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Technology, Media and Telecommunication

Technology, Media and Telecommunication

Technology, Media and Telecommunication

ALO’s maintains an interdisciplinary team in the domain of Technology, Media & Telecommunication experienced in handling technology transactions, M&A, data privacy and cybersecurity, intellectual property, finance, fintech, capital markets, antitrust and regulatory matters.

ALO’s lawyers combine extensive legal knowledge with a comprehensive understanding of the developments in the TMT market and the evolving regulatory landscape that influence business decisions. ALO has deep expertise with both disruptive technologies and the more traditional ones that support today’s digital economy.

Our lawyers have an in-depth understanding not only of the intellectual property laws applicable to the media and entertainment industry but also a strong grip over a broad spectrum of issues concerning this dynamic sector, including Regulatory Policy, Dispute Resolution, Due Diligence, Transactions, etc.

In this domain, ALO advises on:

  • Regulations and compliances – telecom, broadcasting, advertisement, e-commerce, digital payments, payment gateways, cable tv, OTT Platforms, social media.
  • Cyberlaws and Cybersecurity as per the Information Technology Act, 2000
  • Internet of Things (IoTs)
  • IP Protection Strategy
  • Health Tech
  • Artificial Intelligence
  • Fintech – Cryptocurrencies
  • Cloud services and computing;
  • Cross-border data flow requirements;
  • Cybersecurity and privacy contract development and negotiation;
  • Cyber risk management and incident response solutions;
  • Data hub relocation projects;
  • Data protection, privacy and cybersecurity audits, compliance risk assessment identify gaps and assist in structuring appropriate risk-mitigation mechanisms;
  • Data protection program development, including supporting consumer engagement activities such as marketing and advertising;
  • Data security, privacy and technology regulatory response and litigation;
  • Data disclosure requests from various government agencies and data breaches;
  • Development of security and privacy policies, best practices and procedures;
  • Mobile privacy issues;
  • Privacy breaches;
  • Privacy policies for organizations and their websites;
  • Restrictions on collection and use of consumer information;
  • Security incident investigation, response, and remediation;
  • Data privacy training to employees and management for employee sensitization and awareness

Technology

ALO has advised clients from across industries that operate globally and facing a unique set of data protection, privacy, and cybersecurity concerns, ranging from business strategy issues to transactions, and from cyber incidents to government investigations and litigation. Laws relating to innovative and disruptive technology though still nascent in India, primarily governed by the Information Technology Act, 2000 and the various Rules thereunder. The long-awaited Data Protection Bill, 2019 is expected to bring in a regime change so far as personal data security is concerned. Intellectual Property Rights are intrinsic to the TMT sector. India has a robust IPR regime which grant adequate protection to innovators and creators.

ALO provides its clients with a 360-degree view of cyber issues and ALO’s advise that is holistic, informed, and practical, and reflects industry and region-specific risks. ALO’s lawyers combine extensive legal knowledge with a comprehensive understanding of the TMT market and the regulatory aspects that influence business decisions. ALO has wide expertise with both disruptive technologies and the more traditional technologies that support today’s digital economy.

ALO regularly advises TMT clients across the full gamut of TMT subsectors including automotive and aeronautical, consumer technology, energy technology, fintech, Artificial Intelligence, big data, gaming, hardware, semiconductors, software, internet and e-commerce, media and telecommunications.

ALO advises clients on complex issues associated with both personal and sensitive business data, including its collection, use, storage, disclosure, transfer, and destruction. We counsel clients on legal compliance and business strategy relating to privacy and security risk management and cybersecurity and technology transactions. We also offer clients comprehensive legal advice on cyber risk management and incident response service which includes assisting clients in developing internal policies and procedures, drafting cyber incident response plans.

ALO’s clients include large corporate, government and specialist internet & data-rich companies operating across a broad range of sectors including financial services, life sciences, healthcare and pharmaceuticals, retail, insurance, energy, telecommunications, and technology.

Media

ALO has been exclusive advisors to several companies in the Media space for long years extending its services to corporate commercial advise on strategic, operational and dispute management.

ALO advised one of India’s largest entertainment and media network deals for restructuring entire cable operator distribution business-sensitive issues around Shareholder and Distributer, and dispute resolution management. ALO has been involved with the preparation of complete contractual documentation for arrangements with affiliates, Joint Ventures and Collaboration Contracts with Asset Companies.

ALO has also structured deals, negotiated and closed Licensing Contracts, Service Level Agreements and Implementation Contracts for software and associated facilities and services acquisition by television channel corporates, both domestic and international. ALO has also advised its client on matters pertaining to unauthorized and illegal use, reception and transmission of television signals, violation of channel subscription terms and conditions and infringements under the Copyrights.

ALO has structured deals relating to distribution network through Direct to Operator Subscription Agreements, Channel Distribution Agreements, Dealership Agreements, Pay Channel Agreements, Lease Agreements of Equipment and IRDs, etc. ALO has also supported the preparation of Advisory Memorandums on aspects of up-linking guidelines.

In the Print Media space, ALO advised in the partial acquisition of one of the largest English dailies being the first FDI in print media and provided end to end solutions. ALO has been involved in complete transaction structuring, negotiations and documentation, preparing due diligence reports and advising on implementation, execution and closing of the acquisition.

ALO has also advised large media houses on internal regulatory compliance issues and listing issues with the admission of stocks on stock exchanges. Print media being a sensitive sector, the investments in this sector were advised and supported by ALO through innovative and challenging contractual relationship captured under Content Provision Contract, Name License Contract, Technical Know-How Contract.

The Media Sector in Indi is governed by a plethora of legislation and regulatory guidelines. The major legislations include  the Prasar Bharti Act, 1990 (for government owned broadcast media) and the Cable Networks Act 1995 and the rules framed thereunder. The institutional structures and government bodies regulating the sector include the Ministry of Information and Broadcasting (MIB). With the object to provide regulations of the printing presses and periodical news for the preservation and registration of books, Press and Registration Books Act, 1867 was enacted. So far as digital media is concerned, the Government is still in the process of framing specific rules and regulation under the aegis of the Information Technology Act, 2000.

Telecommunication

ALO has a robust telecommunication practice both in the regulatory sphere and litigation. It has vast experience in handling telecommunication issues involving in-depth understanding of technical knowhow, telecommunication laws and regulatory regimes/ rules which inter alia include drafting, negotiating, finalization and closing of the joint venture agreement; obtaining foreign investment approvals, reselling of bandwidth and telecom resources, tariff, license fee/ adjusted gross revenue etc.

ALO represents its clients in regulatory proceedings, consultations with regulatory authorities on various matters (such as relating tariff determination, licensing and adjudicatory proceedings) and also before the Telecom Regulatory Authority of India (TRAI) and the Telecom Disputes Settlement & Appellate Tribunal (TDSAT), arbitral tribunals, the High Courts and the Supreme Court of India.

ALO has extensive experience in advising and assisting companies (licensees) in operating in the telecommunication sector including international carriers, mobile and landline telecom operators, internet service providers etc. on complex legal and regulatory issues.

ALO has also advised leading corporate houses in the telecom sector in eminent transactions including acquisition of VSAT networks, joint ventures and collaboration agreements.

Telecommunications and the mobile & Internet connectivity in India are governed broadly by the various pieces of legislation like the Indian Telegraph Act, 1885 and the rules framed thereunder, Wireless Telegraphy Act, 1933; Telecom Regulatory Authority of India Act, 1997, and regulations, orders and directions issued by TRAI; and circulars and directions issued by the Department of Telecommunications (DoT).

Asia Law Offices advised a major transnational strategic collaboration between its client, UAE-Based Pharmax Pharmaceuticals, and Swiss pharma major Acino Pharmaceuticals.

ALO represented Pharmax in the structuring and closure of entire transaction documents of the significant collaboration.

The collaboration framework extends to licensing, manufacturing, and supply of Acino formulations within the gastroenterology and the cardiovascular space throughout the Middle East and Africa.