Technology, Media & Telecommunication

"They have a deep understanding of the technology industry and they also provided us with advice and opinion from a business perspective."

- Chambers & Partners Asia-Pacific

Overview

BKL’s Technology, Media & Telecom (TMT) Group, formed in 1988, was the first Korean law firm team to focus on telecom infrastructure, information technology and broadcast regulation. Over the past 30 years, our practice has expanded rapidly with the proliferation of laws governing information flows in Korea, making it a highly regulated jurisdiction in this regard. Throughout, BKL has been at the leading edge of Korean legal services, in every relevant area of industry, financial and data privacy regulation.

TMT Group specializes in telecom, online services and media, with focal areas including connectivity rules and data security. It also offers comprehensive regulatory advice in areas of new technology, such as mobility, blockchain, and AI. With our dedicated team of former government and industry professionals, we have unsurpassed expertise in regulatory know-how. Commonly, telecom and broadcast enterprises, as well as online and smartphone based services, must navigate significant license or registration requirements in Korea. Key agencies include the Ministry of Science and ICT, Korea Communications Commission (KCC), Personal Information Protection Commission (PIPC), and Financial Services Commission (FSC). In testament to BKL’s standards, we are often consulted by the regulators themselves for policy comment and issues of first impression. BKL has guided hundreds of clients through the requisites – often including technical and organizational standards – of the regulatory process.

We serve a wide spectrum of Korean and foreign-headquartered businesses, ranging from multinationals and local market leaders – major telecoms, broadcasters, financial institutions, online/app service providers – to mid-size innovators and fast-growing startups. TMT Group delivers, and our expertise builds on, intensive regulatory and transactional advice for a large cross-section of the media, online and app-driven space in Korea.

Technology

Our technology work serves many of the most innovative device makers and service providers in the world. For regulatory advice and transactional guidance, as well as top-tier litigation support, TMT Group has represented major smartphone and wireless appliance makers, as well as developers of leading edge technology such as 5G, “connected cars,” Big Data, FinTech, blockchain, software and open source, AI and robots, virtual reality, mobility and so on. We have extensive experience assisting financial institutions and online and app service providers on issues ranging from facility and data security, to user terms and business partner contracts. In recent years, members of TMT Group have been active in crisis management as well, advising online service clients in response to major data breach incidents and investigations.

Media

BKL’s track record in broadcast media is unsurpassed. TMT Group has been advisor to a “Big 3” TV broadcast network in Korea for over 20 years, and has assisted many broadcast companies and multiple system operators, in operating within the extensive range of regulation in this sector. Inter-system conflicts (among terrestrial, cable, satellite, IPTV), including those with and among new hybrid areas including OTT services, and broadcast and retransmission constraints, frequently give rise to issues tackled by our group. In particular, with regard to new media services, we offer support to our clients in legislative process participation and complicated regulatory compliance. With a robust understanding of the business environment and commercial norms, we have also handled a large volume of transactional work in this sector, ranging from negotiation of inter-operator fees to joint ventures for news, sports, entertainment and home-shopping channels. TMT Group offers comprehensive expertise across the range of transactional tasks, including without limitation program licensing, channel distribution, advertising sale, and has assisted clients coordinate outbound broadcast-sector investments in the Asia region, including China. 

Telecommunication

TMT Group is expert in every aspect of telecom regulations in Korea, having long advised all of the “Big 3” telecom infrastructure companies, together with many telecom-based service providers. We have handled a wide span of issues arising in the regulatory framework, including operating and investment restrictions, licensing hurdles and user protection rules, under the Telecommunications Business Act, Telecom Networks Act and related regulations. In addition to traditional telecom issues such as spectrum allocation and facility compliance, in recent years the focal areas of our practice have included the expansion in LTE service, 5G service, data center installation and transfer, cloud computing, subsea cable investment, and other frontier infrastructure projects. In the transactional sphere, BKL is widely recognized for its leading part in telecom sector M&A deal work over the past 20 years.

Key Services

Technology
Advise on regulations on broadcasting and communication equipment (e.g., frequency and radio equipment), and network stability
Advise on blockchain, software development and open source
Advise on areas of new technology such as autonomous vehicles, AI, FinTech and so on
Media
Advise on M&A transactions among broadcasters and with other telecommunications companies
Advise on disputes related to media publication
Advise on disputes between broadcasters over terrestrial retransmission fees
Advise on foreign media companies newly entering the domestic media market 
Telecommunication
Advise on distribution and allocation of frequency for mobile telecommunications businesses
Advise on telecommunications market entry regulations
Advise on various regulations related to telecommunications
Advise on M&A among telecommunications businesses and with other broadcasters

Representative Cases

Advised on filing for location information business (LIB) license and subsequent reporting of location-based service business (LBS) for an e-scooter sharing business
Assisted in obtaining government’s approval for acquisitions of major cable TV companies by telecom company
Advised on Tesla Korea’s reporting as a common telecom service provider, the first “connected car” provider to do so in Korea
Technology
Advised on filing for location information business (LIB) license and subsequent reporting of location-based service business (LBS) for an e-scooter sharing business
Advised on overall laws and regulations related to business in Korea for an overseas mobility company
Advised on launching and operation of a video SNS service in Korea
Completed a project that supported preparation of subordinate laws of the revised Passenger Transport Service Act
Advised on domestic market entry of leading overseas platform operators (including from the US and China)
Completed a project that involved global consulting on overseas terms of use and personal information compliance of a Korean web browser
Was the first in Korea to advise on open source related disputes and compliance
Assisted in responding to government regulations, including tax investigations, on the largest virtual currency exchange in Korea
Advised on Radio Waves Act certification standards for automobile parts
Media
Assisted in obtaining government’s approval for acquisitions of major cable TV companies by telecom company
Led litigation for a major satellite TV broadcaster re retransmission fees for terrestrial broadcast
Assisted in responding to government regulations on market shares for paid broadcasting
Completed research services for revision of the Act on Broadcast Advertising Sales Agencies, Etc.
Advised on changing the collection standards for the Broadcasting and Communications Development Fund
Led litigation for damages between cable broadcasting companies
Assisted, on many occasions, responding to media publication and coverage
Telecommunication
Advised on frequency reallocation
Advised on Tesla Korea’s reporting as a common telecom service provider, the first “connected car” provider to do so in Korea
Led litigation for violation of Internet network neutrality
Advised on JV partnership between Comcast and SK Telecom in e-sports business
Advised on compensation of damages related to fires at telecommunications business’ facilities
Led litigation in response to corrective actions and fines imposed relating to regulation of prizes
Advised on implementation of pledges to reduce telecommunications costs
Advised on an investigation into an Internet service provider’s access path change

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