statements and may materially affect financial results of the Group in the period or periods for whichsuch determination is made.Continuing unfavourable global economic conditions could have a material adverse effect on our business,operating results and financial condition.The crisis in the financial and credit markets has led <strong>to</strong> a global economic slowdown, with numerouseconomies showing significant signs of weakness. If the economies in which the Group operatesweaken further or fail <strong>to</strong> improve, cus<strong>to</strong>mers may reduce or postpone their marketing and advertisingspending significantly, which would materially adversely affect business, operating results and financialcondition of the Group. Several credit rating agencies in recent months have downgraded the creditrating of Greek government debt, prompting additional inves<strong>to</strong>r concerns with respect <strong>to</strong> macroeconomicissues. Were the Greek economy <strong>to</strong> be affected by an economic crisis similar <strong>to</strong> thoseexperienced in, for example, Iceland, the ability of the Group’s businesses <strong>to</strong> have access <strong>to</strong> an efficientbanking and financial system may be impaired.Risks Related <strong>to</strong> the Mobile Communications IndustryThe mobile advertising or marketing market may deteriorate or develop more slowly than expected, anyof which could harm the Group’s business.If the market for mobile advertising or marketing deteriorates, or develops more slowly than theDirec<strong>to</strong>rs expect, the Group’s business could suffer. Future success is highly dependent on an increasein the use of mobile communications, the commitment of advertisers and marketers <strong>to</strong> mobilecommunications as an advertising and marketing medium, the willingness of potential clients <strong>to</strong>outsource their mobile advertising and marketing needs, and the Group’s ability <strong>to</strong> sell technologyservices <strong>to</strong> advertising agencies and brands. Due <strong>to</strong> the rapidly evolving nature of the mobileadvertising and marketing market, future demand and market acceptance for mobile advertising,marketing and technology services is uncertain. Many of the Group’s current or potential clients havelittle or no experience of using mobile communications for advertising or marketing purposes and haveallocated only a limited portion of their advertising or marketing budgets <strong>to</strong> mobile communicationsadvertising or marketing. There is no certainty that they will continue <strong>to</strong> allocate at least as much ormore funds for innovation in the future, if any. Also, the Group must compete with traditionaladvertising media, including television, print, radio and outdoor advertising, for a share of its clients’<strong>to</strong>tal advertising budgets.Businesses, including current and potential clients, may find mobile advertising or marketing <strong>to</strong> be lesseffective than traditional advertising media or marketing methods or other technologies for promotingtheir products and services, and therefore the market for mobile communications advertising,marketing and technology services may deteriorate or develop slower than expected. These challengescould significantly undermine the commercial viability of mobile advertising and seriously harm thebusiness, operating results and financial condition of the Group.Changes in the wireless communications industry may adversely affect the Group’s business.The wireless communications industry may experience significant growth and change which couldadversely affect the Group’s business. Technologies such as 4G mobile broadband, Wi-Fi, worldwideinteroperability for microwave access, or WiMAX, and VOIP are challenging existing wirelesscommunication technologies. The Direc<strong>to</strong>rs believe the Group will be able <strong>to</strong> adapt <strong>to</strong> futuretechnologies changes; however, in order <strong>to</strong> do so, the Group may require significant additionalinvestment in order <strong>to</strong> keep pace with such technological innovation. This could have an adverse effec<strong>to</strong>n the business, operating results and financial condition of the Group if it were unable <strong>to</strong> raise thenecessary finance.Changes in government regulation of the wireless communications industry may adversely affect theGroup’s business.Depending on the products and services that they offer, mobile data service providers are or may besubject <strong>to</strong> regulations and laws applicable <strong>to</strong> providers of mobile, internet and VOIP services bothdomestically and internationally.43
The application of existing laws and regulations relating <strong>to</strong> issues such as user privacy, defamation,pricing, advertising, gambling, promotions, consumer protection, content regulation,telecommunications and intellectual property ownership <strong>to</strong> wireless industry providers and platformsin many instances is unclear or unsettled.Further, the application <strong>to</strong> the Group of existing laws regulating or requiring licences for certainbusinesses of advertisers can be unclear. It is possible that laws and regulations may be adopted in thecountries where the Group operates that may be inconsistent and that could restrict the wirelesscommunications industry, including laws and regulations regarding lawful interception of personal data,taxation, content suitability, content marketing and advertising, copyright, distribution and antitrust.The growth and development of the market for electronic s<strong>to</strong>rage of personal information may promptcalls for more stringent consumer protection laws that may impose additional burdens, including costs oncompanies such as the Group who s<strong>to</strong>re personal information. The Direc<strong>to</strong>rs anticipate that regulationof the Group’s industry will increase and that the Direc<strong>to</strong>rs will be required <strong>to</strong> devote legal and otherresources <strong>to</strong> address this regulation. Changes in current laws or regulations or the imposition of new lawsand regulations regarding the media and wireless communications industries may lessen the growth ofwireless communications services and may materially reduce the Group’s ability <strong>to</strong> increase or maintainsales of mobile marketing services. The Group may incur substantial liabilities for expenses necessary <strong>to</strong>comply with these laws and regulations, or <strong>to</strong> investigate or defend litigation in respect of suchcompliances as well as incur potentially substantial penalties for any failure <strong>to</strong> comply. Compliance withthese laws and regulations may also cause us <strong>to</strong> change or limit the Group’s business practices in a manneradverse <strong>to</strong> the Group’s business.The Group could be adversely affected if domestic or international legislation or regulations are expanded<strong>to</strong> require changes in business practices or if governing jurisdictions interpret or implement their legislationor regulations in ways that negatively affect its business. Many of the proposed laws or regulations are inearly stages and the Direc<strong>to</strong>rs cannot yet determine the impact that these regulations may have on theGroup’s business over time. The Direc<strong>to</strong>rs cannot assure you that the Group’s practice with respect <strong>to</strong> thesematters will be found sufficient <strong>to</strong> protect the Group from liability or adverse publicity in this area.In addition, because various foreign jurisdictions have different laws and regulations concerning thes<strong>to</strong>rage and transmission of personal information, the Group may face unknown requirements that posecompliance challenges in new international markets that the Group seeks <strong>to</strong> enter. Such variation couldsubject the Group <strong>to</strong> costs, liabilities or negative publicity that could impair its ability <strong>to</strong> expand operationsin<strong>to</strong> some countries and therefore limit future growth. A number of studies have examined the healtheffects of mobile device use, and the results of some of the studies have been interpreted as evidence thatmobile device use causes adverse health effects. The establishment of a link between the use of mobiledevices and health problems, or any media reports suggesting such a link, could increase governmentregulation of, and reduce demand for, mobile devices and, accordingly, the demand for mobile marketingservices, which could harm the business, operating results and financial condition of the Group.The gathering, transmission, s<strong>to</strong>rage and sharing or use of personal information could give rise <strong>to</strong>liabilities or additional costs of operation as a result of governmental regulation, legal requirements, civilactions or differing views of personal privacy rights.The Group transmits and s<strong>to</strong>res a large volume of personal information in the course of providing itsservices. International laws and regulations govern the collection, use, retention, sharing and securityof data that the Group receives from cus<strong>to</strong>mers and their users. The Group may be contractually liable<strong>to</strong> indemnify and hold harmless cus<strong>to</strong>mers from the costs or consequences of inadvertent orunauthorised disclosure of their cus<strong>to</strong>mers’ personal data which the Group s<strong>to</strong>res or handles as part ofproviding its services. The interpretation and application of privacy, data protection and data retentionlaws and regulations are currently unsettled internationally, particularly with regard <strong>to</strong> location-basedservices, use of cus<strong>to</strong>mer data <strong>to</strong> target advertisements and communication with consumers via mobiledevices. Such laws may be interpreted and applied inconsistently from country <strong>to</strong> country andinconsistently with current data protection policies and practices. Complying with these varyinginternational requirements could cause the Group <strong>to</strong> incur substantial costs or require the Group <strong>to</strong>change business practices in a manner adverse <strong>to</strong> its business, operating results or financial condition.As privacy and data protection have become more sensitive issues, the Group may also become exposed<strong>to</strong> potential liabilities as a result of differing views on the privacy of personal information. These andother privacy concerns, including security breaches, could adversely impact the business, operatingresults and financial condition of the Group.44