Technology, Multimedia & Telecommunications

Recognition 

The firm’s TMT practice has been highly recommended and ranked by leading publications such as asialaw, Legal 500 Asia Pacific and Chambers Asia Pacific.

The recent accolades given in legal publications include:

• ‘Clients describe the team as “very professional and willing to go beyond what is required,” while further interviewees commend the team’s “commitment, quality and speed.”’
  
• ‘the team … is noted for “its knowledge of industry practice as well as legal advice …”’  
• ‘Raja, Darryl & Loh’s “really helpful” team ‘meets all deadlines without compromising the quality of its work’.
• ‘Combines knowledge of IT industry services, terminology and process with a good understanding of my company’s risk appetite and advise accordingly.’
• ‘Great working knowledge of local law developments in Malaysia and trustworthy team that delivers reliably on my matters/instructions‘.
• ‘Raja, Darryl & Loh is knowledgeable, efficient, prompt in its responses and understands the IT industry very well.’
• ‘They display the utmost professionalism and deliver the best customer service.’
• Deep subject matter expertise on all things TMT and data in Malaysia.’

Services

Technology Contracts 

Much of our practice involves drafting, reviewing and negotiating contracts and arrangements relating to the supply of technology systems and services, turnkey projects, cloud (SaaS and IaaS) agreements, outsourcing, maintenance and support services, service level agreements, software development and licensing, software distribution, network security and encryption. Such contracts are often large-scale and mission-critical agreements.

Recently, we advised a new bank in Malaysia (which is part of an international banking group) in respect of its procurement of a core digital banking solution and related services. In another project, we advised a global enterprise solutions provider in its project to digitalise and enhance its customer’s retail merchandising/enterprise system. The project involved the customisation, implementation, installation, testing and maintenance of the client’s end-to-end retail automation solution (software-as-a-service model).

We also provide the service of acting as escrow agents in respect of source codes, particularly for financial institutions. 

Digital Economy 

With the fast evolving technology landscape and the advent of the digital economy, we have experience in advising on contracts in a digital environment, social networking sites, website terms and conditions, on-line content review and compliance, consumer protection and marketing issues, internet payment and settlement systems, e-procurement, cybersecurity issues, regulatory and licensing requirements involving gaming, auctions and content provision services. In particular, we have advised e-commerce platforms and marketplaces on their agreements with service providers (e.g. payment gateway providers, website design and hosting providers) and merchants as well as warehousing and logistics regulatory requirements. We have also advised clients offering new technology products on compliance with the Digital Signature Act 1997.

Taking cognisance of the speed at which the digital economy is developing in Malaysia, and in view of the Government’s initiatives in this area (such as the launch of the Malaysia Digital Economy Blueprint), the firm is gearing up for more engagements from clients who will require legal advice on all related issues, including artificial intelligence, blockchain technology, smart contracts and machine learning. 

Telecommunications 

Clients often seek our advice on the regulatory and licensing regime under the Communications and Multimedia Act 1998 (including access, universal service provision, network, rates and content regulation and convergence issues), supply of equipment and services, interconnect and mobile data agreements, foreign equity restrictions and consumer forums. A recent notable project that we were involved in was where we acted for a telecommunications equipment and services provider in the provision of a turnkey system, advising the client in the agreement for the manufacture, supply, delivery, integration, installation, testing, commissioning, management, operation and maintenance of the same.

Corporate and Commercial 

Often working with colleagues from the Corporate & Commercial Practice Group, we advise on various asset and share acquisitions, joint ventures and shareholder arrangements in technology companies, including advising on the ownership and licensing of their software and associated IP rights, and regulatory issues.

Disputes 

From time to time, disputes arise from technology project rollouts. Our breadth of experience in technology contracts and our indepth knowledge of the industry enable us to negotiate and work out effective practical solutions for our clients. 

Clients 

Our clients are diverse, including technology vendors, service providers, start-ups, multinationals, financial institutions, insurance companies, telecommunications companies, manufacturers and retailers.