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Olga Belyakova

Partner
CMS Cameron McKenna Nabarro Olswang

Kyiv (Volodymyrska Street)
6th Floor, 38 Volodymyrska Street
01054 Kyiv
Ukraine
Languages Ukrainian, Russian, English, German

Olga Belyakova is a Partner in Commercial practice group and CEE Co-head of the Technology, Media and Communications (TMC) sector group in Kyiv office of CMS Cameron McKenna Nabarro Olswang, with over 20 years in the sector with special focus on IT and technologies sectors. With long-standing focus in these sectors, Olga is best-placed to deliver innovative solutions and timely advice on IT outsourcing, data protection, cybersecurity, cloud technology, IP and employment issues, as well as satellite broadband Internet connection services, joint use of dark-fibre facilities, leasing of telecommunication circuits and telecommunication equipment, and operational issues regarding data centres.

Specifically, Olga is constantly involved in the 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 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 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 to be provided by data subjects and others. Olga also assists leading IT companies on various issues of implementation of outsourcing projects, in particular advising on the transfer and protection of IP rights agreements for IT companies and their clients, 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 2020 and by the Chambers Europe 2012-2020 edition in the field of competition law in Ukraine, which describes her as “knowledgeable, service-minded and extremely impressive."

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Olga is recognised as a Lawyer of the Year for Telecommunications law and recommended lawyer for IT law.

Best Lawyers, 2020

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

Chambers Europe 2012-2019

Relevant experience

  • 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
  • Ring on various questions of Ukrainian law concerning the import and use of Ring home security products on the Ukrainian market
  • Uber on preparing a comprehensive risk analysis in terms of the legal aspects of competition, regarding certain exclusivity arrangements, tax and currency control rules for the introduction and implementation of a new payment option and functions in the special application Uber Eats in Ukraine
  • 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
  • Game Show Network on legal analyses of IT outsourcing agreement with Ukrainian software developers; analyse of various options of the establishment of business in Ukraine
  • ViaSat on procuring all necessary authorisations for purposes of it providing satellite broadband Internet connection services to passengers of aircrafts 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
  • Turk Telekom International HU Kft. on the Ukrainian law requirements with respect to the protection of high-risk personal data in Ukraine and cross-border transfer of personal data outside of Ukraine
  • LINX on the legal aspects of the establishment and operation of data centres in Ukraine, as well as Ukrainian data privacy issues related to a data centre’s business
  • 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
  • Diageo, preparing Ukrainian data protection rules including rules relating to the exploration of data outside of Ukraine
  • Corona International in connection with the conduction of non-interventional clinical trials (including drafting the patient's informed consent); localisation of the data collection agreement and some other documents related to the subject matter
  • One of the world’s leading healthcare company on the drafting of patient privacy notes and consent form for purposes of handling a therapy information system
  • Intel, a major international IT components manufacturer, on due diligence of radiofrequency license of Ukrainian subsidiaries, and then subsequently advised on Ukrainian radio frequency laws implications
  • Cloud Made Limited on various aspects of the sale of its cloud technology business
  • 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
  • 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
  • American electronic commerce and cloud computing company – on various issues related to potential operations in Ukraine (owning/leasing and operating equipment in Ukraine), including advising on a wide variety of IP issues, on data transfer relations, copyright issues, etc
  • A home security company on various questions of the Ukrainian law in connection to the import and use of client’s home security products on the Ukrainian market
  • Microsoft Corporation on intellectual property law and employment law advice  in relation to planned M&A deals
  • American IT company in relation to various intellectual property legal matters regarding structuring of its commercial relations with Ukrainian partners, including proper structuring of assignment of intellectual property objects created by the partners to our client
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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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Publications

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Lectures list

  • 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
  • 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
  • 2 October 2019 - Facts and Tips for Cybersecurity, Legal Cybersecurity Forum, Kyiv
  • 2 July 2019 – IT law program for Start-Up Grind, Dnipro
  • 12 March 2019 – cybersecurity challenges in CEE, preventive and reactive measures to cyber incidents, the American Chamber of Commerce in Ukraine, Kyiv
  • March 2017 – separate module “Law in IT” for the MBA program in LvBS, Lviv
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14/07/2014
Olga Belyakova pro­moted to Coun­sel at CMS Camer­on McK­enna
The part­ners of CMS Camer­on McK­enna are pleased to an­nounce that Olga Belyakova has been pro­moted to the po­s­i­tion of Coun­sel at the in­ter­na­tion­al law firm`s Ky­iv of­fice. Olga ad­vises cli­ents on M&A, cor­por­ate, com­pet­i­tion and gen­er­al com­mer­cial is­sues with a spe­cial fo­cus on the tech­no­logy, me­dia and com­mu­nic­a­tion sec­tor (TMC).With over ten years’ ex­per­i­ence in the TMC sec­tor, Olga reg­u­larly ad­vises mul­tina­tion­al and loc­al tele­com­mu­nic­a­tion, IT and oth­er com­pan­ies on reg­u­lat­ory is­sues, inter-op­er­at­or re­la­tions, tele­vi­sion re­lated is­sues, ac­quis­i­tions of tele­com­mu­nic­a­tion and tech­no­logy com­pan­ies, and the sale and pur­chase of tele­com and tech­nic­al fa­cil­it­ies.Olga’s gen­er­al cor­por­ate and com­mer­cial ex­per­i­ence com­bines broad ex­pert­ise in mer­gers and ac­quis­i­tions and in ne­go­ti­at­ing vari­ous type of com­mer­cial con­tracts, in­clud­ing the sale and pur­chase, pro­cure­ment, re­cruit­ment and ad­vert­ising of ser­vices.Olga is a re­com­men­ded law­yer in the Cham­bers Europe 2012-2014 edi­tion in the field of com­pet­i­tion law in Ukraine, which de­scribes her as “know­ledge­able, ser­vice-minded and ex­tremely im­press­ive.Daniel Bil­ak, Man­aging Part­ner of the Ukraine of­fice of CMS Camer­on McK­enna, com­men­ted that: “Olga is a key part of our on-go­ing ef­forts to build a mar­ket-lead­ing cor­por­ate com­mer­cial prac­tice and to con­tin­ue to grow our TMC cap­ab­il­it­ies; we be­lieve that this sec­tor will be a key driver of growth in Ukraine`s eco­nom­ic de­vel­op­ment”.
15/03/2018
Our team in Ky­iv re­cently held a spe­cial event as part of their 'Em­powered...
29/01/2013
World Data Pro­tec­tion Re­port: Ukraine's new Data Pro­tec­tion Law Amend­ments
Olga Belyakova writes an art­icle for the World Data Pro­tec­tion Re­port.To read the full art­icle, please down­load the PDF.

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1 July 2020
Sign­ing with e-sig­na­ture in CEE
This guide fo­cuses on the most im­port­ant leg­al areas where elec­tron­ic sig­na­tures are usu­ally used: em­ploy­ment law, com­mer­cial con­tracts, real es­tate law, cor­por­ate law and bank­ing and fin­ance con­tracts. This guide ad­di­tion­ally in­cludes help­ful at-a-glance
22 July 2020
CMS Ex­pert Guide to e-sig­na­tures in com­mer­cial con­tracts
This CMS Ex­pert Guide fo­cuses on com­mer­cial con­tracts where elec­tron­ic sig­na­tures are used. It in­cludes an over­view that com­pares the dif­fer­ent leg­al situ­ations and uses of e-sig­na­tures across each of the in­ter­na­tion­al jur­is­dic­tions.
28 July 2020
Ukraine es­tab­lishes tax in­cent­ives for for­eign and loc­al film pro­du­cers
On 21 Ju­ly 2020, the Ukrain­i­an par­lia­ment ad­op­ted a law aimed at fur­ther pro­mot­ing film pro­duc­tion in Ukraine by grant­ing tax in­cent­ives to both loc­al and for­eign film pro­du­cers. The new law is a long-awaited...
26 June 2020
Use of Out­sourced IT per­son­nel in Cent­ral and East­ern Europe
Use of Out­sourced IT per­son­nel in Cent­ral and East­ern Europe guide from CMS look at key leg­al is­sues that arise with­in CEE. Find out more.
21 May 2020
CMS Ex­pert Guide to autonom­ous vehicles (AVs)
This CMS Ex­pert Guide brings to­geth­er ana­lys­is from leg­al ex­perts across our in­ter­na­tion­al net­work on the leg­al re­quire­ments that must be ob­served for test­ing and us­ing AVs at dif­fer­ent levels of auto­ma­tion.
17 July 2020
Ukraine passes gambling law
On 14 Ju­ly 2020, the Ukrain­i­an par­lia­ment passed a new law, which sets a leg­al frame­work for and leg­al­ises gambling in Ukraine after its ban in 2009. This art­icle is based on the most re­cently avail­able...
23 June 2020
Coronavir­us (COV­ID-19) and Pri­vacy
In the last few months, we have seen or­gan­isa­tions across Europe im­pos­ing vari­ous ob­lig­a­tions on their em­ploy­ees, vis­it­ors and cus­tom­ers to fight the spread of the COV­ID-19 vir­us. CMS has pub­lished com­pre­hens­ive data pro­tec­tion guid­ance for those em­ploy­er
27 March 2020
CMS Ex­pert Guide to com­pet­i­tion law dur­ing coronavir­us crisis
28 April 2020
Ukraine passes pro­ced­ur­al changes for pub­lic pro­cure­ment claims
On 13 April 2020, the Ukrain­i­an par­lia­ment passed upon the first read­ing the draft law aug­ment­ing the ad­min­is­tra­tion of pub­lic pro­cure­ment claims by the An­ti­mono­poly Com­mit­tee of Ukraine (AMC). Cur­rently,...
20 April 2020
CEE Green­field Guide
This guide to in­vest­ment in the Cent­ral and East­ern European (“CEE”) re­gion is in­ten­ded to help po­ten­tial in­vestors un­der­stand what in­cent­ives are avail­able when in­vest­ing in the lead­ing coun­tries in CEE. It also sets out in­form­a­tion about the pro­cess for
03 February 2020
CMS Ex­pert Guide to 5G reg­u­la­tion and law
5G: Across coun­tries, some tech­nic­al para­met­ers are com­mon; the same can­not be said for reg­u­la­tion. Find here a guide about the key 5G re­lated reg­u­lat­ory po­s­i­tions be­ing taken in 40 jur­is­dic­tions.
10 February 2020
Ukraine: new re­quire­ments for dis­clos­ure of in­form­a­tion on UBOs and own­er­ship...
In Decem­ber 2019, the Par­lia­ment of Ukraine ad­op­ted a new law that sub­stan­tially af­fects com­pli­ance ob­lig­a­tions for Ukrain­i­an leg­al en­tit­ies re­gard­ing dis­clos­ure of in­form­a­tion on ul­ti­mate be­ne­fi­cial...