Home / Expertise / TMT – Technology, Media & Telecommunications
closeup of a red lighted cirucuit board

TMT – Technology, Media & Telecommunications

Russia

Fuelled by increased consumer demand for cutting edge products and low-cost services, your business is faced with the constant battle to offer ‘more for less’. 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 35 countries has been exposed to every risk and challenge you face in the TMT 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 help guide you towards the most commercially successful outcome.

Read more Read less
CMS Ex­pert Guide to 5G
A glob­al over­view

Feed

Show only
01 April 2021
Di­git­al Mar­kets Act: a new and fair busi­ness frame­work for large plat­forms
The European Com­mis­sion has pub­lished the draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (the “DMA”). The reas­on the Com­mis­sion pro­posed the DMA is that a small num­ber of large on­line plat­forms cap­ture the biggest share of over­all value gen­er­ated in Europe’s di­git­al eco­nomy, and these plat­forms have emerged by be­ne­fit­ting from sec­tor char­ac­ter­ist­ics such as strong net­work ef­fects, of­ten em­bed­ded in their own plat­form eco­sys­tems. These plat­forms rep­res­ent the key struc­tur­ing ele­ments in today’s di­git­al eco­nomy, in­ter­me­di­at­ing the ma­jor­ity of trans­ac­tions between end users and busi­ness users. A few large plat­forms in­creas­ingly act as gate­ways or gate­keep­ers between busi­ness users and end users, and en­joy a long-term, en­trenched po­s­i­tion, of­ten as a res­ult of the cre­ation of con­glom­er­ate eco­sys­tems around their core plat­form ser­vices, which re­in­forces ex­ist­ing entry bar­ri­ers.The DMA deals with those large on­line plat­forms act­ing as gate­keep­ers in di­git­al mar­kets. The DMA aims to en­sure that:these plat­forms be­have fairly on­line;in­nov­at­ors and tech­no­logy start-ups will have new op­por­tun­it­ies to com­pete and in­nov­ate in the on­line plat­form en­vir­on­ment without hav­ing to com­ply with un­fair terms and con­di­tions that lim­it their de­vel­op­ment;con­sumers will have more and bet­ter ser­vices to choose from, more op­por­tun­it­ies to switch their pro­vider if they so wish, dir­ect ac­cess to ser­vices, and fairer prices. Who are the gate­keep­ers? Gate­keep­ers are core plat­form ser­vices which meet the qual­it­at­ive and quant­it­at­ive cri­ter­ia set out in the DMA. Core plat­form ser­vices in­clude on­line in­ter­me­di­ation ser­vices, search en­gines, so­cial net­work­ing ser­vices, video-shar­ing plat­form ser­vices, num­ber-in­de­pend­ent in­ter­per­son­al com­mu­nic­a­tion ser­vices, op­er­at­ing sys­tems, cloud com­put­ing ser­vices, ad­vert­ising ser­vices in­clud­ing any ad­vert­ising net­works, ad­vert­ising ex­changes and any oth­er ad­vert­ising in­ter­me­di­ation ser­vices, provided by a pro­vider of any of the core plat­form ser­vices lis­ted above.A core plat­form ser­vice qual­i­fies as a gate­keep­er, if:it has a sig­ni­fic­ant im­pact on the in­tern­al mar­ket, which is pre­sumed if it achieves an an­nu­al EEA turnover equal to or above EUR 6.5 bil­lion in the three pre­ced­ing fin­an­cial years, or where the av­er­age mar­ket cap­it­al­isa­tion or the equi­val­ent fair mar­ket value of the un­der­tak­ing to which it be­longs amoun­ted to at least EUR 65 bil­lion in the pre­ced­ing fin­an­cial year, and it provides a core plat­form ser­vice in at least three Mem­ber States;it op­er­ates a core plat­form ser­vice which serves as an im­port­ant gate­way for busi­ness users to reach end users, which is pre­sumed if it has more than 45 mil­lion monthly act­ive end users es­tab­lished or loc­ated in the Uni­on and more than 10,000 yearly act­ive busi­ness users es­tab­lished in the EU in the pre­ced­ing fin­an­cial year;it en­joys a long-term, en­trenched po­s­i­tion in its op­er­a­tions or it is fore­see­able that it will en­joy such po­s­i­tion in the near fu­ture, which is pre­sumed if the thresholds in point b) were met in each of the three pre­ced­ing fin­an­cial years.   What are the gate­keep­ers’ main ob­lig­a­tions? Do’s and Don’ts     What kind of tools and powers do the Com­mis­sion and oth­er bod­ies have? The DMA grants powers and dif­fer­ent pro­ced­ur­al rights to the European Com­mis­sion and es­tab­lishes the Di­git­al Mar­kets Ad­vis­ory Com­mit­tee for is­su­ing opin­ions in is­sues re­lated to the DMA.The DMA gives the Com­mis­sion the fol­low­ing powers:to des­ig­nate core plat­form ser­vices that meet the DMA cri­ter­ia as gate­keep­ers;to re­view ad-hoc the status of gate­keep­ers on re­quest or on its own;to re­view at two-year in­ter­vals the status of gate­keep­ers;to spe­cify meas­ures to be taken by gate­keep­er to com­ply with the DMA;to sus­pend cer­tain gate­keep­er ob­lig­a­tions un­der the DMA at a gate­keep­er’s re­quest, if the gate­keep­er demon­strates that com­pli­ance with that spe­cif­ic ob­lig­a­tion would en­danger its eco­nom­ic vi­ab­il­ity;to ex­empt a gate­keep­er from cer­tain ob­lig­a­tions un­der the DMA on the grounds of pub­lic mor­al­ity, pub­lic health or pub­lic se­cur­ity;to ini­ti­ate mar­ket in­vest­ig­a­tions:lower-ro­manto ex­am­ine wheth­er a pro­vider of core plat­form ser­vices should be des­ig­nated as a gate­keep­er;in­to sys­tem­at­ic non-com­pli­ance by a gate­keep­er;to ex­am­ine wheth­er cer­tain ser­vices in the di­git­al sec­tor should be ad­ded to the list of core plat­form ser­vices and identi­fy prac­tices that might lim­it the con­test­abil­ity of core plat­form ser­vices or might be un­fair.The DMA grants in­vest­ig­at­ive, en­force­ment and mon­it­or­ing powers to the Com­mis­sion dur­ing its pro­ceed­ings, based on which the Com­mis­sion is en­titled to:re­quest in­form­a­tion from any un­der­tak­ings and from the gov­ern­ments and au­thor­it­ies of EU mem­ber states;ac­cess data bases and al­gorithms;in­ter­view any private per­son or leg­al en­tity to col­lect in­form­a­tion re­lat­ing to the sub­ject-mat­ter of an in­vest­ig­a­tion;con­duct on-site in­spec­tions at the premises of any un­der­tak­ings, in­clud­ing to­geth­er with aud­it­ors and ex­perts;or­der in­ter­im meas­ures against a gate­keep­er on the basis of a prima facie find­ing of an in­fringe­ment of ob­lig­a­tions un­der the DMA;mon­it­or the ef­fect­ive im­ple­ment­a­tion and com­pli­ance with the ob­lig­a­tions un­der the DMA.   What will the sanc­tions for non-com­pli­ance be? If the Com­mis­sion ad­opts a non-com­pli­ance de­cision in which it finds that a gate­keep­er does not com­ply with one or more ob­lig­a­tions un­der the DMA, the Com­mis­sion may fine a gate­keep­er.The max­im­um amount of a fine is 10% of the total world­wide an­nu­al turnover of the gate­keep­er in the case of a ma­ter­i­al breach of the ob­lig­a­tions un­der the DMA, and a max­im­um 1% in the case of a less ser­i­ous breach of ob­lig­a­tions un­der the DMA.The Com­mis­sion is also en­titled to or­der peri­od­ic pen­alty pay­ments of up to 5% of the av­er­age daily turnover in cer­tain cases defined in the DMA.In the case of sys­tem­at­ic breaches of the DMA ob­lig­a­tions by gate­keep­ers, ad­di­tion­al rem­ed­ies may be im­posed after a mar­ket in­vest­ig­a­tion. Such rem­ed­ies will need to be pro­por­tion­ate to the of­fence com­mit­ted. If ne­ces­sary and as a last re­sort, non-fin­an­cial rem­ed­ies can be im­posed. These can in­clude be­ha­vi­our­al and struc­tur­al rem­ed­ies, e.g. the di­vestit­ure of (parts of) a busi­ness.   What are the next steps? The European Par­lia­ment and Mem­ber States will dis­cuss the Com­mis­sion’s pro­pos­al ac­cord­ing to the or­din­ary le­gis­lat­ive pro­ced­ure, which will take at least 18 months. Once ad­op­ted, the Act will dir­ectly ap­ply across the EU and the core plat­form ser­vice pro­viders will have six months to pre­pare for the new leg­al re­gime.We will con­tinu­ously mon­it­or the status of the le­gis­lat­ive pro­cess and keep you up­dated on any changes to the draft text of the DMA.
31 March 2021
New rules of the game for book­maker gambling
The state reg­u­la­tion of the or­gan­isa­tion and con­duct of gambling and bet­ting on sports events will drastic­ally change in 2021 when Fed­er­al Law No. 493-FZ* comes in­to force in vari­ous stages. The key in­nov­a­tions...
29 March 2021
EDPS & EDPB re­lease joint opin­ion on the Data Gov­ernance Act
On 10 March 2021, the EDPB and the EDPS re­leased their joint opin­ion on the Data Gov­ernance Act (DGA), the European Com­mis­sion’s Pro­pos­al for a Reg­u­la­tion on European data gov­ernance. The DGA is an...
26 March 2021
Fines in­creased for per­son­al data pro­tec­tion vi­ol­a­tions
On 27 March 2021, Fed­er­al Law No. 19-FZ dated 24 Feb­ru­ary 2021* comes in­to force, which sig­ni­fic­antly in­creases pen­al­ties for vi­ol­a­tion of rules ap­plic­able to per­son­al data pro­cessing in Rus­sia. This...
24 March 2021
EDPB Guidelines on Vir­tu­al Voice As­sist­ants
The European Data Pro­tec­tion Board (EDPB) pub­lished its draft Guidelines 02/2021 on Vir­tu­al Voice As­sist­ants (VVAs), which are soft­ware ser­vices that take voice as an in­put, identi­fy and ex­ecute a com­mand...
12 March 2021
CMS Rus­sia ex­perts re­cog­nised in the Pravo.ru-300 in­di­vidu­al rank­ing
The lead­ing na­tion­al leg­al dir­ect­ory Pravo.ru-300 has re­vealed the re­com­men­ded law­yers across 29 areas of law.This year sev­en CMS Rus­sia ex­perts have been ac­know­ledged by the rank­ing this year. Pravo.ru-300...
19 March 2021
Di­git­al Health: data pro­tec­tion chal­lenges in Rus­sia
We in­vite you for a CMS Rus­sia we­bin­ar on data pro­tec­tion chal­lenges re­lated to di­git­al health in Rus­sia. Join our ex­perts Ir­ina Shur­mina and Vladis­lav Eltovskiy to learn about:Leg­al grounds for pro­cessing...
05 March 2021
CMS Ex­pert Guide: Data Law Nav­ig­at­or
Data provides a whole range of op­por­tun­it­ies but also in­cludes new and unique risks for com­pan­ies, gov­ern­ments and in­di­vidu­als. From sec­tor-spe­cif­ic nu­ances to loc­al derog­a­tions from the EU GDPR, sim­ul­tan­eously...
Comparable
12 February 2021
For­eign goods fur­ther squeezed out of Rus­si­an pub­lic pro­cure­ment
Quotas for goods of Rus­si­an ori­gin now ap­ply for state cus­tom­ers act­ing un­der Fed­er­al Laws No. 44-FZ* (state and mu­ni­cip­al en­tit­ies) and No. 223-FZ* (state-owned com­pan­ies). These changes were in­tro­duced...
08 February 2021
The Tech­no­logy, Me­dia and Tele­com­mu­nic­a­tions Re­view 2020
About the 2020 Re­view The Tech­no­logy, Me­dia and Tele­com­mu­nic­a­tions Re­view is­sued by Law Busi­ness Re­search Ltd oc­cu­pies a unique space in the lit­er­at­ure on TMT is­sues, aim­ing to provide a prac­tic­al...
27 January 2021
Most awaited leg­al de­vel­op­ments of 2021
CMS Rus­sia ex­perts have pre­pared their an­nu­al se­lec­tion of the most awaited leg­al de­vel­op­ments in Rus­sia in 2021.You can read de­tailed art­icles and re­com­mend­a­tions by our ex­perts on the forth­com­ing changes...
04 February 2021
Go to France
Are you plan­ning to start a busi­ness in France? Join us for the Go to France edu­ca­tion­al ini­ti­at­ive where CMS Rus­sia ex­perts will speak about the main as­pects of do­ing busi­ness on the French mar­ket. The...