TMT in Malaysia
Christopher & Lee Ong's TMT offering is orchestrated by established IT expert Deepak Pillai. Providing clients with 'highly specialised' work complemented by 'top quality drafting', it is particularly known for its work in the banking, financial and telecommunications sectors. Regulatory specialist KuokYew Chen works with data protection lawyer Intan Haryati; Anissa Maria Anis (media and entertainment) and senior associate Yong Shih Han (information security) in supporting the firm's broad caseload. Recent highlights include representing one of only three licensed digital asset exchanges (DAX), as well as filing a preparatory response to a Public Consultation Paper (Review of the Personal Data Protection Act 2010).
‘Highly specialised in TMT. Top quality drafting and specialist in IT legal advice.’
‘They take the time to assess client needs and then address the legal work‘.
One of the three entities granted conditional approval by the Securities Commission Malaysia
The Association of Banks in Malaysia
One of the largest communications arms of a global listed conglomerate
One of the largest Malaysian reinsurance company
A leading Malaysian universal bank headquartered in Kuala Lumpur and operating in high growth economies in ASEAN
A German multinational pharmaceutical and life sciences company, and one of the largest pharmaceutical companies in the world
A Malaysian universal bank, with presence throughout the ASEAN region and ranked as one of Malaysia’s most valuable bank brands
A video game developer and publisher based in South Korea, which develops, publishes and services mobile and PC online games
A global provider of enterprise software support products and services listed on NASDAQ
A multinational financial services company based in Canada and one of the largest banks in Canada by market capitalisation
- Represented one of the three entities granted conditional approval by the Securities Commission Malaysia to operate a digital asset exchanges (“DAX”) platform. This matter is significant as the recognition of DAX broadens the range of digital investment opportunities available to Malaysians and provides the basic legal framework for market operators that previously conducted business without regulation and at the consumer’s own risk. It also required us to delve into an entirely new area of regulation in Malaysia for the trading of digital assets, address a myriad of new legal issues and forecast future legal issues that could arise in relation to the conduct of the Client’s business and provide for the same in the Trading Rules.
- Appointed by ABM to assist in preparing feedback to the Public Consultation Paper No.01/2020 on the Review of the Personal Data Protection Act 2010 (“Public Consultation Paper”), issued by the Personal Data Protection Commissioner (“Commissioner”) in February 2020. Considered the impact of each of the proposed suggestions in the Public Consultation Paper in light of the business operations of Malaysian banks, and collated and considered the individual feedback submitted by 16 Malaysian banks, weighing the differing opinions of member banks to arrive at a common position acceptable to all.
- Appointed by the Client to assist in preparing a response to the PI Paper (“Response”). Our brief was to assist them to put a case forward that industry players alike could rely on a fair distribution of spectrum based on which the Client would be able to strategise, collaborate with other operators and make the necessary investments in infrastructure required for the successful roll out of 5G in Malaysia. After having re-evaluated its initial positions based on the responses to the PI Paper, MCMC published its decision in December 2019. MCMC decided it would prioritise the planning for 5G to achieve the speed and coverage goals of broadband in Malaysia in the most cost-efficient manner by encouraging collaboration among operators, which was very much in line with the proposal of the Client and the industry overall as it would cut out unnecessary duplication by competing networks.
Known for her role in establishing the National Digital Identity framework, IT expert Adlin Abdul Majid heads the TMT offering at Lee Hishammuddin Allen & Gledhill. Notable for its regulatory advice in telecoms, the team also handles related litigation and arbitration on behalf of major industry leaders. In addition, it handles outsourcing matters affecting the IT sector and increasingly covers fintech and cloud computing issues. Moreover, the firm addresses legal issues pertaining to both GDPR and the Malaysian Personal Data Protection Act. These include data processing agreements as well as cross-border transfers of personal information. G. Vijay Kumar is experienced in disputes and recently represented Webe Digital in a multi-part defamation suit.
Other key lawyers:
‘The firm has a very broad practice in various fields. The partners in each of the fields are well-versed in their area of practice‘.
Skrine's advisory and compliance expert Charmayne Ong coordinates the firm's TMT offering. Including Jillian Chia Yan Ping (covering privacy and data protection) and Natalie Lim Yen Kuan (regulatory advice), it handles a wide variety of matters. Specifically, it has recently addressed telecoms issues relating to the deployment of fibre optic cables, use of satellites, establishment of earth stations, over-the-top service offerings, 5G, and remote working. Clients can also benefit from its track record in securing regulatory approvals for spectrum assignments as well as general licences. In addition, a core part of the team's work involves drafting and negotiating contracts as well as dispute resolution services when required.
‘Incredibly responsive, quickly and effortlessly understand what is required and deliver the right product, on time and within budget’.
‘Charmayne Ong Poh Yin – Charmayne is very responsive and always delivers high quality work. Natalie Lim – Natalie consistently provides high quality advice in a succinct and appropriate way, delivering advice on technical issues in a way which is always comprehensive but easy to understand‘.
The technology, multimedia and telecommunications team at Raja, Darryl & Loh advises clients on IT systems (including software development), cloud services, e-commerce, AI applications and telecoms. Expert in the Communications & Multimedia Act 1998 as well as the Personal Data Protection Act 2010, it advises an increasing number of fintech clients on various matters. In particular, this includes the licensing and operation of digital exchanges as well as the establishment of initial offering platforms. Lead partner Lai Ling Tong works with both domestic and foreign operations and is expert in matters such as cyberlaw, foreign equity restrictions, encryption and the Internet of Things.
‘Great working knowledge of local law developments in Malaysia and trustworthy team that delivers reliably on my matters/instructions‘.
‘Tong Lai Ling has strong TMT and data protection capabilities and knowledge‘.
Heineken Malaysia Berhad
- Advised a leading technology company in respect of a contract for automated central repository password safe-keeping software.
- Advised a bank client on the review of its outsourcing agreement template.
- Advised a public-listed property developer company on and prepared an agreement for a visitor management system software between the client and a service provider.
Characterised as 'efficient' and 'dynamic', the TMT section at Shin Associates is renowned as one of the few dedicated media and entertainment offerings in Malaysia. Lead partner Jessie Tan 'provides very careful advice' and is known for her role in establishing the Film in Malaysia Incentive. More broadly, the firm handles the application of commercial (and corporate) law to entertainment and the arts, areas in which it advises on production, financing, film distribution and merchandising. It recently welcomed Liew Sue Yin, formerly of Foong & Partners. Joel Prashant is another name to note.
‘Very personalized service with focused attention based on our needs‘.
‘Very supportive, professional & really understand IP Law & business sense’.
‘The team is efficient, dynamic and always delivers in good time‘.
‘Proactive engagement and quick response times‘.
‘Jessie Tan provides very careful advice for the client’s reference. Joel Prashant: very prompt delivery‘.
‘Jessie Tan: A very knowledgeable individual on matters beyond her field of expertise. Will always support and efficiently contribute to all subjects we need advice on. Joel Prashant: A hardworking individual who looks into matters thoroughly before giving us advice. Will always revert to us with valuable & beneficial correspondence and contracts, etc in detail which is a great help to us‘.
‘Jessie Tan – extra careful in advice provided to client. Joel Prashant – very prompt in his delivery‘.
‘Liew Sue Yin always puts in the requisite time and attention to client matters and spares no effort in ensuring delivery of high quality work products‘.
Enfiniti (M) Sdn. Bhd.
Lil Critters Workshop Sdn. Bhd.
Lemon Sky Animation Sdn. Bhd.
Supernova Media Sdn. Bhd.
Barking Cow Media Group Sdn. Bhd.
Universal Music Sdn. Bhd.
- On behalf of Supernova Media Sdn. Bhd (“Supernova”)the firm was involved in the preparation of the Malaysian production documentation for the production of a docuseries; including the preparation of the release documentation; crew agreements and other related documentation.
- Advised Barking Cow Media Group Sdn. Bhd on the preparation of the entire gamut of the Malaysian production documentation for the production of a film; including the preparation of the cast agreements; crew agreements and location release agreements; and other related agreements.
- Assisted Lil Critter Workshop Sdn. Bhd. (“LCW”) with the exploitation of the BB Series on a global basis through the preparation of various licensing and distribution agreements with broadcasters.
Wong & Partners
With more than 30 years' experience in the sector, WIPO and ADNDRC member Kherk Ying Chew orchestrates the TMT group at Wong & Partners. Providing clients with advice on the full scope of transactional matters, it covers licensing, regulation, dispute resolution, data protection, commercial contracts and insolvency. Key industries covered include healthcare, finance and telecoms, sectors in which the team assists with the outsourcing, bidding and tendering processes. Cutting edge matters are also pursued with e-payment systems, fintech and disruptive technology being three areas where it provides advice in relation to domestic regulations. The firm recently welcomed partner Sonia Ong, an IP expert from an in-house position.
Other key lawyers:
Navis Capital Partners
Mohamed Ridza & Co
Clients benefit from advice on a range of TMT issues from the team at Mohamed Ridza & Co. Overseen by Mohamed Ridza Abdullah and Mohamad Nazran Basirun, it is specifically known for handling regulatory matters concerning both software and e-commerce. In addition, the firm advises in relation to personal information as well as the drafting of comprehensive data protection clauses. Recent highlights include the establishment of a crypto asset exchange (serving as a trading platform) and the imposition of acceptable use obligations, warranty limits and iteration of liabilities for an Islamic finance portal.
With a focus on patents, life sciences and IP litigation, Timothy Siaw heads the TMT offering at Shearn Delamore & Co. Notably, the team is drawn from a cross-section of disciplines (including competition law) and features Janet Toh Yoong San, a specialist in the negotiation of software development, customisation and licensing agreements. In particular, the firm recently acted for Spacegen on a third party application to utilise its technology to analyse raw satellite images.
Other key lawyers:
Spacegen Sdn Bhd
LAW Partnership's TMT offering is led by sector expert Suaran Singh Sidhu . Counting Sony Music Publishing as a recent client win, it also welcomed former Shearn Delamore & Co partner Ameet Kaur Purba in April 2020. Key matters pursued include: defamation, data breaches, artificial intelligence, e-commerce, industrial technology, the Internet of Things and blockchain. The team also assists with regulatory and compliance matters (with a noted emphasis on music publication).
Other key lawyers:
Naqiz & Partners
Following the departure of Brian Lew, the TMT offering at Naqiz & Partners is now led by Naqiz Syed Shahabuddin. Knowledgeable in sectors such as data privacy, cloud computing and systems integration, he brings more than 20 years' experience to the position. More broadly, the team covers artificial intelligence, big data, fintech and matters within the purview of the Communications and Multimedia Act.
Three partners lead the TMT section at Rahmat Lim & Partners: Pauline Khor, Azman bin Othman Luk and Wan Kai Chee. Their respective areas of expertise are intellectual property and ancillary rights, financial transactions and capital markets. The team assists in both contentious and non-contentious matters and can handle complex issues such as large-scale outsourcing with international elements. Clients also benefit from advice on commercial agreements, research and development and distribution. Recent areas covered include app technology, healthcare and flexible working.
The TMT offering at Tay & Partners is directed by Lin Li Lee. Covering key sector issues such as: patent infringement, trade marks, copyright, industrial designs and passing off, it counts HBO Asia Warner Media within its diverse portfolio. In broader terms, work is attracted from industries including banking, electronics, education, maritime and pharmaceutical and telecommunications.
The TMT team at Zul Rafique & Partners is headed by Darren Kor Yit Meng: 'known for his legal knowledge and client responsiveness'. The team has extensive experience representing major communication providers (both fixed and mobile) and counts Telekom Malaysia as a key client (it successfully defended the company in an access dispute matter initiated by YTL Communications).
‘Darren Khor is known for his legal knowledge and client responsiveness‘.