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Olga Belyakova

Partner

CMS Cameron McKenna Nabarro Olswang
6th Floor,
38 Volodymyrska Street,
01054 Kyiv
Ukraine
Languages Ukrainian, Russian, English, German

Olga Belyakova is a Partner in the Commercial practice group in Kyiv office of CMS Cameron McKenna Nabarro Olswang and a 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.

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"Lawyer of the Year for Telecommunications law and recommended lawyer for IT law"

Best Lawyers, 2020

“knowledgeable, service-minded and extremely impressive.”

Chambers Europe, 2012-2021

Relevant experience

  • 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
  • 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
  • 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
  • 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
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Memberships & Roles

  • American Chamber of Commerce in Ukraine, Co-Chair of IT Committee
  • Admitted to the Bar of Ukraine 
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Publications

2024

2023

2022

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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
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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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12/05/2022
10 key aspects of the revised EU competition law in the field of distribution...
The new Vertical Block Exemption Regulation (VBER) and the new accompanying Vertical Guidelines (VGL) were published on 10 May 2022. The new VBER will enter into force on 1 June 2022 and apply for the next twelve years. The new VBER/VGL introduce sev
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...
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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30/10/2024
2024 ITechLaw European Conference in Munich
CMS lawyers are pleased to be attending the ITechLaw European Conference 2024 held in Munich on 30 October - 1 November. Below you can find our top tips for those visiting Munich for the conference, helpfully provided by our Technology lawyers based in the Munich office:Munich (Germany) is the capital of Bavaria. It is a city strongly influenced by Bavarian traditions and rich in history and culture. Many people refer to Munich as the northernmost city in Italy. This is due to the mild summer climate, a touch of Mediterranean flair and the short geographical distance to Italy. Some Facts: Distances:From Munich to the Italian border = 180 Km (approx. 112 miles)From Munich to Hamburg = 770 Km (approx. 480 miles)From Munich to Berlin (580 Km (approx. 360 miles)Pop­u­la­tion:1.589.706 inhabitants (2024). The third-largest city in Germany after Berlin and Ham­burgThe city's metropolitan region is home to about 6.2 million people and the third biggest metropolitan region by GDP in the European Uni­on­Re­com­men­ded:Art and Culture: Munich boasts world-class museums, galleries, and theaters. Visit the Alte Pinakothek for art lovers, the Deutsches Museum for science enthusiasts, and catch a performance at the Bavarian State Opera. Rich History: Munich is steeped in history, from its medieval origins to its role as the capital of Bavaria. Explore iconic landmarks like Marienplatz, Nymphenburg Palace, and the historic city gates. Green Spaces: Escape the hustle and bustle of the city in Munich's expansive green spaces. Relax in the English Garden, one of the largest urban parks in the world, or explore the botanical wonders of the Botanical Garden. Transportation: Munich's efficient public transportation system makes it easy to navigate the city. Utilize the U-Bahn, S-Bahn, trams, and buses (the easiest way to buy tickets is via MVV app), or explore by bike along the city's extensive network of cycling paths. Day Trips: Take advantage of Munich's central location to explore nearby attractions. Embark on day trips to the fairytale Neuschwanstein Castle, the picturesque town of Rothenburg ob der Tauber, or the charming villages of the Bavarian Alps. English-friendly Destination: While German is the official language, English is widely spoken and understood in Munich. Visitors can easily communicate with locals and navigate the city without language barriers. Safety and Cleanliness: Munich is known for its safety and cleanliness. Enjoy peace of mind as you explore the city's streets, parks, and attractions. Beer Culture: Munich is synonymous with beer, particularly during Oktoberfest. Experience Bavarian beer culture at traditional beer gardens like Hofbräuhaus and Au­gustin­er-Keller. Bavarian Cuisine: Indulge in hearty Bavarian dishes such as weißwurst (white sausage), pretzels, schnitzel, and sauerkraut. Don't miss out on trying traditional Bavarian delicacies at local restaurants and beer gardens e.g. Hofbräuhaus. Not re­com­men­ded:Trav­el­ling without cash: Don’t forget cash (there are still many local markets and smaller establishments that don't accept credit cards in Munich). Late hour shopping: Don't expect 24/7 shopping (unlike most major cities, Munich has strict shopping hours, and the shops close at 8pm on weekdays). Ordering the wrong beer: Don’t order a “Pilsener (Pils)”, always order a “Helles”. Feeding the pigeons: Feeding pigeons is not allowed in and around Munich. Walking on bike lanes: Munich is full of cyclists and there are many bike lanes. Please be aware that there might be a lot of traffic on the bike lanes and watch out for speedy cyclists when you are a pedestrian. 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 suppliers, 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.
06/08/2024
Autonomous vehicles law and regulation in Ukraine
1. Is the testing of AVs (SAE Levels 3-5) permitted on public roads in your jurisdiction? No procedure for testing AVs on public roads has been enacted in Ukraine. Under the general rules, namely the...
18/07/2024
Ukraine joins the EU-Ukraine single mobile-phone roaming zone
On 22 May 2024, Ukrainian Parliament adopted the Law of Ukraine “On Amendments to Certain Laws of Ukraine on the Implementation of the European Union legislation on roaming”, which ensures Ukraine's...
05/07/2024
Ecommerce in Ukraine
I. E-commerce sector – fact and figures 1. Recent growth and trends in e-commerce The e-commerce sector in Ukraine has been growing rapidly over recent years. In 2017, the size of the e-commerce...
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03/07/2024
Expert Guide on Use of outsourced IT personnel in Ukraine
1. Can IT specialists be en­gaged/con­trac­ted directly by a foreign company? Yes. 2. Can IT staff be engaged as contractors? Yes. IT staff can be engaged as contractors as either private entrepreneurs (independent...
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24/06/2024
Digital Defense with Keynote Speech by Stacy Cummings, General Manager...
mediumThe GTWN (Global Telecom Women’s Network) and CMS invite you to join a webinar exploring the current status of digital developments and the impact of upcoming regulations on the pace of change. With the EU leading the way in outlining the frameworks within which development should take place, we will discuss how this will be interpreted globally, and ultimately shape the digital generation. The haunting presence of war continues to dominate news headlines and geopolitical tensions are higher than ever before. What is rarely mentioned however is how the nature of warfare itself is changing, with unprecedented speed. The NATO Support and Procurement Agency's (NSPA) view is that there are now five ‘domains’ of warfare: Land, Maritime, Air, Cyber and Space. Wars have been fought on land and sea for millennia, but war in the air is just over a century old. And we are only beginning to understand what cyber war and space war may mean for the world. Digital technology is fundamental to this transformation. While cyber is naturally digital, digital developments also underpin innovation in each of the four do­mains. NATO’s vision of the future includes the connection of command functions across all five domains through a common network, with a 5G-like network linking mobile command posts and handheld devices, as well as bringing advanced data analytics, cloud computing and AI onto the battlefield. We are delighted to announce that Stacy Cummings, General Manager at the NATO Support and Procurement Agency (NSPA), will be giving our Keynote Speech. Prior to joining NSPA, Ms. Stacy Cummings served as a career member of the Senior Executive Service in the Office of Secretary of Defense in the United States. Most recently holding the position of the Principal Deputy Assistant Secretary of Defense for Acquisition, Ms. Cummings advised the Assistant Secretary of Defense for Acquisition on matters relating to the Department of Defense Acquisition System while advancing innovative, datadriven approaches across the acquisition enterprise. From January 2021, Ms. Cummings was selected to perform the duties of the Under Secretary of Defense for Acquisition and Sustainment. In this position, she was responsible to the Secretary of Defense for all matters pertaining to acquisition, contract administration, logistics and materiel readiness, installations and environment, operational energy, chemical, biological, and nuclear weapons, the acquisition workforce, and the defense industrial base.  Stacy will be accompanied by Olga Belyakova, Partner at CMS in Kyiv. 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. 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.    The discussion will be chaired by GTWN Founding President, global infrastructure, network and innovation expert and entrepreneur, Candace Johnson.   For further information, please take a look at the Digital Defense publication which you can read here.   We look forward to you joining us and having the opportunity to put your questions to our speakers.
06/06/2024
Gambling Regulation: Opportunities and Challenges 2024
The gambling sector in Central and Eastern Europe (CEE) is constantly evolving, driven by regulatory changes that are shaping the industry. CMS is excited to present the third edition of our comprehensive...
06/06/2024
Gambling laws in Ukraine
1. Regulatory framework  1.1 Is there a Gambling Act (or equivalent) in place?     Yes. The Law of Ukraine on the State Regulation of Activity of the Organisation and Conduct of Gambling No 768-IX...
Comparable
30/05/2024
Military transactions to be exempt from merger control during state of...
On 16 May 2024, the Law of Ukraine “On Amendments to the Customs Code of Ukraine and other Laws of Ukraine regarding the Peculiarities of Customs Control and Customs Clearance of Certain Categories...
16/05/2024
Ukraine changes rules for the military draft
The Ukrainian parliament has adopted a number of laws changing the procedure, criteria and liability for non-compliance with the rules of the military draft in Ukraine. This new legislation includes the...
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. 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 suppliers, 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.
06/05/2024
Transfer of IP rights in Ukraine
Pat­ents: As­sign­ment 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective?  A patent can be assigned...
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