Technology Media & Telecom

Technology Media & Telecom

Technology Media & Telecom

Practice Overview

The King Stubb & Kasiva’s Technology, Media and Telecom (TMT) team in India has a stellar reputation for TMT sourcing and disputes, intellectual property litigation and brand protection as well as data protection. We provide specialist legal services and advise for a wide range of TMT-related projects across all types of sectors.

TMT in India

The surging demand for reliable and innovative communications and information technology systems has driven phenomenal TMT sector growth in India.

Dedicated partner led TMT practices in each of our offices across India are committed to providing clients with the expert on the ground resources to benefit from the region’s growth.

What ares of technology do we cover ?

Our TMT team acts for both suppliers and customer organisations in both the public and private sectors.  Clients include technology suppliers, multinational companies, central Government departments, international telecoms providers and technology companies exploring new markets and products. Our team advises on all areas of commercial and technology related law including:

  • Technology and business process outsourcing;
  • Software and systems procurement;
  • Software development, licensing and distribution;
  • Intellectual Property;
  • Data Protection;
  • Internet and e-commerce;
  • Telecom;
  • Employment, compliance, regulatory and commercial advice.

We provide services and expertise to clients across the telecommunication industry. We provide expert advice on regulatory issues, carrier and spectrum licensing, negotiation of interconnection agreements. Further, commercial advice in relation to joint ventures and strategic alliances, tenders and contracts for the acquisition and supply of telecommunications equipment and carriage services are niche areas of our telecom practice. We draft and negotiate contracts for building network and infrastructure. We also prepare and present submissions to regulatory bodies, and conduct arbitrations on behalf of carriers.

Services Include :

    • Advising telecommunication companies on domestic and cross-border legal, tax and regulatory issues relating to the provision of telecom services, including obtaining relevant licenses and approvals for the same.
    • Advising on the legal and regulatory regime for telecom and related services in India, including advice on complex “techno-legal” issues relating to internet services, voice over IP, internet telephony, unified messaging services etc.
    • Drafting license/service agreements for our clients.
    • Advising our clients on their legal and regulatory framework for and the licenses required to obtain use of its Ku band satellite transponders.
    • Advising our clients on the licenses required for offering its space segment capacity to Indian customers and the legal and regulatory issues relating to the telecom and broadcasting sector.

Assessment and Audit

We provide evaluation of the company’s ability to maintain and communicate privacy and security policies and procedures that are compliant with applicable legal and contractual requirements. It evaluates the level of the company’s compliance with applicable laws. It also measures the employees’ awareness of privacy and security issues, and their understanding of the applicable laws, regulations, guidelines, standards, and jurisprudence. Commercial Contracts E-commerce, outsourcing, hosting, online business, cloud computing, storage, disaster recovery services, marketing, advertising, distribution, partnering, vendor, web wrap, SLA and numerous other services agreements allow service providers to have access to a large amount of personal data. Each of these transactions raises a wide variety of issues associated with the protection of personal data, from privacy to security, e-discovery to cross-border transfers, breach of security to identity theft. Each commercial relationship has its own idiosyncratic requirements, and there is no simple one-size-fits-all answer.

Cloud Computing

The success of a cloud computing arrangement depends in great parts on the extent to which the client has understood the risks that it was taking and has selected accordingly the types of data that could be hosted in the cloud. As privacy and security counsel to a business, we ensure that our client understands these risks. We draft and review the related terms of service, ease of access, ease of transmission, and ease of processing, etc.

Compliance with Data Security Laws

We assist each company that collects, processes, shares, stores, or disposes of personal data to ensure that these data are protected with the appropriate security measures. We also assist in arriving at appropriate security policies and procedures.

Compliance with Privacy Laws

Our compliance services aim at providing companies with the ability to understand the requirements of the numerous Indian data privacy laws that impact their businesses. These complex and ever changing laws, regulations, guidelines, and standards create requirements, restrictions, obligations, and prohibitions that affect most companies’ corporate or commercial transactions, marketing and business development activities, and interaction with their workforce.

Data Transfer and Sharing

Numerous laws and regulations restrict or regulate personal and financial data transfers to, or sharing with a third party. These transfers or sharing may require the prior consent of the individual data subject or the prior approval of the regulators. In most cases, they also require the negotiation of data transfer agreements or data use agreements that set the limits on the permitted uses, and include stringent requirements for confidentiality and security.

Dispute Resolution

In addition to the firms dispute resolution in our four offices, we have empanelled lawyers in over 350 courts and quasi judicial forum across 750 locations in India and actively assist clients specifically on dispute resolution, consumer disputes, vendor audits, insurance, real estate, criminal, tax and labour related matters in these jurisdictions.

IT Marketing & Sales and Product Liability

We assist in having good advertising, marketing and sales agreements that are critical ingredients for the expansion of a company. The use of personal data in connection with advertising, marketing and sales presents unique data protection challenges for companies. Companies invest in sophisticated advertising, marketing and sales tools in order to collect reliable personal data and build databases of personal data, so that they can target more efficiently the potential purchaser of their products or services.

Personal Data

Different issues arise depending on the nature of the data, and the types of promises that have been made to the individual data subjects. Customers, distributors, and other outsiders are usually subject to different agreements or rules than employees, contract employees, retirees and other insiders. Each of the related policies or contracts has to be examined separately.

Policy and Procedures

Since each company has its own DNA, its policies and procedures are also unique. A company’s privacy and security policies must reflect its actual practices, not those of another company’s. Companies have been penalized by regulators for failing to abide by, or acting contrary to, the representations made in these policies. We help draft and review these policies and procedures on a regular basis.

Security Breaches

A company’s task in the event of a breach of security is extraordinarily complex. The nature of the event, and its serious effect on individuals, require that the company ensure that it handles the breach as smoothly as possible. In addition to the need to comply, fully, carefully, and cautiously, with all applicable legal laws, and to make the required filings with the applicable agencies, a business that is affected by a breach of security must ensure that it interacts in an appropriate manner with the affected individuals, in order to limit the exposure to significant

financial consequences to the individuals and to the company itself. We assist in evolving good practices in the event of such breaches.

Social Media and Social Networking

Social networking sites provide children, young adults, and others with the ability to share with each other much personal data. However, with the many benefits of sharing information with friends and colleagues also comes the risk or danger that this information might also be accessible to unwanted parties, aggressive marketers, stalkers, or criminals. We assist in establishing their data handling practices, privacy policies, user tools.

Real Estate

We assist in conducting legal due diligence and providing opinions on the real estate and infrastructure required to conduct the business, including head offices, logistic godowns, factories, branch offices across different cities and towns, etc.

Intellectual Property

We assist in the prosecution, enforcement and dispute resolution relating to Trade Marks, Copyrights, Designs, Service Marks, Trade Secrets, Non Disclosure and Confidentiality agreements, etc.