TMT / Telecommunications, Media and Technology

Our TMT practice is robust and highly experienced, representing some of the largest multi-national telecommunications and technology companies with their operations in Thailand.

TMT is a fast and ever-changing area of law, especially in rapidly developing nations. The consistent and constant development of new technologies requires a TMT lawyer to be forward-thinking and adaptable. For our TMT clients, we keep abreast of developments. We remain aware of potential (and often novel) legal issues surrounding technological developments as they may apply to the law. 

Our technology practice focuses primarily on contractual agreements, often outsourcing, specialized customizations, licensing, implementations, and systems integrations for large enterprise users. We estimate the underlying value of contracts we have processed for our clients to date to be over 3 billion Thai Baht.

Our Telecommunications practice concentrates on the tightly regulated telecommunications and broadcasting sectors. Specifically, we are currently working with operators in telecommunications, broadcasting, OTT, and convergence technologies such as telematics and telemedicine.  We are also following developments in the AI sector, internationally as well as domestically.

Our Media practice covers various activities such as online gaming, e-commerce, online payment systems, advertising, film & television, OTT services, publishing, and defamation.

Clients have described the team, via publications such as Chambers & Partners as:

“Provides expert assistance with IT contracts and system integration, software development, cloud, and data privacy matters, acting for clients in the engineering, manufacturing, and media sectors.”

“Well placed to advise on e-commerce and broadcasting matters.”

The team has regularly been recognized as top-tier practitioners by various leading industry directories, including Asia Business Law, The Legal 500 (Asia-Pacific), and Chambers & Partners. In addition, the team leader, John P. Formichella, is in Who’s Who of Telecommunications Lawyers.

 

Representative TMT Matters

Formichella & Sritawat advises multinational corporations on sophisticated Telecoms, Media, and Technology transactions in Thailand, navigating intricate regulatory landscapes with precision and insight. The following anonymized examples highlight our experience across key subsectors.

Satellite and Space Infrastructure

  • Advised a global technology and satellite broadband provider on Thailand market-entry architecture for LEO satellite services, including landing rights, licensing sequencing, gateway constraints, and nationality requirements.

  • Advised a global satellite broadband operator on RF radiation exposure, MPE, and SAR compliance for customer terminals and devices in Thailand, where NBTC standards were undeveloped and enforcement risk was material.

  • Advised a global satellite services provider on Ka-band frequency use and operational compliance in Thailand, addressing spectrum coordination, licensing interaction, and ongoing operational constraints.

  • Advised an emerging satellite and connectivity provider on Thailand’s regulatory treatment of 5G Non-Terrestrial Networks and satellite-to-device services, including spectrum policy, licensing pathways, and alignment with international standards.

  • Advised a global satellite operator on ownership, governance, and operational control issues relevant to Thai foreign dominance doctrine, focusing on de facto control and post-launch enforcement risk.

  • Advised a NASDAQ 100 subsidiary on comprehensive satellite regulations, including Type 3 licenses, landing rights, gateways, and foreign ownership restrictions.

  • Advised on the deployment of a large-scale satellite broadband network, managing licensing, spectrum allocation, and cross-border compliance.
  • Facilitated market entry for a SEHK-listed mobile operator by navigating telecommunications licensing, Board of Investment incentives, and foreign business regulations.
  • Advised a NASDAQ 100 technology company on geolocation services and node ownership, resolving spectrum, landing rights, and foreign investment issues.
  • Advised a multinational law firm on reselling satellite services for aircraft in-flight connectivity, including ESIM licensing, aerospace regulations, Ku-band frequencies, and altitude restrictions.

Submarine Cable and Global Network Infrastructure

  • Provided compliance guidance for a Nikkei 225-listed telecommunications provider on international fiber optic systems spanning multiple continents.
  • Assisted an FTSE 100-listed operator with node licensing and infrastructure, ensuring adherence to PDPA and Cybersecurity Act requirements.
  • Advised a NYSE-listed cable provider on network operations, equipment importation, and local partnerships.
  • Secured Thailand’s first Type I International Gateway License for a Singapore-based data operator, navigating foreign ownership and licensing requirements.

Mobile and Enterprise Telecommunications

  • Advised a leading regional infrastructure and connectivity group on the acquisition of a Thai Type III telecommunications licensee, structuring the transaction and post-closing governance to comply with NBTC foreign dominance restrictions while preserving licence validity.

  • Advised a major international telecommunications operator on obtaining a Foreign Business Licence to support telecom and IoT services in Thailand, coordinating Foreign Business Act requirements with NBTC licensing and service classification.

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    Advised a foreign-backed telecom operator on post-transaction governance remediation to mitigate NBTC foreign dominance risk, embedding compliance into constitutional documents.

  • Conducted detailed diligence for a regional infrastructure group on the scope, validity, and permitted services under a Thai Type III telecommunications licence.

  • Structured operations for a TYO TOPIX Core 30 mobile operator serving enterprise clients in Thailand.
  • Obtained the inaugural IoT telecommunications license for an FTSE 100 subsidiary, setting regulatory precedents.
  • Delivered ongoing regulatory monitoring for NYSE- and NASDAQ-listed mobile operators on data retention, interception, and ISP obligations.
  • Advised a Thai telecom operator on procuring and importing a multimillion-dollar wireless network from a U.S. manufacturer.
  • Guided a Japanese firm on regulations for mobile apps, OTT platforms, and online TV distribution.
  • Advised a NASDAQ-traded VoIP provider on rolling out a global network platform, confirming software-based APIs are exempt from hardware-focused telecom regulations.
  • Counseled a Houston-based broadband wireless company on telecom licensing for satellite-based communications on offshore oil rigs in the Gulf of Thailand.

Data Centers, Cloud, and IT Outsourcing

  • Supported a multimillion-dollar hyperscale data center project for a NASDAQ 100 company, analyzing cloud regulations and government access under cybersecurity laws.
  • Advised on relocating technology manufacturing for a NASDAQ 100 entity, covering IP, labor, and export controls.
  • Structured data center operations for a NASDAQ-listed cloud provider to comply with licensing and PDPA standards.
  • Negotiated multimillion-dollar IT infrastructure projects for SET-listed industrials, including ERP, private cloud, and systems integration.
  • Managed regional IT outsourcing for European and Swiss multinationals, addressing multi-jurisdictional complexities.
  • Advised a leading NASDAQ-listed cloud services provider on PDPA compliance for collecting and processing biometric data in data center security protocols.
  • Resolved a multimillion-dollar contract dispute for a SET-listed conglomerate involving software licensing and cloud services with a global ERP provider.

Media, Broadcasting, and Content

  • Advised a regional media and entertainment group on Thai-law artist management and recording agreements supporting OTT exploitation, addressing IP ownership, royalties, and moral rights.

     

  • Advised a leading international streaming platform on collaboration arrangements with a major social media platform, focusing on IP alignment and Thailand-facing enforceability.

     

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    Advised international OTT platforms on bundled content distribution models in Thailand, addressing contractual allocation and consumer-facing risk.

  • Provided guidance on copyright, Film Board regulations, and permits for a NASDAQ 100 entertainment company.
  • Advised a NASDAQ 100 social media firm on Wi-Fi service cessation, KYC, and co-branding compliance.
  • Counseled a Hang Seng-listed OTT operator on content partnerships and event co-investments.
  • Assessed gaming law risks for a NASDAQ Stockholm-listed sports media company.
  • Supported online gaming compliance for a Hang Seng-listed media conglomerate.
  • Advised a SET-listed broadcaster on radio infrastructure leasing.
  • Guided a multinational media firm on newsgathering, libel, and accreditation.
  • Conducted due diligence on music publishing rights for a Euronext Paris-listed digital music company’s multimillion-dollar acquisition of a Thai catalog spanning over 2,000 works.
  • Advised a NYSE-listed media conglomerate on e-commerce and PDPA compliance for email/SMS marketing and subscription messages.
  • Counseled a Chinese internet technology company on safe harbor provisions for music copyright infringement on its social media platform.

FinTech, Payments, and E-Commerce

  • Advised a leading global payments and financial technology provider on the regulatory classification of CFD- and FX-related payment flows in Thailand, assessing exposure under Bank of Thailand, SEC, and payment services regimes.

     

  • Advised a leading global financial services provider on regulatory touchpoints, compliance obligations, and engagement strategy for payment platform operations in Thailand.
  • Advised an NYSE-listed payments company on global fraud-prevention technology rollout under Thai regulations.
  • Reviewed PDPA compliance for a NASDAQ-listed payments platform, integrating AML/KYC standards.
  • Conducted due diligence on e-payment operations for an LSE-listed provider.
  • Guided e-commerce compliance for a Hong Kong-based insurance broker’s financial platform.
  • Supported media licensing and tax incentives for a NASDAQ 100 entertainment firm’s film projects.
  • Advised a U.S.-based fintech SaaS provider on data protection, collection, international transfers, and security compliance under Thai banking, foreign business, and computer crimes laws.
  • Provided a comprehensive review of Thai data protection laws and policies for a multinational financial institution’s global compliance program.

Corporate and Regulatory Advisory

  • Provided quarterly regulatory oversight for an NYSE S&P 100 conglomerate across multiple sectors.
  • Conducted TMT law surveys for international firms on privacy, broadcasting, and cybersecurity.
  • Obtained Foreign Business and Type I Licenses for an FTSE 100 telecom subsidiary’s satellite services.
  • Expanded licenses for an SEHK-listed operator to include SIM resale and mobile data.
  • Negotiated submarine cable infrastructure agreements for an SEHK-listed carrier.
  • Advised a NASDAQ-traded provider on VoIP platform classification and rollout.
  • Guided cross-border telecom compliance for a NASDAQ-listed mobile operator.
  • Managed rights clearance for a NYSE-listed media conglomerate’s sporting events.
  • Reviewed fraud-prevention tech for an NYSE-listed payments firm.
  • Assessed legal risks for a NASDAQ Stockholm-listed sports media company on online betting services under Thailand’s antiquated gambling laws.
  • Conducted detailed diligence for a regional infrastructure group on the scope, validity, and permitted services under a Thai Type III telecommunications licence.

  • Advised a foreign-backed telecom operator on post-transaction governance remediation to mitigate NBTC foreign dominance risk, embedding compliance into constitutional documents.

     

  • Advised a multinational industrial group on amendments to a mission-critical enterprise IT master services agreement, restructuring audit, liability, and performance provisions under Thai law.

These matters reflect our firm’s consistent recognition in Chambers & Partners, Legal 500, and Asialaw.com. For inquiries, contact our TMT team.