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Overview
Yoon & Yang’s TMT Team offers optimal legal advice on regulations related to the Telecommunications Business Act, the Information and Communications Network Act, and the Mobile Device Distribution Improvement Act to facility-based telecommunications service providers (FSPs) and value-added telecommunications service providers (VSPs), regulations related to the Broadcasting Act, the Act on Broadcast Advertising Sales Agencies, and the Framework Act on Broadcasting Communications Development to broadcasting business entities, and regulations under the various laws on privacy, data protection, and location information as well as legislative response services for improving such regulations. Comprised of professional attorneys and former officials who served at the Ministry of Science and ICT, the Korea Communications Commission, and the National Intelligence Service who are capable of immediately responding to various government activities, such as the discussion of new regulations following the convergence of broadcasting communications (such as OTTs) and the establishment of guidelines for new data-based industries (IoT, AI, self-driving cars, and others), among others, the Team provides tailored services reflecting the latest TMT trends.
Key Services
Regulations on broadcasting and communications
- Responding to regulations on ownership, advertising, programming, and content review under the Broadcasting Act and offering related legal advice
- Responding to broadcasting station permits/approvals and registration, approval for change of largest investor, and M&As
- Offering legal advice on businesses related to the Broadcasting Communications Development Fund and the ICT Promotion Fund
- Responding to ex ante (registration/reporting) and ex post facto (prohibited conducts) regulations applicable to communications business entities (VSPs and FSPs) and offering related legal advice
- Responding to regulations on the provision of ICT services and the sale of telecommunications devices
- Responding to regulations on radio frequency allocation, radio station permits, satellites, communications equipment, radio wave management, and others under the Radio Waves Act
Disputes related to broadcasting and communications
- Handling mediation and litigation regarding disputes involving broadcasting and IPTV businesses under the Broadcasting Act
- Handling adjudication, dispute mediation, conciliation, and litigation between communications business entities under the Telecommunications Business Act (including the Information and Communications Network Act)
- Responding to investigations on violations of the Telecommunications Business Act, the Information and Communications Network Act, the Mobile Device Distribution Improvement Act, the Broadcasting Act, and the Act on Broadcast Advertising Sales Agencies
Regulations on privacy, data protection, and location information
- Responding to infringement investigations, privacy protection certification, and self-regulation inspections under the Personal Information Protection Act and conducting research on ways to promote various data-based new industries (IoT, drones, cloud computing, self-driving cars, AI, etc.)
- Responding to regulations on data protection certification, the designation of identification service agencies, and advertising information for profit under the Information and Communications Network Act and offering related legal advice
- Advising on new permits, assignment/merger reviews, and location-based service business reporting and responding to infringement investigations under the Location Information Protection Act
Representative Cases
- Privacy compliance services (Hyundai Mobis, Lotte Members, and others)
- Mediation and litigation regarding disputes related to the suspension of broadcasting and advertising transmissions
- Examination of public benefits upon entries and exiting of new businesses by communications business entities (LGU+, KT Powertel)
- New permit reviews and M&A reviews related to location information businesses
- Research activities on new industries (self-driving cars, AI, and others) by the Personal Information Protection Commission, and the Ministry of Science and ICT
- Research activities on issues and trends in broadcasting communications user protection
- Advisory services on violations of laws and guidelines related to the Broadcasting Communications Development Fund and the ICT Promotion Fund (KCA, NIA, and others)
- Advisory services on the Information and Communications Network Act related to the designation of identification service agencies
- Legal advisory services on investigations of violations of prohibited conduct/privacy infringement under the Telecommunications Business Act
- Advisory services on satellite frequencies (Intellian) and the 5G-specialized network business (mobile carriers)
- Legislative response services for improving the regulations under the Telecommunications Business Act, the Mobile Device Distribution Improvement Act, and others
