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Baker McKenzie advises Media and Games Invest SE on its acquisition of Smaato

The transaction is in line with Media and Games Invest's defined strategy in the media segment, of seeking highly value-accretive acquisitions which increase its long-term profitability.

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The emergence of new interactive entertainment trends and technologies have resulted in opportunities. At the same time, the regulatory pressure on in-game microtransactions, particularly loot boxes, is increasing. Video gaming companies have experienced heightened regulatory scrutiny from a consumer, youth protection, antitrust, data protection and consumer law perspective, including around the use of big data, adtech, evaluation of player behavior, chat monitoring and novel ways of engaging with end users.

We assist the world's leading mobile gaming companies, game distribution platforms, app distribution platforms, game developers, game publishers and AR/VR companies. Our experience means that we combine genuine specialism with a thorough understanding of key issues and market disruptions across the interactive entertainment sector.

How we can help

  • M&A and fund raising. Significant investment in the interactive entertainment sector has resulted in the emergence of new trends, technologies, business models and opportunities. It is important to understand what the touchpoints are, the issues that may impact deal momentum and how to move forward in a beneficial manner. We provide a complete transactional service covering all M&A and corporate legal issues, and approach your transaction in a holistic manner, in targeted sequenced steps and timed to identify and mitigate risks and achieve cost efficiency.
  • Regulation of microtransactions. The regulatory pressure on in-game microtransactions, particularly loot boxes, is increasing and it is essential to keep ahead of regulation and develop new future-proof monetization models. Consumer law questions are also raised around terms and conditions, right to withdrawal, information obligations, geoblocking regulation, indication of prices and currencies, and virtual currencies.
  • Regulation and compliance. Video gaming companies have experienced heightened regulatory scrutiny from a consumer, youth protection, antitrust, data protection and consumer law perspective, among other compliance areas. We provide multijurisdictional advice on contentious and non-contentious youth protection matters, including due diligence on youth protection and age-gating requirements, advertisement restrictions and appeals of age-rating or other youth-protection-related classification decisions.
  • Data protection and security. Data protection is a crucial issue for interactive entertainment companies. We work with video gaming companies on all fields of data protection law globally, including around the use of big data, adtech, evaluation of player behavior, chat monitoring and novel ways of engaging with end users. This includes advice on GDPR compliance, processing of personal data of minors, policy drafting and local law amendments, data transfer agreements, cyberattacks, and data protection issues in an employment context.
  • Intellectual Property. As an industry based on art and creation, every video gaming company has IP protection as a primary concern. We advise a wide range of interactive entertainment companies across the globe on contentious and non-contentious patent and trademark, copyright, trade secret and licensing matters. We have advised on development agreements, brand strategy, merchandising agreements, assignments of IP, licensing, copyright, designs, IP issues in relation to the use of cheats, use of NFTs, notice and takedown procedures and IP enforcement, among others.

Episode 44: Monetization Challenges in Video Games – Loot Boxes

In this episode of TMT Talk, Harry Valetk, is joined by Tiago Zapater, a litigation partner at Trench Rossi Watanabe in Brazil, to discuss the monetization challenges in video games. Listen in to learn how video games sell and make money, loot boxes and their significance in the region, recent decisions and class actions in Brazil and much more.

 

Episode 36: EU Digital Markets Act

The EU Digital Markets Act has been proposed in order to further regulate the digital economy. In this episode of TMT Talk, Carolina Pardo is joined by Paul Johnson and Laura Philippou to discuss the potential scope, approach, and effectiveness of this new legislation. Our panel of experts will also give their perspective on the current status of the DMA, and what next steps the Technology, Media & Telecoms industry can expect.

 

Episode 35: EU Digital Services Act - What are Your Obligations?

On December 15, 2020, the European Commission published the first draft of the Digital Services Act ("DSA"). In this episode of TMT Talk, Carolina Pardo discusses this impactful legal development with Ben Allgrove, Rebecca Bland, and Julia Dickenson. Our TMT industry experts highlight the key points of the DSA, give their perspectives on the new obligations included in it, who they apply to and provide updates on progress relevant to this new law.

TMT Hub Homepage - Find out how our lawyers can help clients in the Technology, Media and Telecommunications sphere.

Tech Talk - Virtual panels offering succinct, practical, and timely overviews of the most important global legal developments that are relevant to TMT companies.

TMT Update - A monthly update to provide you with materials and information focusing on issues affecting the TMT sector that we think will be of interest to you.

Legalbytes - This monthly e-publication is designed for our clients and contacts who want to keep themselves regularly updated on legal developments in the Technology, Media and Telecoms industry.

Our interactive entertainment expertise encompasses a full-service solution, including important areas such as IP, data privacy security and e-commerce. We have worked with a wide range of interactive entertainment companies across the globe,  advising clients on all fields of data protection law, including GDPR compliance, processing of personal data from minors, policy drafting and local law amendments, data transfer agreements and cyberattacks in different jurisdictions. We have a deep understanding of the evolving e-commerce space for digital items and can advise on consumer requirements in multiple jurisdictions, geoblocking regulations, terms and conditions, right to withdrawal, information obligations and indication of prices and currencies.

In its editorial, Chambers commends Baker McKenzie as a “full-service international firm with a strong profile in digital media” with “significant expertise in relation to online content exploitation and other areas at the cutting edge of technology . . . and very active in new tech convergence.”

Our interactive entertainment lawyers know to play the interactive entertainment industry well and on a global level. We are recognized for our expertise and experience in areas that develop and drive interactive entertainment forward.

In the TMT space, we are ranked high in the following areas:

  • Band 1 in TMT – Chambers Global, 2008 to 2021
  • 85 M&A lawyers ranked globally – more than any other law firm (Chamber Global 2021)
  • Largest data and technology group in the world with an integrated network of local lawyers in 40+ countries across four regions
  • Top 20 elite firm according to Global Data Review – the only legal global ranking in the field of data

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