Technology, Multimedia & Telecommunications
The firm’s TMT practice is highly recommended in the area of IT, Telco and Media in Asialaw Profiles 2015 – 2018. It is also highly ranked in the 2015 – 2020 publications of Asia Pacific Legal 500 and the 2019 edition of Chambers Asia Pacific. In the In-House Community Survey 2011 and 2015 conducted by the legal publication ASIAN-MENA COUNSEL, the firm received honourable mention in the category of Telecommunications, Media & Technology, among others.
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.”’
- ‘Tong Lai Ling leads the team which 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.’
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. We also act as escrow agents in respect of source codes, particularly for financial institutions.
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, registration of domain names, 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 world’s first Digital Free Trade Zone in 2017), 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.
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 notable project that we were involved in was the mobile number portability (MNP) clearinghouse services project spearheaded by the Malaysian Communications and Multimedia Commission (MCMC) where we represented the MNP clearinghouse in respect of its agreements with the MCMC and the mobile cellular providers.
Multimedia Super Corridor and Flagship Applications
We were involved in Multimedia Super Corridor (“MSC”) initiatives from their inception, having negotiated, structured and prepared documentation for three MSC flagship applications, i.e. Smart School, Government MultiPurpose smartcard and e-Government.
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.
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. Our experience also includes advising on domain name disputes and arbitration proceedings under the ICANN Uniform Dispute Resolution Policy against cybersquatters.
Our clients are diverse, including technology vendors, service providers, start-ups, multinationals, financial institutions, insurance companies, telecommunications companies, manufacturers and retailers.