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TMC | South Africa

TMC - Technology, Media & Communications

Fuelled by customer demand for cutting-edge products and increased supply of pioneering services, the sectors of technology, media and communications are each undergoing constant change. Innovation is key, and so tech and telecoms suppliers, and creators and distributors of media, need to protect their investments and maximise their commercial opportunities.

Sector convergence coupled with the rapid evolution of new technologies has also opened up a wealth of opportunities in your industry and you'll be well aware of the need to adapt, diversify into new business lines, and often to grow, while all the time complying with new regulatory requirements.

To tackle these challenges head-on, lawyers like us who understand your sector, on a regional and international basis make a real difference.

Our CMS team of specialist lawyers has been exposed to virtually every risk and challenge you face in the TMC sector and with our long-standing focus on Technology, Media and Communications, we are best placed to deliver innovative solutions through our disputes, corporate, commercial, banking, forensics, compliance, employment and tax practices.

What we offer

We offer the full suite of sector - focused services:

  • administrative and constitutional law
  • advertising law
  • commercial and business law
  • corporate governance and compliance 
  • cross-border corporate and M&A across Africa 
  • debt restructuring, business rescue & insolvency 
  • dispute resolution including litigation, arbitration and mediation 
  • due diligence investigations
  • electronic communications and website policies 
  • establishment of electronic banks and international licensing
  • funding arrangements 
  • information technology development contracts
  • legal implications of electronic commerce
  • licensing and regulation of the electronic communications sector
  • negotiating, drafting and finalising complex IT related agreements, including sophisticated outsourcing arrangements
  • online lottery and gambling
  • public procurement
  • tax
  • telecommunications M&A, corporate, commercial and regulatory advice, including Independent Communications Authority of South Africa related matters

The best thing about CMS is their credibility. They are credible in terms of their telecoms knowledge, their legal skills and their understanding of the business needs of the customer

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Data Protection & Privacy
The challenges arising from data are countless and inescapable in our maturing technological landscape. To future-proof your organisation, and unlock
The suc­cess­ful al­loc­a­tion of the high-de­mand ra­dio fre­quency spec­trum
On 26 Ju­ly 2019, the Min­is­ter of Com­mu­nic­a­tions pub­lished the Policy on High De­mand Spec­trum and Policy Dir­ec­tion on Li­cens­ing of a Wire­less Open Ac­cess Net­work ("WOAN Policy") to tackle the spec­trum...
In­sight in­to the Telkom lit­ig­a­tion on Spec­trum Li­censes
Tele­com­mu­nic­a­tions op­er­at­ors waited over 17 years for the tele­coms reg­u­lat­or, the In­de­pend­ent Com­mu­nic­a­tions Au­thor­ity of South Africa (ICASA) to re­lease spec­trum li­cences needed to lower data costs for...


Data Breaches: Pre­ven­tion is Bet­ter than Cure
Re­spond­ing to a data breach is a com­plex and bur­den­some task. Even if an or­gan­isa­tion is well-pre­pared and re­sponds ef­fect­ively to a data breach, the fal­lout may still res­ult in severe fin­an­cial, op­er­a­tion­al...
Data Breaches: Prac­tic­al Con­sid­er­a­tions
All or­gan­isa­tions are vul­ner­able to cy­ber-at­tacks. Cy­ber­crim­in­als will at­tack any or­gan­isa­tion from which they can pos­sibly profit or be­ne­fit (be it fin­an­cially or oth­er­wise). This is a press­ing loc­al...
The rap­id rise of cy­ber risk in South Africa
South Africa has in re­cent years seen a stark in­crease in the com­mis­sion of crimes re­lat­ing to cy­ber crime and/or cy­ber se­cur­ity breaches. It is thus no sur­prise that South Africa has rap­idly garnered...
How dis­clos­ure re­quire­ments em­power South Afric­an Data Sub­jects
One of the sig­ni­fic­ant con­di­tions for law­ful pro­cessing un­der the Pro­tec­tion of Per­son­al In­form­a­tion Act, 2013 (“POPIA”) is “open­ness”, which can be said to con­sist of two “pil­lars”. The pur­poses...
Man­aging Cross-bor­der Data Trans­fers
In South Africa, per­son­al in­form­a­tion may be trans­ferred to a third party or or­gan­isa­tion out­side of South Africa, provided that one of the per­mit­ted cir­cum­stances out­lined in sec­tion 72 of the Pro­tec­tion...
Im­ple­ment­ing POPIA with­in your or­gan­iz­a­tion - The Per­son­al In­form­a­tion...
Since its en­act­ment, the Pro­tec­tion of Per­son­al In­form­a­tion Act No 4 of 2013 (“POPIA”/”the Act”) has im­posed nu­mer­ous ob­lig­a­tions on vari­ous or­gan­isa­tions across South Africa to align their busi­ness...
The Role of Em­ploy­ees in Data Pro­tec­tion
Many or­gan­isa­tions, in pre­par­a­tion for the com­mence­ment of the Pro­tec­tion of Per­son­al In­form­a­tion Act No 4 of 2013 (“POPIA”), have com­mis­sioned and draf­ted world-class or­gan­isa­tion­al data pro­tec­tion...
One year in­to POPIA - tak­ing stock
1 Ju­ly 2022 marks the one-year an­niversary of the Pro­tec­tion of Per­son­al In­form­a­tion Act No 4 of 2013 (“POPIA”) com­pli­ance dead­line for all or­gan­isa­tions, as provided by the gov­ern­ment of South Africa...
Tech­no­logy Trans­form­a­tion: Man­aging Risks in a Chan­ging Land­scape
Chan­ging tech, chan­ging risks
To NFT Or Not To NFT? That Is The Ques­tion!
Crypto as­sets have re­volu­tion­ised the FinTech mar­ket due to the cryp­to­graphy tech­no­logy of block­chain. Crypto­cur­ren­cies are be­com­ing more main­stream and a word known by many fin­an­cial buffs. However...
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
In­sight in­to the Telkom lit­ig­a­tion on Spec­trum Li­censes
Tele­com­mu­nic­a­tions op­er­at­ors waited over 17 years for the tele­coms reg­u­lat­or, the In­de­pend­ent Com­mu­nic­a­tions Au­thor­ity of South Africa (ICASA) to re­lease spec­trum li­cences needed to lower data costs for...