Olga Belyakova

Olga Belyakova

Partner
CMcK

CMS Cameron McKenna LLC
6th Floor, 38 Volodymyrska Street
Kyiv
Ukraine
Languages Ukrainian, Russian, English
TMC - Technology, Media & Communications

Olga has over 15 years of experience in TMC sector and specialising at IT and technologies sectors.

Olga regularly advises local and international IT services and product companies on various aspects related to their business including corporate and commercial matters. Specifically, Olga is constantly involved in structuring of employment relations between the companies and developers, including suggesting and creating proper equity incentive schemes at various management levels, non-solicitation and confidentiality commitments of IT staff and tax structuring of the IT businesses with use of appropriate foreign jurisdictions for purposes of creation of enforceable shareholders relations. Importantly, Olga is also focusing at a correct transfer of IP rights to the already and to-be-created IP objects to the ultimate clients.

Olga is a Co-Chairman of the IT Committee of American Chamber of Commerce in Ukraine.

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Olga is a recommended lawyer for IT and Telecommunications law.

Best Lawyers 2015-2017

Olga is described as “knowledgeable, service-minded and extremely impressive.”

Chambers Europe 2012-2016

Relevant experience

  • LINX, an international wholesale telecommunications company, on legal aspects of the establishment and operation of data centres in Ukraine, as well as Ukrainian data privacy issues related to a data centres business.
  • Intel, a major international IT components manufacturer, on due diligence of radio frequency license of Ukrainian subsidiaries, and then subsequently advised on Ukrainian radio frequency laws implications.
  • Cloud Made Limited on various aspects of sale of its cloud technology business.
  • American multi-national technology and social media company on various corporate, employment, commercial matters (including drafting/negotiating of various commercial contracts) in connection with launching and running of its Ukrainian business.
  • A major multinational technology and consulting corporation:
    • on two IT service outsourcing projects between the client and leading Ukrainian Banks, including advice on relevant employment law and data protection issues (advice on employees transfer and secondment issues);
    • in connection with the localisation of commercial documents;
    • on data protection issues related to placing and storing personal data in the cloud.
  • AOL Corporation in relation to acquisition of Video Syndication Startup, including advising on Ukrainian IP and IT related issues, restructuring of the target’s IP relations with Ukrainian major IT developer.
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Education

2011 - Postgraduate Diploma in EU Competition Law, King's College London, London

2003 - Admitted to Attorney at Law practice

2001 - Master of Law, National Economic University, Kyiv

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Memberships

Co-Chairman of IT Committee at the American Chamber of Commerce (ACC)

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Publications

January 2016 - Ukraine Data Protection Overview, DataGuidance.

May 2016 - Article ‘Is information technology education only about IT?’, KyivPost.

November 2015 - E-governance chapter for the USUBC white paper on legal and governance reform.

March 2015 - Comment on article ‘Experts on deregulation law say it's too early to celebrate changes’, Kyiv Post.

August 2014 - Article ‘What you should pay your attention on if you decided to relate your business with cloud decisions’, DELO.

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Lectures list

16 December 2016 - Start-up simulation course, Lviv Business School, Lviv.

October 2016 - Workshop “Inspections of Law Enforcement Authorities: How to Avoid Mistakes”, Kyiv.

30 October 2015 - Panel discussion on the e-Governance contributors to the White Paper, USUBC-KSE conference on legal and governance reform, Presentation of the USUBC white paper on legal and governance reform, Kyiv.

3-4 June 2015 - Panel discussion on ‘How to Invest in Datacentre and Cloud Assets’, Datacloud Global Congress, Monaco.

14 November 2014 - Data Protection Seminar in EBA, Kyiv.

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Corporate / M&A

Olga’s practice includes corporate, competition and general commercial issues, as well as data protection.  As a competition lawyer, Olga advises foreign and local clients on merger control issues, concerted actions, and anti-competitive conduct on the market.

Olga’s general corporate and commercial experience combines broad expertise in negotiating various types of commercial contracts, including sale and purchase agreements, procurement agreements, agency and services contracts. 

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Olga is described as “knowledgeable, service-minded and extremely impressive.”

Chambers Europe 2012-2016

Relevant experience

  • A subsidiary of Eni SpA., an Italian oil and gas major, on its recent signing of a production sharing agreement ("PSA") with the Government of Ukraine. Eni is the operator and will hold a 50% participating interest, while Electricité de France (EDF) will hold 5%, and state-owned natural resource companies Chornomornaftogas and Vody Ukrainy will together hold 45%.
  • Provea S.A. on a sale of participatory interest in Florange, a Ukrainian lingerie and jewellery company.
  • A Belgian mineral and metal extraction company in connection with the aborted acquisition of a 100% stake in a one of the largest mining companies in Ukraine, which is owned by a privately held Ukrainian conglomerate; on restructuring their local business in Ukraine.
  • Horizon Capital on the sale (alongside AtlantM) of MTBank, the largest privately owned bank in Belarus.
  • Freescale Semiconductor on the sale of its holding in Ukraine to Information Software Systems.
  • A UK-based private equity fund on the potential acquisition of a Ukrainian confectionary company.
  • Abris Capital Partners on the acquisition of a supermarket chain in western Ukraine, which comprises 25 supermarkets.
  • Takeda Pharmaceuticals on acquisition of Nycomed (Ukrainian law aspects), including obtaining of a merger control approval.
  • Electrolux, a global leader in the production of appliances for home and professional use, on EUR 19 million acquisition of a factory and other assets from a Ukrainian white goods manufacturer; drafting various commercial agreements.
  • MetLife on obtaining of a merger control and concerted actions approval for the global acquisition of ALICO and on various aspects of the acquisition in Ukraine, including due diligence.
  • Diageo (a multinational alcoholic beverages company):
    • on import, labelling and marketing of GMO food products;
    • assisting with multi-jurisdictional due diligence of the client`s business in five CEE jurisdictions (Ukraine, Bulgaria, Hungary, Romania and the Czech Republic), led by CMS Kyiv;
    • on a project regarding the licensing of beer production in Ukraine. A maximum of 10 bullet points (in the present participle).
  • SBM Jardin on various commercial/ IP/corporate law issues related to acquisition of gardening business worldwide including in Ukraine.
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Education

2011 - Postgraduate Diploma in EU Competition Law, King's College London, London

2003 - Admitted to Attorney at Law practice

2001 - Master of Law, National Economic University, Kyiv

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Memberships

Co-Chairman of IT Committee at the American Chamber of Commerce (ACC)

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Publications

January 2016 - Ukraine Data Protection Overview, DataGuidance.

May 2016 - Article ‘Is information technology education only about IT?’, KyivPost.

November 2015 - E-governance chapter for the USUBC white paper on legal and governance reform.

March 2015 - Comment on article ‘Experts on deregulation law say it's too early to celebrate changes’, Kyiv Post.

August 2014 - Article ‘What you should pay your attention on if you decided to relate your business with cloud decisions’, DELO.

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Lectures list

16 December 2016 - Start-up simulation course, Lviv Business School, Lviv.

October 2016 - Workshop “Inspections of Law Enforcement Authorities: How to Avoid Mistakes”, Kyiv.

30 October 2015 - Panel discussion on the e-Governance contributors to the White Paper, USUBC-KSE conference on legal and governance reform, Presentation of the USUBC white paper on legal and governance reform, Kyiv.

3-4 June 2015 - Panel discussion on ‘How to Invest in Datacentre and Cloud Assets’, Datacloud Global Congress, Monaco.

14 November 2014 - Data Protection Seminar in EBA, Kyiv.

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Show only
30/09/2015
Expert Guide: Competition & Anti-Trust 2015
Merger Control In Ukraine - The Elusive Balance Of...
22/03/2017
Ukraine: establishment of independent supervisory boards in state...
On 16 March 2017, a package of governmental regulations regarding the establishment and functioning of independent supervisory boards in state-owned companies (the “Regulations”) came into legal force.
26/03/2015
CMS advises Horizon Capital and Zubr Capital on th...
28/02/2017
Ukraine: NBU relaxes rules on overseas investments by Ukrainian c...
On 24 February 2017 the National Bank of Ukraine (the "NBU") approved changes to the licensing regime concerning overseas investments by Ukrainian individuals (other than private entrepreneurs). From now on, Ukrainian citizens will be allowed to place and hold.
14/07/2014
Olga Belyakova promoted to Counsel at CMS Cameron...
01/12/2016
Ukraine removes regulatory barriers to exports of services (updat...
On 30 November 2016, the President of the Ukraine signed the law removing administrative barriers relating to the export of services (the “Law”), which was adopted by the Ukrainian Parliament on 3 November 2016.
04/07/2014
Guidance Note: Ukraine - Data Protection Overview
18/11/2016
Ukraine: establishment of independent supervisory boards in state...
On 9 November 2016, the Cabinet of Ministers adopted a comprehensive reform package of governmental regulations regarding independent supervisory boards in state-owned companies (the “Regulations”).
23/06/2014
CMS Guide to Merger Control in Europe 2014
04/11/2016
Ukraine removes regulatory barriers to exports of services
On 3 November 2016, a law removing administrative barriers relating to the export of services was adopted (the “Law”). Currently, there are a multitude of archaic regulatory restrictions, including currency control, banking and accounting limitations, that.
27/08/2013
World Data Protection Report August 2013 - Ukraine...
03/11/2016
Ukraine takes action against corporate raiding
On 2 November 2016, a law aimed at improving the effectiveness of anti-raiding measures became effective (the “Law”). The Law intends to mitigate and, where possible, eliminate the risk of corporate raids as well as reduce the risk of the fraudulent takeover.
26/04/2012
CMS Cameron McKenna – Top Energy law Firm in Ukrai...
17/10/2016
Ukraine has joined the international open data charter
On 6 October 2016, Ukraine joined the International Open Data Charter (“IODC”). The main objective of the IOCDC is the public disclosure of information on activities of the state and municipal authorities, as well as other types of institutions within the wider.
15/09/2016
Ukraine: electronic BankID system is launched
On 30 August 2016, the National Bank of Ukraine (the “NBU”) issued Regulation No. 378 (the “Regulation”) which came into force on 3 September 2016. The Regulation is part of ongoing reform of the financial sector and e-governance in the Ukraine.
09/09/2016
Ukraine: Deregulation of Business Activities (update)
On 23 August 2016, the Cabinet of Ministers approved an Action Plan for the Deregulation of Business Activities in Ukraine for the years 2016-2017 (the “Plan”). The Plan is a strategic road map aimed at making national regulations compliant with European Union.
01/09/2016
UKRAINE: IP state agencies reform announced
On 23 August 2016, the Cabinet of Ministers of Ukraine announced the adoption of legislative amendments to create a new governance model for state agencies that cover intellectual property (IP). The State Intellectual Property Service of Ukraine (SIPS) will.
31/08/2016
Ukraine: Deregulation of Business Activities
On 23 August 2016, the Cabinet of Ministers of Ukraine announced that it has adopted an Action Plan for Deregulation of Business Activities in Ukraine for the years 2016-2017 (the “Plan”). The Plan purports to continue the on-going efforts of the Ukrainian.