Olga Belyakova

Practice Areas

TMC – Technology, Media & Telecommunications, Intellectual Property, Public Procurement, Employment, Commercial – Antitrust, Competition and Trade, Insurance, Data Protection, Cloud Computing

Career

Olga is a partner in the Commercial practice group and CEE Co-head of the Technology, Media and Communications (TMC) sector group, with over 20 years’ experience in the sector and with a special focus on the IT and technologies sectors. She constantly advises TMC sector on a wide variety of M&A, corporate, commercial and regulatory matters coordinating projects in CEE and Central Asia.

Specifically, Olga is constantly involved in the legal structuring of IT and other businesses, including building legally effective shareholders relations, covering all aspects of the corporate set-up of the businesses, creating efficient relations between the companies and their specialists, as well as proper tax structuring of the businesses using the local and foreign jurisdictions. Olga also assists leading IT services and product companies on the sufficient transfer and protection of IP rights, as well as advising on commercial matters with software development services and other agreements. Olga also has an in-depth knowledge in cloud law and advised various clients on migration of their data to the cloud. As a highly-acclaimed specialist in data protection, Olga also constantly advises clients on legal issues in relation to processing and protection of personal data, including with the help of cloud-based technology.

As a highly acclaimed specialist in employment, Olga Belyakova constantly advises clients on legal issues regarding labour law matters such as dismissals, employee’s transfers, out-staffing, structuring of employment relations with a large number of people, immigration issues, drafting various employment policies, and outsourcing projects. Olga is regularly involved in structuring of employment relationships in the IT sector, in especially particular relations between the companies and developers, including suggesting and creating proper equity incentive schemes at various management levels, non-solicitation and confidentiality commitments of from IT staff, and tax structuring of the IT businesses with the use of appropriate foreign jurisdictions for purposes of creation of enforceable shareholders relations. Olga also has experience in advising on all aspects of employment law pertinent relevant to M&A transactions.

As a competition lawyer, Olga advises a variety of clients on merger control issues, concerted actions, and anti-competitive conduct on the market. Olga’s general commercial experience combines broad expertise in negotiating various types of commercial contracts, including sale and purchase agreements, procurement agreements, recruitment agreements and agreements relating to the advertisement of services.

Olga is a recommended lawyer for Information Technology law, Technology law and Telecommunications law, Bet-the-Company Litigation, Competition / Antitrust law, Corporate Governance and Compliance Practice by Best Lawyers rankings. 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 recognised as a “practice leader by client’s choice” in the field of IT Law by recent “TOP-100 Lawyers of Ukraine by clients' choice” rankings.

Since 2020 Olga has been an invited professor of law in the National University of Kyiv-Mohyla Academy, where she teaches such subjects as Fundamentals of IT Law and Fundamentals of Legal Writing.

Professional Memberships

European Business Association, American Chamber of Commerce, Joint-Chamber Commerce, U.S.-Ukraine Business Council (USUBC).

In March 2023, Olga was elected as a Co-Chair of the IT Committee of the American Chamber of Commerce in Ukraine. In this role, Olga will focus on the development of a cloud law framework, close cooperation with tax and banking committees to help IT industry enhance its strong position in the national economy as well as promoting it abroad, and sharing best international legal practices in the tech industry.

Publications

• January 2024 – Where Tech Leads, Legislation Follows

• January 2024 – Regulating a Revolution: AI-Driven Innovation in CEE and Beyond

• May 2023 – Gaming industry versus traditional media business: opportunities in the new digital reality

• April 2023 – Ukraine expands IP rights protection regulation

• March 2023 – Ukraine imposes sanctions on gambling companies

• March 2023 – Military-Tech: чи є перспективи?

• February 2023 – OTT and the Competition for Consumers

• February 2023 – Ukraine introduces new rules for reservation (exempting) of employees from mobilisation

• February 2023 – Ukraine reforms copyright regulation system in line with EU standards

• January 2023 – Ukraine temporarily cancels electronic auctions in ProZorro e-procurement system

Languages Spoken

English, German, Ukrainian, Russian

Education

Expert in these Jurisdictions

Ukraine, CEE/CIS

Clients

EBRD, Microsoft, Comcast, Viasat

Work Highlights

• 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

• 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

Industry Sector Expertise

IT, Telecom, consumer products, gaming, gambling, defense technology,