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Olga Belyakova
Partner

Olga Belyakova

Co-Head of TMT in CEE

Languages
  • Ukrainian
  • Russian
  • English
  • German
Social media

Olga Belyakova is a Partner and Head of the Commercial practice group at CMS Ukraine and also Co-Head of the Technology, Media and Communications (TMC) sector group in Central and Eastern Europe. With over 20 years of focus in these sectors, Olga is best-placed to deliver innovative solutions and pragmatic advice on IT outsourcing, data protection, cybersecurity, cloud technology, IP and employment issues, as well as operational issues regarding data centres, AI, fintech and social media platforms.

Specifically, Olga is constantly involved in the structuring of employment relations between the companies and software 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 the use of appropriate foreign jurisdictions for purposes of creation of enforceable shareholders relations. Importantly, as a highly-acclaimed specialist in data protection, Olga constantly advises clients on legal issues in relation to the processing and protection of personal data, including with the help of cloud-based technology. In particular, Olga’s expertise includes drafting data protection policies and data transfer agreements, different types of consents in various sectors. Olga also assists leading IT outsourcing and product companies on the transfer and protection of IP rights, as well as software development services agreements.

Olga is a recommended lawyer for IT and a lawyer of the year for Telecommunications law by Best Lawyers. Chambers Europe and Legal 500 directories highly regarded Olga in the field of competition law in Ukraine, which describes her as “knowledgeable, service-minded and extremely impressive."

Olga is an invited professor of law at the National University of Kyiv-Mohyla Academy in Ukraine, works a lot with students and start-ups and helps them enhance their knowledge on legal issues in the IT sector.

Awards & Recognitions
01
  • Quote
    "Lawyer of the Year for Telecommunications law and recommended lawyer for IT law"
    Best Lawyers, 2020
  • Quote
    “knowledgeable, service-minded and extremely impressive.”
    Chambers Europe, 2012-2021

Relevant experience

  • A major tech company on the project related to increasing global satellite broadband access; in particular, we have assisted in conducting preparatory work in terms of regulatory and other legislative compliance in relation to the operation of satellites and assigned radio frequencies in Ukraine
  • An American multinational technology company on setting up and structuring a business and selling cloud services in Ukraine (including during war times); on negotiations with the Ukrainian government concerning the urgent migration of its data to the client’s cloud as well as helping shape the cloud legislation in a way to allow this partnership be even more efficient
  • A major IT company on the project about increasing global broadband access through a constellation of low Earth orbit satellites which will provide fast, affordable broadband to unserved and underserved communities around the world; in particular, we have assisted in conducting preparatory work in terms of regulatory and other legislative compliance in relation to the operation of satellites and assigned radio frequencies in Ukraine
  • An AI/Machine Learning technology company on the establishment of a Ukrainian IT company for the client with its further potential registration in Diia City
  • An international financial institution on a contract to create the software to assist the Ministry of Energy of Ukraine regarding energy shutdowns and energy critical infrastructure
  • An American multinational technology company on providing legal advice and support for Ukrainian tech start-ups and entrepreneurs, covering how to set up and scale their business within Ukraine but with a focus on access to and learning from foreign markets
  • An American technology and media services provider and production company on procedures, requirements and the contents of cash rebates granted to foreign film producers in Ukraine in the context of shooting a new series in Ukraine, as well as on the VAT treatment of production services, taxation of foreign cast and crew, etc
  • Broadcasting services provider on reviewing the client’s stock option plan subject to Ukrainian law requirements
  • UK’s fastest growing provider of telemarketing and lead generation services on various HR matters related to the client’s operations in Ukraine, including implementation of incentive plan for Ukrainian employees; various models of engagement of Ukrainian personnel to minimize the reclassification and tax risks, aspects related to wartime (mobilisation to army, protections and benefits provided to the personnel in this case, etc.)
  • World’s innovative gaming company on a complex analysis of the current structure of relations with Ukrainian team, and IP and employment law advice regarding restructuring employment relations
  • A major international telecom company on due diligence of a group of companies in the IT and Fintech sectors
  • Microsoft on multijurisdictional legal support to the client's audit team responsible for compliance with licensing conditions in Central and Eastern Europe, CIS countries and Israel
  • American multinational technology and social media company on various employment, tax, IP, and commercial matters related to the acquisition of an AI startup
  • Comcast on specialised media, telecommunications and competition law regulation aspects of its aborted bid for Fox
  • Comcast on competition law aspects of its bid for Sky
  • ViaSat on procuring all necessary authorisations for purposes of it providing satellite broadband Internet connection services to passengers of aircraft flying through the Ukrainian air space plus adjusting the applicable Ukrainian regulations to the EU standards in that respect
  • A multinational agrochemical and agricultural biotechnology, Fortune 500 corporation on the possibility of creating and using their own fleet of unmanned aerial vehicles (drones) for remote monitoring of crops and field administration
  • American multinational technology and social media company on various corporate and commercial matters (including drafting/negotiating of various commercial contracts) in connection with launching and running of its Ukrainian business; on various employment matters, including structuring of the relations with its local employees and independent contractors; developed template contractual framework in connection with the same; advised on complex outsourcing project involving several jurisdictions; on implementation of RSU incentive plan to Ukrainian personnel; and day-to-day legal support on various HR matters

Memberships & Roles

  • American Chamber of Commerce in Ukraine, Co-Chair of IT Committee
  • Admitted to the Bar of Ukraine
  • Invited Professor of Law, Kyiv Mohyla Academy

Lectures list

  • January 2021 – ongoing - "Legal writing course" for students of the National University of Kyiv-Mohyla Academy; the course includes 15 practical lessons and focuses on how to properly and competently draft the most commonly used legal documents, how to work on documents individually and in groups, how to correctly assess client’s assignments and prepare legal advice
  • October 2020 – ongoing - “IT law course” for IT specialist at National University of Kyiv-Mohyla Academy; comprising 15 practical lessons based on simulation exercise on setting up and growing a start-up, covering only topics relevant for IT people, including intellectual property rights, service agreements, tax structuring of IT business, building relations with shareholders, compliance matters, employees’ stock options and other benefits
  • 26 April 2020 – Cybersecurity issues for students of the Certification Program on Information Technology Law: KMA & IT Ukraine organised by the Kyiv Mohyla Law Faculty and the IT Association of Ukraine, Kyiv

Education

2011 – Postgraduate Diploma in EU Competition Law, King's College London, University of London
2003 – Admitted to Attorney at Law practice
2001 – Master of Law, National Economic University, Kyiv

Further reading

  • 10 key aspects of the revised EU competition law in the field of distribution (VBER/VGL)

  • Olga Belyakova promoted to Counsel at CMS Cameron McKenna

  • World Data Protection Report: Ukraine's new Data Protection Law Amendments

  • World Data Protection Report August 2013 - Ukraine's Data Protection Regime Fundamentally Altered by...

  • CMS advises Horizon Capital and Zubr Capital on the sale of MTBank in Belarus

  • CMS advises on landmark transaction which brings P&O Maritime to Ukraine for the first time

  • CMS advises Comcast on specialist regulatory aspects of Sky deal

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