Partnering with Amazon

We understand that Asia is a key market for Amazon. With an increasingly competitive marketplace, it is paramount that Amazon is able to grow its market share and solidify its position, through organic growth or acquisitions.

Amazon needs a trusted adviser who really knows the issues affecting Amazon's businesses, can think of innovative solutions and resolve problems in a commercial manner.

 

 

 

 

www.hoganlovells.com

Payments

  • Key issues
  • How we can help
  • Our experience
  • Quotes

Key issues

Payment innovation is key for an online retailer in the increasingly competitive Asian market. The trend across Asia is seeing a growing development in payments innovation through the development of numerous different forms payment technology including AI, predictive analytics, contactless payments, blockchain and cryptocurrencies. Asian countries are increasingly developing their regulations surrounding this ever-expanding variety of payment methods and, likewise, the legal landscape is evolving quickly and continuously to try to keep pace with advances. How can Amazon be one step ahead of its competition whilst also being compliant?

How can we help

How can we help?

Our dedicated Payments Innovation team advises clients on technological developments and new product offerings in the payments industry, in particular digital and mobile payments, e-money and other new payment mechanisms, instruments and innovations.

We understand the constantly progressing world of e-commerce and payment systems. We have represented financial institutions, credit and debit card issuers, payment processors and gateways and technology service providers in a variety of complex matters, both in China and across the region.

From a legal perspective, payments and the wider fintech ecosystem that surrounds it represent an important intersection of various disciplines and areas of expertise. We have a depth of skill and experience with the multidimensional legal and regulatory issues associated with this area, including payment services licensing, technology and data security, strategic business issues, and compliance with anti-money laundering and counter-terrorist finance regulations.

Our experience

Our experience

Advised:

  • Advising Citibank on all aspects of its application to join a new international payments scheme based in China.

  • Advising Crédit Agricole on certain aspects of its application to join a new international payments scheme based in China.

  • Advising Expedia on its cross-border payments model in Singapore, including advising on payments and remittance regulation.

  • Advising a leading global telecommunications business on the expansion of its Asia-Pacific payments getaway business.

  • Advising a Hong Kong fintech on fund-raising and a proposed relationship with a payments services provider in Singapore, including  advice on stored value facility  approval requirements in Singapore.

  • Advising MoneyGram on regulatory aspects of rolling out new payment services in China.

  • Advising Nokia Money on its cell phone payment vehicle in China.

  • Advising PayPal on regulatory issues relating to the operation of an online settlement business, settlement license, foreign exchange, and development of a project on international e-commerce transactions in China.

  • Advising a leading technology company on its investment into GO-JEK, Indonesia's leading on-demand transportation, food delivery, logistics, and payment services platform.

  • Advising Tencent in relation to the launch of its "Lucky Money" Red Packet stored value facility product in Hong Kong.

  • Advising Vocalink in relation to the licensing of its Immediate Payment Systems technology in several markets in the Asia Pacific region

Quotes

What our clients say about us

"great network of lawyers and ability to provide and co-ordinate advice across the whole Asia-Pacific region with a consistent approach."
Chambers Asia-Pacific, 2020

Growth in Asia

  • Key issues
  • How we can help
  • Our experience
  • Quotes

Key issues

We understand that Asia is a key market for Amazon. With an increasingly competitive marketplace, it is paramount that Amazon is able to grow its market share and solidify its position, through organic growth or acquisitions.

Amazon needs a trusted adviser who really knows the issues affecting Amazon's businesses, can think of innovative solutions and resolve problems in a commercial manner.

How can we help

How can we help?

Hogan Lovells has made a significant commitment to servicing the legal and business needs of our clients in Asia for over 35 years.

Hogan Lovells has one of the strongest networks in Asia, with offices in Beijing, Hanoi, Ho Chi Minh City, Hong Kong, Shanghai, Singapore, Tokyo, and Ulaanbaatar. In Singapore, we operate as a joint law venture with leading Singapore firm, Lee & Lee. We also have presence in Jakarta, Shanghai Free Trade Zone, and Ulaanbaatar through associations. In countries where we do not have an office, we have established close working relationships with major leading local law firms, and we are accustomed to managing and working closely with local counsel.

Our regional coverage is bolstered by our membership with the Pacific Rim Advisory Council (PRAC). PRAC is a unique strategic alliance within the global legal community, consisting of 28 major independent law firms, each with substantial presence and expertise in the Pacific Rim region, including South Korea, India, Malaysia, New Zealand, Philippines, Taiwan and Thailand.

Our experience

Our experience

Advised:

  • Advising Aboitiz Power on the US$46m acquisition of Mekong Wind in Vietnam from Armstrong Asset Management.

  • Advising International Finance Corporation on its equity investment in Aloe Environment Fund III, an independent private equity firm established to help finance clean technology companies in India, China and South-East Asian countries

  • Advising JD.com on the formation of an e-commerce and logistics joint venture in Indonesia

  • Advising LeapFrog on the disposal of its interest in Mahindra Insurance Brokers Ltd and the acquisition of an interest in Softlogic Life Insurance PLC.

  • Advising Macquarie Infrastructure and Real Assets and Arran Investment Pte. Ltd on its US$1.3 billion tender offer for 31% of Energy Development Corporation

  • Advising M&G Real Estate Asia Pte. Ltd., the asset management arm of Prudential plc, on the establishment of a Singapore fund to invest in properties in Asia Pacific, the United Kingdom and Western and Central Europe

  • Advising Navis Capital Partners on its investment in the Saitex group, a premium denim supplier to many of the world’s leading brands and retailers

  • Advising PayPal on a US$125 million investment into Pine Labs, India's largest retail payment platform, alongside Temasek (the sovereign wealth fund of the Singapore government).

  • Advising Walmart Inc. on the US$16 billion acquisition of a 77% majority stake in Flipkart Private Limited, the prominent Indian e-commerce marketplace company.

Quotes

What our clients say about us

"Their multi-jurisdictional co-ordination is superb; they are commercially aware and provide the kind of advice that clients are looking for."
Chambers Asia-Pacific, 2020

"Great network of lawyers and ability to provide and co-ordinate advice across the whole Asia-Pacific region with a consistent approach."
Chambers Asia-Pacific, 2020

The Cloud

  • Key issues
  • How we can help
  • Our experience
  • Quotes

Key issues

The cloud continues to revolutionise how individuals and enterprises store, manage and exploit their data; and Amazon Web Services remains at the forefront of this revolution. Cloud computing continues to grow throughout Asia as an ever-increasing number of companies move elements of their business to the cloud. However, within the cloud itself there remains tension – while the market value of the public cloud continues to grow, the private cloud maintains a significant market share due to the difficulties associated with switching from an existing private cloud to a public one.

The regulatory landscape is also consistently evolving. The further development of the cloud and its increased use by companies means that regulations around cyber security and data protection are required to constantly develop too. This, combined with the associated operational risks of moving to the cloud, has created a perception that certain contracts and legal structures that have been developed over time are failing to address all of the customer concerns that arise in cloud computing transactions, in particular where customers are in a regulated industry. How does Amazon stay up to date and protect itself whilst also meeting their customer's needs? As risk profiles for users and providers alike increase under data protection and cyber security regulations and another layer of complexity is added with jurisdictions that block cloud computing services for foreign invested entities like China, Amazon needs a trusted advisor that can navigate a clear course.

How can we help

How can we help?

Hogan Lovells has the background and experience to face the legal challenges posed by new technologies, and we are at the front lines negotiating new issues and solving new problems as market penetration of remote technology assets grows.

Our team of lawyers, many of whom have an IT-industry background, can advise you on all aspects of Asia-Pacific material outsourcing, data protection and cyber security regulations. We also have deep experience in drafting and negotiating multi-jurisdictional cloud services and outsourcing transactions to help you to manoeuver through the legal and commercial aspects of these transactions so your business remains competitive in today's ever-changing and increasingly competitive markets. We are experienced advising both enterprise customers and providers of cloud services, including in respect of regulated industries, bringing a balanced perspective to the risk-reward proposition each way.

We are also experienced in advocacy to governments. Cloud computing has been a key focus for China's ambition to further develop its e-commerce industry. With the development of the relevant legislations, we can follow up and advocate for issues beneficial to Amazon, in particular:

  • ·       Possibility on elimination or relaxation of restrictions on foreign investors in cloud computing services in China.
  • ·       Possibility in advocating special consideration for approval of cloud computing license on trial basis; and
  • ·       Other efforts in advocating for improved environment for foreign investment or involvement in cloud computing in China.
Our experience

Our experience

Advised:

  • Advising Amazon on PRC cloud regulatory issues and its proposed acquisition of a Hong Kong company to enter into the mainland China market by virtue of CEPA.

  • Advising Amazon in relation to net neutrality regulations in South Korea.

  • Advising Genesys in relation to the implementation of its cloud based contact centre solution in the Asia-Pacific region.

  • Advising an international client in relation to contracts for cloud computing services.

  • Advising a leading cloud solution provider on standard contract terms for contracting with Asia-Pacific region financial institutions.

  • Advising a leading financial institution on a cloud based implementation of its CRM function.

  • Advising a leading multi-national insurance company on commercial agreements and regulatory analysis of the outsourcing of its telecommunications and managed server function in 18 countries across the Asia-Pacific region.

  • Advising a multinational computer technology corporation on a number of cloud computing projects in China.

  • Advising NEC Corporation in relation to regulatory issues regarding provision of cloud computing services in China.

  • Advising Oracle Corporation on its AUD1.6bn acquisition of Aconex, a leading cloud-based solutions company that manages team collaboration for construction projects.

Quotes

What our clients say about us

"They're good. The firm has been responsive, flexible and practical. They are clear in their communication..."
Chambers Asia Pacific, 2020

 

Data Protection and Cyber Security

  • Key issues
  • How we can help
  • Our experience
  • Quotes

Key issues

Few areas of regulation are attracting as many headlines globally as data protection and cyber security.  In these arenas the standard of Asia's laws remains broadly weaker than their western counterparts. Japan remains the only Asian country to be granted an adequacy decision by the EU in terms of data privacy with cyber security in a number of Asian countries also seen as a cause for concern.  However, recent years have seen the passage of new laws and regulations to curb these problems with further development underway. It is clear, though, that the region remains a "patchwork" of compliance requirements, with some common themes but different pressure points.

The challenge for Amazon in Asia is to find a framework to evaluate risks and "horizon spot" as new regulations take shape and enterprise customers react to their own shifting risk profiles.

How can we help

How can we help?

Hogan Lovells has one of the world's leading data protection and cyber security practices.  We have an unrivalled level of expertise in the counselling of dynamic and fast growth businesses in this area. We combine in depth local knowledge with international best practice, developing practical solutions for complex areas such as cross-border data transfers, breach notifications and data retention.

Our expert team has worked with and for data protection authorities for a number of years. Given our visible presence in this market, we have developed strong relationships based on legal rigour and mutual respect, no matter how complex or sensitive an issue may be.

Our wide network in Asia and elsewhere means that we can provide joined-up thinking on all aspects of data privacy compliance, including:

  • Conducting data privacy compliance audits and developing data privacy policies, including integrating Asia policies with existing international policies;
  • Helping clients structure and allocate risk in relation to cross-border data transfers, including as part of outsourcing, shared services and cloud arrangements;
  • Advising on the acquisition of personal data as an increasingly important part of merger and acquisition and joint venture activity;
  • Advising on commercial arrangements, such as marketing, distribution and sponsorship agreements, where securing rights to use personal data is a key business objective;
  • Advising on data breach notification requirements when data is hacked or lost;
  • Advising on data subject access requests;
  • Defending companies against enforcement actions; and
  • Bringing to bear the knowledge and experience of our extensive and market-leading privacy and information management team across the world in finding solutions that work in Asia based on lessons learnt elsewhere.
Our experience

Our experience

Advised:

  • Advising Alibaba.com on a range of IP, IT and ecommerce related services including data protection issues, undertaking a data audit for them to ensure compliance with Asian data protection laws.

  • Advising Amazon on China data security and localization issues.

  • Advising China Telecom Global on international cross-border data transfers.

  • Advising Dun & Bradstreet on data protection rules and best practices in China and Hong Kong.

  • Advising eBay in relation to various data privacy issues relating to its online retail platform.

  • Advising MySpace on data protection and privacy issues in China.

  • Advising Splunk in relation to Asia-Pacific data protection compliance matters.

  • Advising Tencent on data protection aspects of its WeChat international business.

  • Advising a number of leading global financial institutions on their Asia-Pacific cross-border data transfer arrangements, including Morgan Stanley, JP Morgan Chase, HSBC and Hong Kong Exchanges and Clearing Group.

Quotes

What our clients say about us

"It is a top-class firm in this practice area, with very broad experience."

Chambers Global, 2020

M&A Trends

  • Key issues
  • How we can help
  • Our experience
  • Quotes

Key issues

M&A activity in the Asian market has continued to grow over the course of the last few decades. While there remain temporary slowdowns the general upward trend in M&A is unlikely to stop any time soon. Cultural issues remain a hindrance to potential deals but the growth of areas such a technology has seen a broad increase in M&A numbers across the continent. Similarly, the current US-China trade war has led to a temporary slowing in M&A activity directly into China; however, there has been a comparative increase in M&A activity taking place in the countries surrounding China as foreign entities look to expand their operations and protect themselves from any potential repercussions. The development of M&A in the area has also led to a number of antecedent issues including the needs to consider matters such as tax, additional regulation and the most efficient structures to adopt depending on the country where the deal is taking place.

How can we help

How can we help?

At Hogan Lovells, we work with you to formulate strategic responses that meet your growth goals.

Our depth of experience in advising businesses navigate the challenges that new technology brings to the regulatory environment in Asia means that we are uniquely placed to help Amazon.

We have long been a leading firm for M&A advice throughout the region. Our lawyers regularly structure, negotiate and implement domestic and cross-border transactions and investments of all sizes, ranging from acquisitions and divestments, to mergers, joint ventures and strategic alliances involving listed and non-listed companies.

We are particularly adept at handling M&A transactions in which the intersection of business and government requires an integrated strategy for resolving the many issues that arise in such transactions. As a result, we have in-depth experience of advising on M&A deals in highly regulated sectors such as yours, making us an excellent fit to advise you.

In the past three years, Hogan Lovells advised on more than US$500bn in M&A transactions worldwide, representing entities, principals, and financial advisors in almost 700 public and private transactions.

Our experience

Our experience

Advised:

  • Advising Adobe on its US$4.75bn acquisition of Marketo.

  • Advising Asahi Group on its GBP250 million acquisition of Fuller's brewery business.

  • Advising Dell Inc. on the US$3.055bn sale of its IT services division to NTT Data.

  • Advising eBay Inc. on its acquisition of the Japan business of Giosis Pte Ltd., an e-commerce marketplace company, including the online retailer Q1oo.com.

  • Advising Kingfisher on the £140m sale of a controlling 70% stake in its B&Q China business to Wumei Holdings Advising News Corporation on its acquisition of ESPN's 50% equity interest in ESPN STAR Sports, giving News Corporation full ownership of ESS.

  • Advising Neopost on its acquisition of a group of companies across South East Asia. The group of companies is headquartered in Malaysia and has operations in Malaysia, Indonesia, Singapore and Thailand.

  • Advising Sedgwick on the USD6.7 billion sale of KKR's majority stake in Sedgwick to The Carlyle Group.

  • Advising SABMiller PLC on its acquisition with its joint venture partner, China Resources Enterprise, of the brewing business of Kingway Brewery Holdings, the listed Hong Kong company for approximately US$864m.

  • Advising Sojitz Corporation, an international trading company headquartered in Japan, on the acquisition of 10.03% of the issued and outstanding shares of PAN Group JSC, a major agriculture and food firm listed on the Ho Chi Minh Stock Exchange, as part of a strategic investment and collaboration with PAN Group

  • Advising a U.S. Pharmaceutical company on the JPY3.3bn disposal of its Japanese manufacturing facility to a major Japanese pharmaceutical company and the related Toll Manufacturing Agreement which is valued at around JPY30bn.

Quotes

What our clients say about us

"Hogan Lovells’ strength is their quality, client-oriented approach across many legal practices and jurisdictions."
Chambers Asia-Pacific, 2020

"On a large transaction - a European and American matter - the international side worked very well, the legal advice was all co-ordinated, and worked excellently."
Chambers Global, 2020

Your Asia Contacts

Australia

David Holland

David Holland

Partner, Sydney

+61 2 9093 3504
david.holland@​hoganlovells.com

South East Asia

Stephanie Keen

Stephanie Keen

Office Managing Partner, Singapore

+65 6302 2553
stephanie.keen@hoganlovells.com

Greater China

Andrew McGinty

Andrew McGinty

Partner, Hong Kong

+852 2840 5004
andrew.mcginty@hoganlovells.com

Mark Parsons

Mark Parsons

Partner, Hong Kong

+852 2840 5033
mark.parsons@hoganlovells.com

Liang Xu

Liang Xu

Partner, Beijing

+86 10 6582 9488
liang.xu@hoganlovells.com

Roy Zou

Roy Zou

Office Managing Partner, Beijing

+86 10 6582 9488
roy.zou@hoganlovells.com

Japan

Jacky Scanlan-Dyas

Jacky Scanlan-Dyas

Partner, Tokyo

+81 3 5157 8214
jacky.scanlan-dyas@​hoganlovells.com

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