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Specialist Guide to the

Global Leaders in Media Law Practice

Changes to privacy laws are among the most important developments over the past year. South Korea’s National Assembly passed amendments to three privacy laws that took effect in August.

The new rules are intended to minimise previously overlapping data privacy regulations as well as develop a ‘data economy’.

The amendments introduce the concept of ‘pseudonymised data’, allowing data to be used in a more flexible way to an extent that is reasonably connected with the original purpose of collection.

Personal data can be used without the data subject’s consent if used ‘within a scope that is reasonably related to the original purpose of collection’ and ‘after considering whether the data subject’s rights would be infringed upon and/or measures to secure the integrity of the personal information have been properly taken.’

In August, South Korea’s media regulator announced it will form a group for local OTT media services to help them compete with dominant global competitors.

In other developments, the country’s video games market is expected to reach USD9.8 billion by 2026, according to Research and Markets.

South Korea is globally recognised as as a skilled gaming region, the fourth-largest market worldwide for video games.

The country has a strong gaming culture as well as infrastructure, receiving government support and benefiting from relaxed regulation.

SOUTH KOREA

TIER 1

The team at Bae, Kim & Lee has in-depth industry knowledge. The firm’s client base includes broadcast companies, advertising and event promotion firms, sports associations and individual performers such as actors and athletes. The practice represents several Korean cable television content providers, US networks and leading sports and animated programming channels. Hoo Dong Lee and Kap-You Kim are the firm’s key practitioners who also advise on copyright, licensing and intellectual property transactions.

Media lawyers at Kim & Chang advise some of the country’s most prominent clients. The firm has an established TMT division with 20 years of sector specialisation. Lawyers act for foreign broadcasting companies, online game developers and e-commerce companies. In highlighted work, the team represented iHQ, a leading Korean entertainment company and CU Media, a broadcasting programme provider, in the largest domestic transaction involving an entertainment content producer and a broadcast channel programme provider.

TIER 2

HMP Law’s entertainment, e-commerce and communications division assists with regulatory matters, corporate transactions and litigation. Lawyers advise on sponsorship contracts in the sports and entertainment industry and negotiate copyright agreements. The firm is also involved in legislative amendments of the broadcasting act.

Lee & Ko has two decades of industry specialisation coupled with in-depth coverage of cases connected with satellite broadcasting, online gaming and c-ecommerce. Department leader Kwang Bae Park has exceptional experience assisting clients with online regulatory issues such as privacy and advertisement. Mr Park is also an experienced litigator assisting with cases of ground-wave re-transmission between cable television companies and ground-wave broadcasting companies.

Yulchon acts for local and international clients from media and communications sectors. Lawyers advise on regulation and disputes regarding multi-channel pay-television platforms such as IPTV and satellite broadcasting. Other work relates to disputes and litigation between media and telecommunication corporations. Key practitioner Doil Son, who formerly served as a district court judge, focusses on mergers and acquisitions, data privacy and cyber security.

TIER 3

Copyright specialist Barun Law handles management and licensing of copyrights and related disputes. Lawyers act for entertainment and sports companies on diverse intellectual property matters. The practice brings together a range of service areas to provide extensive coverage of cases that involve antitrust, litigation and product liability.

With a broadcasting focus, Shin & Kim routinely assists with approvals, operations and mergers and acquisitions of cable, terrestrial and satellite broadcasters. In highlighted work, the team advised on a joint venture between SBS and CNBC and represented Next Entertainment World on investment by China’s Huace Film & TV. The team also advises on privacy and copyright matters.

The TMT division at Yoon & Yang provides cross-practice advisory and regulatory services, working closely with the entertainment and sports practice. Lawyers provide advice on antitrust laws and intellectual property to domestic and foreign companies investing in the local media market.