Law Firm VanEps Kunneman VanDoorne

Telecommunication, Media & Technology

The Telecommunication, Media & Technology (TMT) industry includes: cable and satellite, traditional content-rich media such as film, music and publishing, and technology driven sectors such as software, e-commerce and IT services. Although the many different sectors are in different stages of development, we would argue that their common denominator is convergence. This requires new management strategies and local governments are very much involved in the developments.

The E-commerce sector is growing rapidly and Curacao, for example, has its own state-of-the-art E-commerce Park hosting many e-zone companies. In addition, depending on the location, there is fierce competition. For example, on several islands companies offer a wide variety of telecommunication services.

We have assisted the Netherlands Antilles with the drafting of national legislation related to electronic transactions. This legislation has ensured that the country is now one of the leaders in the international E-commerce sector. Furthermore, our services include preparing software and outsourcing agreements, counseling E-commerce and telecommunication start-ups on regulatory issues, as well as advising on data protection, internet related forms of liability and the interpretation of electronic contracts.

Also we regularly advise on online gaming and betting structures and assist in the application of the necessary licenses. In the telecom sector we have been involved in acquisitions and represent providers in cross connect and interconnection disputes against local incumbents. In general terms, dispute resolution in the industry forms an integral part of our practice.

Our small and dedicated team – the only of its kind in the region – consists of several specialized associates.

Recently we have assisted:
  • An international telecommunications company in a cross-border dispute.
  • Columbus Networks in the acquisition of a local legal entity, including the license for a television broadcasting station pursuant to which offering of internet, telephone and television will be possible
  • Digicel, a mobile telephone provider, in its restructuring and refinancing
  • Long distance telecom service provider against local incumbent
  • Regional leading telecoms company Digicel in respect of new regulations and in proceedings regarding concession terms.
  • State-owned telecom provider UTS in a dispute with the Curaçao Court of Audit (Algemene Rekenkamer Curaçao or ARC), who had been instructed by the Parliament to audit the regulatory and efficiency of policies at the company.
  • Telecommunications company TelEm in St. Maarten with the employment aspects of their complex restructuring in 2013, transferring employees from different entities to the operating company and dismissing employees who were unable to make such transfer.
  • Telecomprovider UTS in a dispute with the Curaçao Court of Audit, which was instructed by the Parliament to audit the regulatory and efficiency of the policy in state-owned company UTS.
  • TelEm, the St. Maarten based telecom company, as general counsel
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