Tomáš Ščerba Ph.D.Partner
He primarily focuses on ICT law (commercial technology transactions, on-line contracting, cybersecurity, IT outsourcing, AI, online and cloud services, telco contracts), IP law (trademarks portfolio optimization, SW licensing, copy rights and copy lefts, patents, TSAs), commercial and contract law (consumer law, framework agreements and general terms, template contracts, ecommerce), competition matters, compliance and regulatory (data processing compliance, whistleblowing, ethical codes, regulatory compliance for financial institutions) and energy law (electricity contracts, energy outsourcing, power-to-gas licensing, ESG, unbundling, energy data hubs, consumer contracts carve-outs).
He has advised clients across a broad range of sectors, including technology, telecoms, media, financial services, energy and critical infrastructure or public authorities.
In addition to his law practice, he is a lecturer at Masaryk University in Brno and other foreign institutions, is a member of the editorial boards of prestigious professional journals and the author of a number of publications and articles focused on IT law and cyber security.
- Advising largest energy group in central Europe on establishment of the group SOC (Security Operation Center) gathering, analyzing and navigating cyber security incidents. This several years lasting project included complex legal assistance with preparation of respective contractual arrangements along with governing pyramidal internal documentation.
- Advising a Central European gas transmission system operator with respect to issues related to the operation of equipment used for the methanation of hydrogen and the injection thereof into the gas transmission system, with a particular view to legal analysis concerning unbundling (Power2Gas-type project).
- Advising a Czech multinational cybersecurity software company on its USD 9.2 billion merger with US based software company.
- Advising a major Czech bank within an in-depth analysis of the requirements related to the implementation of dynamic biometric signatures into contractual processes with clients (ultimate consumers) covering related cybersecurity and GDPR issues. Legal assistance consisted of the assessment of a number of internal documentation, new concepts of liveness check, artificial intelligence modules along with assessment of due adaptation to the conditions of DPA's decision-making practice.
- Advising Insolvency trustee on the CZK 41 billion sale of Sberbank CZ’s assets to Česká Spořitelna where the unique transaction represents the largest M&A deal in the Czech banking sector since the privatization of major banks at the turn of the millennium. Legal assistance consisted of preparation of TSA governing transfer of data sets along with complex data protection advisory.
- Advising a global beer, spirits, soft drinks and food business group in connection with the preparation and negotiation of various complex IT, infrastructure and telco contracts predominantly with the biggest global service providers.
- Advising a global private equity investor in the USD 2.1 billion acquisition of a media and entertainment company operating leading businesses in Central and Eastern Europe. Legal advisory included IP, compliance, cyber and information security aspects of the transaction.
Masaryk University in Brno, Faculty of Law, Ph.D., 2012
Masaryk University in Brno, Faculty of Law, JUDr., 2009
Masaryk University in Brno, Faculty of Law, Mgr., 2007
Universiteit Gent, Faculty of Law, one semester study, 2005
- 2019 – 2023, Local Partner, a Global law firm
- 2007 – 2019, Associate, Czech law firm
Memberships and Affiliations
- Referee Board of Masaryk University Journal of Law and Technology.
- Ad-hoc referee of the Institute of State and Law of the Czech Academy of Sciences journal The Lawyers Quarterly.