Telecommunications, Media & Technology (TMT)

Telecommunications, Media & Technology (TMT)

Our TMT practice is robust and highly experienced, representing some of the largest multinational telecommunications and technology companies with their affairs 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 nearly Thai Baht 3 billion.

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.

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 publications like Asia Business Law, The Legal 500, and Chambers & Partners. In addition, the team leader, John P. Formichella, is in Who’s Who of Telecommunications Lawyers.

An example of our experience may be found here:

  • Advising a NASDAQ 100 component multinational technology corporation on changes to Thai satellite regulations regarding ownership of landing stations.
  • Advised a Japan-based, Nikkei 225 component, global telecommunications, and Tier 1 computer networking services company operating fiber optic undersea cable systems and terrestrial facilities serving five continents, 24 countries, and more than 170 major cities on regulatory matters and commercial transactions. Advised on transit and peering links, VPNs, leased lines, audio and video conferencing, long-distance telephone services, managed services, dialup, colocation, and VoIP.
  • Advised Japan’s major mobile operator, listed on the TYO TOPIX Core 30, on structuring telecoms operations in Thailand to serve Japanese enterprise users based in Thailand.
  • Advised a Japanese law firm on laws applying to mobile application services provided in Thailand including on-line app platforms and offering an online television services via the messaging application. We were also advised on regulations and community standards surrounding use of emojis.
  • Advised a multi-national law firm on Thai telecom laws regarding provision of online audio and visual conferencing services including licensing requirements and structuring of services (both in terms of technology and location of service provider) to minimize Thai licensing requirements.
  • Advised a multi-national law firm on a comprehensive survey regarding application of Thai telecom laws and regulations to various commercial scenarios (VoIP, SIP trunking, UCaaS, audio conferencing etc.), licensing, foreign network ownership restrictions, and operating models for international VoIP services that would include traffic to and from Thailand.
  • Advised a NASDAQ multi-national internet/communications service provider on its Thailand-based contracts and regulations.
  • Advised a Thai telecoms company on the financing, purchase, and import of USD 7,000,000 wireless mobile network from US-based equipment manufacturer.
  • Advised a NYSE-listed cable operator on Thai telecoms regulations with respect to operating a carrier network, importation of telecoms equipment, and structuring strategic alliances with Thai telecoms operators to comply with Thai telecoms regulations.
  • Advised an LSE, NASDAQ, and FTSE 100 listed London-based telecom operator on licensing requirements for nodes and operations in Thailand.
  • Drafted Thailand section of World Competition Review of Media & Telecoms report, a top 15 ranked journal on European law.
  • Advised an SET-listed communications conglomerate Thai telecoms operator on all its agreements for the engineering, procurement, construction, and operation of a 1,500 km Synchronized Digital Hierarchy transmission network in metropolitan Bangkok.
  • Achieved for a Singapore-based multinational data network infrastructure operator the first Type I License for International Gateway Services issued by the Thai National Broadcasting & Telecommunications Commission.
  • Advising one of China’s largest state-owned SEHK-listed mobile operators on their entry into Thailand, covering telecommunications licensing and compliance, foreign ownership rules, and solutions, Board of Investment opportunities, licensing application procedures, and foreign business license procedures.
  • Advising DAX Component global automotive industry giant on Thai telecommunication laws in relation to telematics technology built into vehicles; 2018 saw us successfully apply for a license for this technology.
  • Provide constant, quarterly regulatory monitoring to an American multinational conglomerate listed on the NYSE, S&P 100, S&P 500 on a wide range of legal categories including labor, environment, and telecommunications & technology. We universally scan and detect regulatory changes that may be of relevance to the client’s main business, which is telecommunications, technology, and mass media & entertainment.
  • Provided survey advice to a NASDAQ-listed global software supplier on Bank of Thailand regulations regarding IT outsourcing by Thai registered financial institutions.
  • Advised, structured, negotiated, and drafted documentation on USD 30,750,000.00 information technology greenfield infrastructure build-out for one of Thailand’s largest concrete and aggregates industrial companies. Components of the transaction included enterprise software licensing for 2,000 end users (USD 3,000,000), systems integration service (USD 12,000,000), turn-key systems integration contracts (USD 15,000,000), turn-key private cloud data center services valued at USD 9,000,000 (complicated as this is a hybrid between private cloud and provisioning data center services), and other ancillary agreements such as software customization agreements and consulting services.
  • Reviewed, advised, and negotiated agreements on behalf of a European multi-national with a major American multi-national technology and consulting corporation for the build-out and implementation of a shared services IT platform for finance & accounting data processing across India. Shared data processing services covered the following: 42 ready-mix concrete plants, 30 manufacturing locations, 30 sales and marketing units, seven regional offices, and four corporate locations. (Value: USD 1,500,000)
  • Advised multi-national on agreements for the implementation of an ERP employee and manager self-services software platform across Indonesia, Sri Lanka, Vietnam, and Singapore. (Value: USD 700,000)
  • Drafted and negotiated software development contracts on behalf of the customer services division of a multi-national corporation for the design, build-out, and roll-out of a retailers’ loyalty CRM platform for mobile devices. (Value: USD 250,000)
  • Advised a multi-national corporation on termination of its regional (ASEAN) data center outsourcing contract and on the winding down provisions under the contract for transitioning services to both local data centers and the cloud. (Value: remaining corporate value if not terminated would have been USD 550,000)
  • Advised a UK law firm on registration matters to provide software related services in Thailand.
  • Advised a Hang Seng component internet technology company on Thai regulations regarding online applications.
  • Drafted IT services contracts for a publicly listed Thai cement company for the outsourcing of all data center, software programming (SAP platform), and ongoing operations of computer systems, help desk, end-user training, etc.
  • Drafted IT services contracts for a publicly listed Indian cement company for the outsourcing of all data center, software programming (SAP platform), and ongoing operations of computer systems, help desk, end-user training, etc.
  • Acted as lead counsel for a Swiss multi-national industrial company for a multi-million dollar outsourcing of its IT operations in SE Asia and India.
  • Advised and negotiated on behalf of Southeast Asia’s largest industrials in the cement, energy, and building materials sector a contract with a Japanese multi-national information technology equipment and services company on its IT/OT integration & contractor management and digital safety technology implementation.
  • Advised and negotiated an agreement on behalf of Southeast Asia’s largest industrials in the cement, energy, and building materials sector to develop and implement a GPS platform to manage its entire fleet of vehicles, including its concrete mixing trucks. The agreement had certain complex challenges as the platform had to be custom built as it was not based on a software solution but instead a web solution. The functionality requirements were complex insofar that the solution needed to map vehicles by longitude and latitude, track multiple vehicles simultaneously, track and report speed, start, stops, mileage, create geo fences, ability to calculate remaining distance, arrival times, driving time of drivers, etc.
  • Advising NASDAQ 100, DJIA component multinational technology company on the Thai law applicable to geolocation services. Specifically, our advice covered the criminal codes relating to data services. We also advised on telecommunication regulations addressing ownership of nodes in Thailand.
  • Advising a payment service provider on Thai e-money licensing regulations with regard to scope of services, AML, and KYC requirements.
  • Advising a London Stock Exchange company on due diligence of e-payment company operations as applied to its licensing scope.
  • Advising a NASDAQ-100 component entertainment company on media and film licensing, production agreements, and tax incentives in Thailand.
  • Advised a media company involved in internet sales concerning Thai e-commerce laws and compliance with the Direct Sales & Direct Marketing Act.
  • Advised a multi-national law firm on survey advice on Thai data protection laws.
  • Advised an Australian telecom operator on Thai broadcasting laws relating to the construction and leasing of radio broadcasting infrastructure.
  • Advised major international online gaming service on electronic payments via website for online gaming services. Advice included structuring for compliance with Thailand’s gaming and e-commerce laws.
  • Advised a publicly traded US film studio on Thailand’s Film Act, film rating process, and laws regarding film distribution.
  • Advised a multi-national law firm having no offices in Thailand on a comprehensive survey of Thai broadcasting laws, including regulatory requirements to obtain broadcasting licenses, foreign ownership restrictions, and various commercial scenarios under which an operator or service provider may legally provide services to consumers.
  • Advising multinational media conglomerate on the local licensing requirements for newsgathering activities in Thailand. Our advice covered specific aspects of the client’s business included opening a news bureau, engaging local and foreign journalists, selling news content, licensing requirements, and local libel laws.
  • A NASDAQ 100, S&P 100 media service and production company is another major international name that has recently benefitted from our deep knowledge of Thai TMT law, as we assisted with various important matters. We advised on:
    • Thai copyright law specifically with regard to moral rights regarding film production services performed in Thailand.
    • Thai law application to a television series development and option agreement with Thai writers, directors, and producers.
    • various Thai Film Board regulations, including tone and content regulations, for several television series developments with respect to legal distinctions between “local” vs. “international” productions and the corresponding permits required from the Thai Film Board for filming within Thailand.
  • Provided comprehensive advice on a start-up project for an industrial conglomerate listed on the SET, SIX, and Euronext for an online store to sell construction materials.
  • Advised a Hong Kong-based insurance broker on all aspects of Thai e-commerce and direct sales & marketing laws regarding an online comparison site for financial products
  • Assisted a Chinese media conglomerate listed on the Hang Seng on its burgeoning online gaming operations, including content licensing agreements and its terms of service for its OTT platform and advising on content rules for all online gaming applications, including depictions of violence and other sensitive material.
  • Advised a global content provider in the sports media space on Thai law aspects applicable to launching an online digital video streaming platform. In this context, we reported broadcasting regulations, IP rights, language requirements, ratings, content descriptors, captioning, accessibility and disability requirements, age-gating and access restrictions, guilds and collecting societies, content requirements, and censorship requirements, content licensing, and future legislation.