law
The rapid expansion in the media field, especially new media, often leads to conflicting interpretations of media law. Whether you need advice on the
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Sports Law
The commercialisation and professionalisation of sport has made questions of sports law increasingly more relevant. For you - as an individual athlete
CMS Ex­pert Guide to 5G
A glob­al over­view

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13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
05/09/2022
Ger­man de­cision may ex­clude US sub­si­di­ar­ies with cloud pro­viders from pub­lic...
In a con­tro­ver­sial data-pro­tec­tion de­cision that has been the sub­ject of crit­ic­al dis­cus­sions, on 13 Ju­ly 2022 the Baden-Württem­berg Pro­cure­ment Cham­ber (Ref. 1 VK 23/22) ruled that even the pos­sib­il­ity...
28/06/2022
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
Chan­ging tech, chan­ging risks
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
26/05/2022
Schrems II: Re­ac­tions to the judge­ment and the su­per­vis­ory au­thor­it­ies'...
“Schrems II”: Opin­ions of the su­per­vis­ory au­thor­it­ies on Schrems II and re­com­mend­a­tions on the im­ple­ment­a­tion of the judge­ment in in­ter­na­tion­al data trans­fers On 16 Ju­ly 2020, the Court of Justice...
27/01/2022
Emer­ging Europe M&A Re­port 2021/2022
Fol­low­ing glob­al trends, the M&A mar­ket in emer­ging Europe surged in 2021— more money was spent on ac­quis­i­tions and in­vest­ments than in any of the pre­vi­ous sev­en years. After a re­l­at­ively poor show­ing in 2020, trans­ac­tion volume also bounced back to pre-pan­dem­ic levels. Not only did dir­ect ac­quis­i­tions and in­vest­ments fare well, but stock mar­ket list­ings also reached un­pre­ced­en­ted levels. Has the M&A mar­ket in emer­ging Europe scaled new heights?Wel­come to the 2021/22 edi­tion of the Emer­ging Europe re­port.
26/01/2022
Res­ults of IoT Sec­tor In­quiry out: Com­mis­sion con­firms con­cerns, con­siders...
1. In­tro­duc­tion On 20 Janu­ary 2022, the European Com­mis­sion pub­lished its Fi­nal Re­port on the con­sumer In­ter­net of Things (the “IoT”) Sec­tor In­quiry, which it launched in 2020 (see press re­lease...
10/01/2022
Tech­no­logy: a uni­fy­ing force
Com­pan­ies of­ten talk about the scourge of the silo, the farm­ing stor­age meta­phor that has come to rep­res­ent teams or de­part­ments that op­er­ate on their own. However, with tech­no­logy trans­form­ing vir­tu­ally every in­dustry on the plan­et, col­lab­or­a­tion across sec­tors has be­come es­sen­tial. Ad­di­tion­ally, the COV­ID-19 crisis has high­lighted the cru­cial role tech­no­logy, spe­cific­ally con­nectiv­ity, plays as the back­bone of our busi­ness world across all sec­tors, and once COV­ID-19 is brought un­der con­trol or even erad­ic­ated, it will prove es­sen­tial for so­cial and eco­nom­ic prosper­ity. For­ging links in di­git­al in­fra­struc­ture pro­jects Jonath­an Dames, a part­ner at CMS in Lon­don, says that his team’s prac­tice tra­di­tion­ally centred on so­cial and eco­nom­ic in­fra­struc­ture and en­ergy fin­ance, but is in­creas­ingly shift­ing to­wards di­git­al in­fra­struc­ture pro­jects, in­clud­ing fibre net­works and data centres.He says that these kinds of pro­jects re­quire close col­lab­or­a­tion between tra­di­tion­al pro­jects and pro­ject fin­ance law­yers and their col­leagues in Tech­no­logy, Me­dia & Com­mu­nic­a­tions (TMC), “We al­ways had cros­sov­er, and en­joyed great col­lab­or­a­tion with both the In­fra­struc­ture & Pro­jects and En­ergy Sec­tor Groups, for ex­ample, but now we are work­ing with the TMC Sec­tor Group much more closely be­cause we are fa­cing reg­u­lat­ory is­sues and re­gimes that we have nev­er faced be­fore such as Code Powers, the re­quire­ments of the Com­mu­nic­a­tions Act and re­lated le­gis­la­tion.“CMS has ex­tens­ive in­fra­struc­ture, en­ergy and tele­coms ex­pert­ise and is able to bring it all to­geth­er to cre­ate the skill set re­quired to de­liv­er long-term pro­ject fin­an­cing to tech­no­logy-based in­fra­struc­ture pro­jects.”Ad­di­tion­ally, the fund­ing of di­git­al in­fra­struc­ture pro­jects, such as the 10,000km El­laLink sub­sea cable between Brazil and Por­tugal, de­mands more com­plic­ated fin­an­cing struc­tures to cov­er the re­lated risks and cre­ate the op­tim­al cap­it­al stack to get the best all-in pri­cing. This has in­volved us­ing mezzan­ine fin­ance and vendor fin­an­cing for con­struc­tion, with a view to at­tract­ing cheap­er op­er­a­tion­al peri­od fin­an­cing in the me­di­um term. A sub­sea cable, cross­ing in­ter­na­tion­al wa­ters and land­ing in mul­tiple leg­al jur­is­dic­tions, is not, un­der­stand­ably, ex­posed to the same po­ten­tial threats and per­ils as a hos­pit­al or a con­ven­tion­al power sta­tion or a wind farm on a single site. So, not all the usu­al rules, mar­ket norms, leg­al con­structs and stand­ard mit­ig­ants ne­ces­sar­ily fit for a fin­an­cing of this type of as­set. Rise of the ma­chines The CMS In­tel­lec­tu­al Prop­erty (IP) Group has un­sur­pris­ingly been at the fore­front of tech­no­lo­gic­al in­nov­a­tion, sup­port­ing cli­ents in the iden­ti­fic­a­tion, pro­tec­tion and com­mer­cial­isa­tion of their IP as­sets. Tom Scourfield, Co-Head of the group, is based in Lon­don and Warsaw, two cit­ies well-known for their tech­no­logy in­cub­a­tion. He ob­serves, “We are not only see­ing an in­crease in the use of tech­no­logy in col­lab­or­a­tion, but much more fre­quently, col­lab­or­a­tion with tech­no­logy it­self.”Ar­ti­fi­cial In­tel­li­gence (AI) is a grow­ing area of fo­cus. Pat­ent ap­plic­a­tions for AI tech­no­lo­gies have in­creased by 170,000 since 2013, ac­cord­ing to a re­cent re­port by the World In­tel­lec­tu­al Prop­erty Of­fice (WIPO). In the field of AI pat­ents, there is cur­rently a fas­cin­at­ing de­bate around the ques­tion of pat­entab­il­ity of in­ven­tions cre­ated by AI ma­chines them­selves. Ac­cord­ing to Tom Scourfield, “Bey­ond pat­ents, we are also see­ing an in­creased use of AI in de­tect­ing and mon­it­or­ing coun­ter­feits and oth­er on­line brand harms. AI is also be­ing used to sup­ple­ment and sup­port the ana­lys­is of sim­il­ar­it­ies between com­pet­ing brands, wheth­er in terms of brand clear­ance or in­fringe­ment scen­ari­os.”Whatever de­vel­op­ments AI and oth­er in­nov­a­tion may bring, he thinks that one thing is cer­tain, “As IP law­yers, we al­ways have to be for­ward-think­ing, look­ing to pro­tect and se­cure com­pet­it­ive ad­vant­ages for our cli­ents in mar­kets and op­por­tun­it­ies that are not even fully es­tab­lished yet.” Pi­on­eer­ing new products Lon­don Funds part­ner Chris­toph­er Luck sees a real ap­pet­ite for new types of as­sets from the funds com­munity. He says that di­git­al tech­no­lo­gies are trans­form­ing the back-of­fices of as­set man­agers and are im­prov­ing the cus­tom­er ex­per­i­ence. Fund man­agers are be­com­ing bet­ter at stor­ing and har­ness­ing data, us­ing block­chain tech­no­lo­gies and plat­forms to make on­board­ing of know your cus­tom­er (KYC) in­form­a­tion and data pro­tec­tion a more stream­lined pro­cess. The use of smart con­tracts is also be­com­ing more pre­val­ent. Chris­toph­er Luck notes that the ad­vent of token­isa­tion, the pro­cess of con­vert­ing real as­sets in­to di­git­al rep­res­ent­a­tions (tokens) on a block­chain, has opened up the in­vest­ment mar­ket to a broad­er range of in­sti­tu­tion­al and re­tail in­vestors. “By demo­crat­ising or cre­at­ing more op­por­tun­it­ies for in­vestors, this is provid­ing ad­di­tion­al li­quid­ity in­to a num­ber of sec­tors, most not­ably real es­tate.” He says, “We are see­ing tokens at their most ad­vanced in the United States and Asia, and grow­ing in the UK and Europe.”  Un­der­stand­ing new en­vir­on­ments  In oth­er more tra­di­tion­al sec­tors, law­yers are in­creas­ingly be­ing ex­pec­ted to provide ad­vice on how to deal with the chal­lenges and op­por­tun­it­ies that tech­no­logy provides.Mark Ziek­man, Co-Head of the CMS Con­sumer Products Group, says, “In the con­sumer goods sec­tor, block­chain is mak­ing an im­pact, provid­ing the sup­ply chain and cus­tom­ers with a great­er de­gree of con­fid­ence in the proven­ance of a product and wheth­er it meets key sus­tain­ab­il­ity cri­ter­ia.”Cus­tom­ers, par­tic­u­larly mil­len­ni­als, are in­creas­ingly de­mand­ing in­form­a­tion around trace­ab­il­ity and audit­ab­il­ity to have con­fid­ence in FM­CG com­pan­ies, lo­gist­ics com­pan­ies and re­tail­ers.Fur­ther­more, Mark Ziek­man be­lieves that tech­no­logy in gen­er­al has played a pivotal role in ad­dress­ing wide­spread busi­ness dis­rup­tion caused by COV­ID-19, en­abling com­pan­ies to trans­form their busi­ness mod­els. Good ex­amples are res­taur­ants which al­most in­stant­an­eously changed their busi­ness mod­el to provide takeaways and food de­liv­er­ies. Shops shif­ted their fo­cus to selling on­line. These changes will not dis­ap­pear in the af­ter­math of the COV­ID-19 pan­dem­ic. Shift­ing reg­u­lat­ory land­scapes Reg­u­lat­ors con­tin­ue to face the on­go­ing chal­lenge of keep­ing pace with in­nov­a­tion and the new mar­ket dy­nam­ics it cre­ates. ESG factors have come to the fore in the minds of reg­u­lat­ors as well and this think­ing is only go­ing to in­tensi­fy. Cristina Reich­mann, a Bucharest based part­ner in the CMS Bank­ing & Fin­ance Group, says that reg­u­lat­ors are al­ways hav­ing to re­spond to new eco­nom­ic mod­els and pub­lic sen­ti­ments. She has seen fast dis­rup­tion in the bank­ing sec­tor CEE, “Ro­mania, for ex­ample, has a his­tory of in­nov­a­tion, pre­vi­ously emer­ging as a ma­jor in­ter­na­tion­al out­sourcing hub and then be­com­ing a fintech centre with a num­ber of uni­corns.” She points to agile bank­ing and fintech, which are provid­ing great­er ac­cess and a broad­er suite of ser­vices to cus­tom­ers, and with this comes reg­u­lat­ory chal­lenges. She says, “There are a lot of com­pli­ance as­pects to be met and solved.”
24/11/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
10/11/2021
COV­ID and ViCo: The End?
En­larged Board of Ap­peal de­cision G1/21 Back­ground Fol­low­ing an EPO press re­lease on 16 Ju­ly 2021, the En­larged Board of Ap­peal’s (EBA) de­cision on video­con­fer­en­cing (ViCo) was re­leased last week. We...
27/09/2021
Ex­pert Guide to ad­vert­ising reg­u­la­tions in North Mace­do­nia
Chapter 1: The frame­work boiled down 1. What are the rel­ev­ant laws which reg­u­late ad­vert­ise­ment in your coun­try? Law on Au­dio and Au­dio-Visu­al Me­dia Ser­vices;Law on E-Com­merce;Con­sumer Pro­tec­tion Law;Law...
Comparable
22/09/2021
“Friends of an ef­fect­ive Di­git­al Mar­kets Act” part 2 – France, Ger­many...
In May 2021, France, Ger­many and the Neth­er­lands pub­lished a non-pa­per with pro­pos­als to im­prove the Di­git­al Mar­kets Act (DMA). In this pa­per, the three mem­ber states, which refer to them­selves as “Friends...