Home / People / Dr Sam De Silva
Portrait ofDr Sam De Silva

Dr Sam De Silva

Partner
Co-Head of the Commercial Practice Group

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English, Sinhalese

Dr Sam De Silva is an international award winning Partner in the Technology and Outsourcing practice and is the Global Co-Head of the Commercial Practice Group. Sam specialises in complex and strategic technology and outsourcing projects including all forms of cloud computing (SaaS, PaaS and IaaS), outsourcing (IT, BPO and off-shoring), system development and supply, system integration, software licensing, support and service agreements. Sam also regularly advises on data protection, privacy, cyber-security and PCI DSS issues.

Sam is an expert in legal risk management and was the Co-convenor of an ISO Working Group which led the development of the first ever international standard on the Management of Legal Risk (ISO 31022). 

Sam is deeply immersed in the technology sector and at the forefront of related policy issues, representing the UK on a number of international committees. This market intelligence supports clients in their strategic planning and future proofing of projects. Sam is also heavily involved with procurement best practice, having just completed a 4 year term on the Global Board of Trustees at the Chartered Institute of Procurement and Supply (CIPS).

Sam has written and spoken extensively on IT, outsourcing and data and is regularly called upon by the industry as a thought leader in these areas. He has been interviewed in the press, on the radio, webinars and on television (including BBC Click and Channel 4 Dispatches). Sam is one of very few solicitors to be a Fellow of CIPS (FCIPS), Fellow of the British Computer Society (FBCS) and a Chartered IT Professional (CITP). Sam has post-graduate degrees in information technology and business administration, so he is well aware of the commercial, business and technical issues facing both users and suppliers of technology. Sam has had in-house industry legal experience, having been seconded to Accenture UK for 9 months as a Senior Legal Counsel.

Sam is proud to be one of the embRACE Partner Champions at CMS and was a finalist in the 2022 Chambers & Partners European Lawyer Awards for his outstanding contribution to diversity and inclusion in the legal profession. 

As well as being an English qualified solicitor, Sam is also a Barrister and Solicitor of the High Court of New Zealand and a Solicitor of the Supreme Court of New South Wales, Australia, and has been involved in some of the most cutting-edge digital and outsourcing projects in those jurisdictions.

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"Sam is technically brilliant, future-focused, pragmatic and engaging."

Chambers, 2023

"Sam De Silva takes the time to understand the client's business, and he is commercially astute, brilliant technically, dynamic, forthright and friendly, which is an unbeatable winning combination. He is able to find an answer for a complex issue and break it down quickly."

Chambers & Partners, 2022

"Sam De Silva is an impressive individual whom peers highlight as ‘excellent in business law and IT’. He is applauded for his excellent work on cross-border start-ups, scale-ups, licensing and strategic sourcing."

Who’s Who of Information Technology, 2022

"Sam De Silva receives widespread praise for his impressive practice and is highlighted for his ‘truly outstanding breadth of knowledge’ in the area."

Who’s Who of Information Technology, 2021

"Sam De Silva takes the time to understand our business, is commercially astute, technically brilliant, dynamic, forthright and friendly."

Legal 500 – Technology, 2021

"Sam De Silva provides a vast wealth of knowledge and experience and brings this to the fore in timely and commercial advice. He has taken the time to get to know and understand our business and can get straight to the heart of the issue."

Legal 500 – Technology, 2020

"Sam De Silva attracts plaudits from respondents who note that he is ‘an excellent negotiator’, while others affirm that he is ‘knowledgeable, practical and always a pleasure to work with’."

Who’s Who of Information Technology, 2020

"Sam De Silva is a standout practitioner who draws praise for his highly technical and impressive work in cybersecurity and data protection concerns. Sources comment on his ‘attention to detail and prompt, pragmatic and focused expert responses’."

Whos’ Who of Data Privacy & Protection and Data Security, 2019

"I have always found him to be technically brilliant, very commercial and pragmatic, and extremely responsive. He is a pleasure to work with."

Chambers & Partners, 2019

“Sam De Silva enjoys a fantastic reputation in the market and is one of the leading names when it comes to cloud computing and cybersecurity.”

Who’s Who of Data Security, 2018

"Sam De Silva is a leading figure in IT outsourcing and cloud computing. Sources praise him for his ‘professionalism, accuracy and timeliness’ and describe him as ‘commercially astute, technically brilliant, dynamic, forthright and friendly’."

Who’s Who of Information Technology, 2018

"is highly recommended for his knowledge of cloud computing, SaaS, addressing data breaches and complex IT contracts of all kinds. One client says: "He has gone above and beyond to promptly address our sometimes very complex and urgent legal and commercial issues."

Chambers & Partners, 2017

"If we were talking about IT Top Trumps, he would be the best card to have in your pack," says one source of Sam De Silva. He is admired for his expansive knowledge across the board, and is a noted cloud computing expert."

Chambers & Partners, 2016

"The 'very experienced and knowledgeable' Sam De Silva is an expert on non-contentious IT matters and is particularly noted for his 'expert knowledge in IT procurement.' Clients appreciate that he 'pays attention to the detail and is robust in his advice and in discussions,' as well as praising his 'understanding of the industry and its players.'"

Chambers & Partners, 2014

Relevant experience

  • New Balance on various strategic technology, outsourcing and digital/data projects.
  • Global pharmaceutical company on a pan-European framework agreement for the procurement of IT products and services.
  • Fujifilm in the technology supply arrangement for a major UK retailer's digital photography refresh and change programme.
  • Embraer on various digital and data projects.
  • MossBros Plc on the procurement of point-of-sale and back office technologies with Argility.
  • International Financial Data Services in its outsourcing arrangements where it will provide global transfer agency and client administration services to a global fund manager.
  • Mastek in its development contract for a conveyancing portal with the Law Society. 
  • DX Group in its procurement of an ERP system for its business carrier operations from multiple vendors.
  • HSA Global UK in its bid to a NHS Clinical Commissioning Group for the provision of a Care Plan Management System.
  • Major German Bank in its procurement of a cloud banking and payments system with Temenos.
  • Eckoh Plc on its IVR services contract with Vue Cinemas.
  • Formula 1 racing team in its procurement of an ERP system.
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Memberships & Roles

  • Former UK representative on the EU Commission’s Expert Group on Cloud Computing Contracts.
  • UK representative on the IT Law Committee of the Bars and Law Societies of Europe (CCBE).
  • Past Chair on the Law Society's Technology and Law Committee (but still a committee member).
  • Committee member of the EU Law Committee of the Law Society.
  • Committee member of the Data Law Committee of the City of London Law Society.
  • Member of the Technical Strategy Board of the Institute of Chartered Accountants of England and Wales (ICAEW).
  • Elected Trustee of The Chartered Institute for IT (BCS), Council Member of the BCS and the Chair of the Legal Specialist Group of the BCS.
  • Chair of Legal Special Interest Group at the Institute of Risk Management (IRM).
  • Chair of the Diversity & Inclusion Advisory Group of the Society for Computers & Law.
  • Chair of the Ethnic Solicitors Network of the Law Society.
  • Immediate past Chair of the Tech & Sourcing Committee of iTechLaw.
  • Consulting Editorial Board for LexisNexis TMT
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Awards & Rankings

  • Who’s Who of Information Technology, 2023.
  • Who’s Who of Data Privacy and Protection, 2023.
  • Who’s Who of Data Security, 2023.
  • Ranked lawyer for IT & Telecoms, Legal 500, 2022.
  • Ranked lawyer for Technology, Legal 500, 2022.
  • Ranked lawyer for Information Technology and Outsourcing, Chambers, 2023.
  • Winner of the Lexology’s Client Choice Awards for Data Privacy & Protection in the UK, 2021.
  • BSI Standards Makers Award for “Representing the UK”, 2019.
  • Winner of the Risk Management Champion Award at the 11th annual CIR Risk Management Awards, 2020.
  • Winner of the “Social Programme of the Year” at the Global Sourcing Association UK Awards for Best Practice in Strategic Sourcing, 2020.
  • Finalist for the Solicitor (Private Practice) of the Year at the Law Society Excellence Awards, 2020.
  • Winner of the Governance Champion of the Year at The Chartered Governance Institute Awards, 2021.
  • Finalist for the Personal Initiative Award at the EMEA World Commerce and Contracting Innovation & Excellence Awards, 2021.
  • Highly Commended in the category of International Risk Initiative of the Year at the International Institute of Risk & Safety Management Risk Awards, 2021.
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Publications

  • Artificial Intelligence Guidance on Risk Management – ISO 23894 Coming Soon, Risk and Compliance, (October-December 2022).
  • How to ensure governance of artificial intelligence, Board Agenda (August 2022).
  • Managing contractual risk in the supply chain, Risk and Compliance, (July-September 2022).
  • New Zealand Data Protection Overview , OneTrust Data Guidance (September 2021).
  • ISO standard for managing legal risk: Implications for compliance teams, Lexology Pro (May 2020).
  • Lessons learned - contract renewals and exit management, Financier Worldwide (August 2018).
  • What drone regulations apply now? Supply Management (May 2018).
  • IT-Procurement and the Risk of Unintended Fees for Indirect Software Usage, Computer Law Review International (CRi), (April 2017).
  • The Internet of Things: The key liability issues to consider, Digital Business Lawyer (March 2017).
  • Cloud provider commitments to the CMA over customer T&Cs, E-Commerce Law and Policy (February 2017).
  • Europe’s tough new law on biometrics, Biometrics Technology Today (February 2017).
  • Try before you buy - the merits and operation of acceptance testing, Procurement & Outsourcing Journal (January/February 2017).
  • Cyber Crime and the Law, ITNow (December 2016).
  • Head in the Cloud and Feet on the Ground – FCA Guidance on Cloud Computing, Procurement & Outsourcing Journal (November/December 2016).
  • The Root of all Evil – Pricing Models, Procurement & Outsourcing Journal (September/October 2016).
  • The FCA focusses on the cloud with finalised guidance, E-Finance & Payments Law & Policy (September 2016).
  • Pharmacies – get ready to move to the cloud, Pharmacy Management (2016).
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Lectures list

  • Speaker, IT Law Summer School, Downing College, Cambridge University, 2023.
  • Speaker, eWorld Purchasing & Supply, 2012 - 2023.
  • Speaker, iTechLaw, 2012, 2014, 2016, 2018, 2019 and 2022.
  • Speaker, Annual Canadian IT Law Association Conference, 2014 – 2016, 2022.
  • Speaker, Practising Law Institute (USA), 2020 and 2021.
  • Speaker, Westminister eForum policy conference, 2014, 2015, 2016, 2017, 2021 and 2022.
  • Speaker, British Standards Institute, 2021 and 2022.
  • Panellist at Sandpiper’s 13th Annual Global Law Leaders Conference, 2020.
  • Speaker, UCL IP Transactions Course, 2012 - 2022.
  • Speaker, CLT IT and Outsourcing Course, 2012 - 2020.
  • Speaker, British Computer Society Legal Day, 2011, 2013, 2014, 2017 and 2018.
  • Speaker, CIPS Annual Conference, 2011 - 2015.
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Education

  • 2004 – D.B.A., CCU, USA.
  • 2000 – M.B.S (Distinction), Massey University, New Zealand.
  • 1997 – LL.B., The University of Waikato, New Zealand.
  • 1997 – B.M.S., (1st class Hons), The University of Waikato, New Zealand.
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08/05/2024
2024 World Technology Law Conference in Washington
CMS lawyers are pleased to be attending the ITechLaw World Technology Law Conference 2024 held in Washington on 8-10 May. Below you can find an overview of our attending partners, representing a large range of jurisdictions and practice areas. To arrange a meeting, please contact the individual lawyers directly. At CMS, we are proud to have some of the leading global legal specialists in the technology, media and communications sector. Fuelled by huge customer demand for cutting-edge products and increased supply of pioneering services, the sectors of technology, media and communications are each undergoing unprecedented change. Innovation is key, and so tech and telecoms suppliers, and creators and distributors of media, need to protect their investments and maximise their commercial opportunities. At CMS, our global team of over 1000 specialist Technology, Media and Communications (TMC) lawyers has been exposed to virtually every risk and challenge you face. With our long-standing focus on advising players, users, regulators and financiers in the sector, we are best placed to deliver innovative solutions through our award-winning disputes, transactions, IP, commercial, data privacy and security, employment and tax practices. To find out more about our capabilities across TMC, please visit International TMC webpage. For further information, please see our partners attending the congress in the gallery below and an overview of all our expertise areas.
26/03/2024
CMS advises SEFE on all aspects of acquiring WIGA Group
Hamburg – SEFE Securing Energy for Europe GmbH (SEFE) has acquired all the shares in WIGA Transport Beteili­gungs-GmbH & Co. KG (WIGA) from its co-shareholder Wintershall Dea AG. The transaction is currently awaiting approval from the competition authorities. SEFE is wholly owned by the Federal Republic of Germany. WIGA owns regulated gas pipeline operators GASCADE Gastransport GmbH and NEL Gastransport GmbH, who operate one of the largest high-pressure gas networks in Germany with a combined length of around 4,150 kilometres. These networks have a key role to play in European energy security and the green energy transformation. The transaction will strengthen SEFE in its role of ensuring secure and reliable energy supply in Germany and Europe, as well as boosting its hydrogen ex­pert­ise.“With the full acquisition of WIGA as sole shareholder, we are strategically strengthening SEFE as an independent and autonomous midstream company,” commented Reinhard Gorenflos, Chairman of the SEFE Supervisory Board.“SEFE being the sole shareholder of WIGA will ensure that GASCADE can convert the existing high-performance infrastructure to hydrogen in the future. In this way, we can help drive forward the green energy transformation. Transportation infrastructure is a pivotal part of the future hydrogen value chain,” said Dr Egbert Laege, CEO of SEFE. “The two WIGA subsidiaries, GASCADE and NEL, will continue to operate independently and market their capacity in a transparent and non-dis­crim­in­at­ory manner.”SEFE CFO Dr Christian Ohlms highlighted the importance of WIGA with regard to the privatisation of SEFE, which is due to take place by the end of 2028: “With this transaction, which is expected to complete by summer 2024, we are strengthening SEFE’s asset base. Our aim is to continue the long-term development of SEFE on a stable financial footing.”A multinational CMS team headed by Hamburg-based partner Dr Holger Kraft advised SEFE on all aspects of acquiring WIGA. In addition to extensive due diligence on the entire WIGA Group, including GASCADE and NEL, which are regulated under energy law, this work covered negotiation of the share purchase agreement and separate agreements with the shareholders of Wintershall Dea AG. Alongside negotiating the transaction agreements, the advice focused on safeguarding the transaction through several W&I insurance agreements, including negotiating the policies, and handling regulatory issues relating to gas network operation and other public-law matters. CMS Germany worked closely with the CMS law firms in the UK and Luxembourg, and with US law firm Faegre Drinker Biddle & Reath LLP. CMS previously advised the Federal Network Agency (BNetzA) and the Federal Ministry for Economic Affairs and Climate Action in 2022 and 2023 around their trusteeship over SEFE and its subsequent nationalisation by way of corporate actions. The instructions for this transaction followed on from that successful cooperation. About SEFE:As an integrated midstream energy company headquartered in Berlin, SEFE Securing Energy for Europe ensures the security of energy supply in Germany and Europe and is driving the green energy transformation. SEFE is active in trading & portfolio management, sales, transportation and storage of energy and has its strongest presence in Germany and the UK. SEFE employs around 1,500 people and supplies over 50,000 customers, in particular industrial customers and municipal utilities in Germany and seven other European markets. With a sales volume of around 200 TWh of power and gas, SEFE plays a central role in stability of the energy supply in Germany and Europe. SEFE is owned by the Federal Government of Germany. CMS Germany Dr Holger Kraft, Lead Partner Dr Jan Schepke, Partner Matthias Sethmann, Principal Counsel Dr Dirk Baukholt, Principal Coun­sel Char­lotte von der Heydt-von Kalckreuth, Counsel Dr Stefan Kühl, Senior Associate Dr Paul Kintrup, Senior Associate, all Corporate/M&A Dr Rolf Hempel, Partner Dr Friedrich von Burchard, Partner Nicole Köppen, Senior Associate, all Regulatory Dr Hermann Müller, Partner Dr Arno Görlitz, Associate, both Public Commercial Law Dr Martin Mohr, Partner Dr Olaf Thießen, Principal Counsel, both Tax Dr Alexandra Schluck-Amend, Partner Manuel Nann, Senior As­so­ci­ate Pit-Jo­hannes Wagner, Associate, all Restructuring Dr Andreas Hofelich, Partner Dr Mario Brungs, Counsel Dr Lena Pingen, Associate, all Em­ploy­ment/Pen­sions Dr Fritz von Hammerstein, Partner Jan Gröschel, Senior Associate Heike Weyer, Senior Associate, all Public Law Dr Stefan Voß, Partner Tamara Bux, Associate, both Real Estate Dr Sebastian Cording, Partner Martin Krause, Partner Dr Shaya Stender, Associate Joel Coché, Associate, all Commercial Dr Julia Runge, Principal Counsel, Finance Dr Michael Bauer, Part­ner Chris­toff Henrik Soltau, Partner Dr Robert Bodewig, Senior Associate Luisa Thomasberger, Associate, all Antitrust, Competition & Trade CMS UK Russel Hoare, Partner Sam De Silva, Part­ner Jean-Fran­cois Willems, Of Counsel Jennifer Louch, Senior As­so­ci­ate Max­imili­an Weaver, Senior Associate Louisa Mottaz, Associate CMS Luxembourg Angelique Eguether, Senior As­so­ci­ate Guil­laume Flagollet, Managing Associate Faegre Drinker Biddle & Reath LLP (USA) Mollie D. Sitkowski Inhouse at SEFE Securing Energy for Europe GmbH Dr Jörg Kammerer Jörn RimkePress Con­tact presse@cms-hs. com
25/03/2024
CMS Expert Guide on Price Increases in Commercial Contracts
Businesses continue to face significant cost pressures and many are having to consider increasing the prices of their goods and services in order to remain viable. Over the last few years, a range of...
Comparable
21/11/2023
CMS Commercial Global Brochure
Commercial law reaches into all sectors. It is at the core of every business. With over 400 Commercial lawyers across 45 countries globally, we can help you across a range of Commercial issues in all...
10/10/2023
Governing AI in the UK: Interim Report by the House of Commons
The Science, Innovation and Technology Committee appointed by the House of Commons has recently published a report titled “The Governance of Artificial Intelligence: Interim Report” ("the Report")...
22/09/2023
A Roadmap to a Resilient AI Ecosystem: Policy Considerations for the UK
According to a recent briefing paper published by the Centre for Emerging Technology and Security (CETaS) and the Centre for Long-Term Resilience (CLTR), the UK is inadequately resilient to the risks...
08/08/2023
Igniting the Path to Trustworthy AI: European Standards and the AI Act
In the realm of AI, all eyes are on the ground-breaking AI Act (the “AIA”), a momentous EU legislation which will apply to providers, users, importers, and distributors of AI systems within the European...
16/04/2023
ACC Europe Annual Conference 2023
CMS - Meet our Experts
14/04/2023
Managing AI: What Businesses Should Know about the proposed ISO Standard
IntroductionThe International Organisation for Standardisation (“ISO”) has published a draft international standard on AI management systems, ISO 42001 (the “AI MSS”). The draft AI MSS is designed...
27/02/2023
An evening with the UK Information Commissioner
CMS was delighted to partner and work with The Law Society (TLS) and the City of London Law Society (CLLS) to provide the opportunity for members of the legal profession (both in private practice and...
08/11/2022
Managing AI Risks effectively: a North American perspective
The National Institute of Standards and Technology (“NIST”), the U.S. government agency, has recently published the second draft of its AI Risk Management Framework (the “Framework”) accompanied...
08/09/2022
Technology Transformation - Consumer Products & Retail
Digitalisation has transformed how consumer products are manufactured, distributed and sold. The push to maintain a competitive advantage, drives increased investment in new technologies. This investment may reduce operational cost and ease the retention of legacy systems, but what challenges arise and how do businesses approach the changing risk profile?This report is a deep dive into data first produced for the re­port Tech­no­logy Transformation: Managing Risks in a Changing Landscape. In the original report we surveyed over 500 corporate counsel and risk managers from multiple industries across the world. Here, we look in detail at the 75 respondents surveyed in the consumer and retail sector, and their perspectives on the risks associated with busi­ness-crit­ic­al technologies, including emerging technologies. Our survey shows that businesses across the sector, whether retailers or manufacturers, have the same concerns but the influences on the adoption of technology, the resulting risks, and the approaches taken to mitigate or resolve those risks vary depending on whether or not the business involves a direct sales relationship with the consumer. Download the consumer and retail sector report now to read about: Drivers of technology adoption in the consumer and retail sectorNew risks emerging and traditional barriers to risk man­age­ment­Cur­rent technology risks in the consumer and retail sectorFuture risks and measures to deal with themPreferred approaches to technology dispute resolution for the consumer and retail sector