Tomáš Ščerba Ph.D.

Partner

Head of Technology

Tomas is an outstanding professional in his field and his in-depth knowledge of IT and contracting law is impressive. His ability to communicate complex legal concepts in a clear and concise manner is remarkable.

— Frantisek Kraus, Manager Accenture

Emailtomas.scerba@dlapiper.com

Call+420 602 333 760

Prague

About

Areas of FocusTechnology Data, Privacy and Cybersecurity Corporate Intellectual Property Technology and Commercial Transactions Regulatory and Government Affairs Artificial Intelligence and Data Analytics Cybersecurity Data Protection Internet of Things Life Sciences Trademark and Copyright Counseling, Strategy, Enforcement and Prosecution Trademark and Copyright Litigation Telecoms

Professional QualificationsAdvokát admitted to the Ceská Advokátní Komora (Czech Bar)

EXPERIENCE

Advising a leading media group operating television stations in several European countries on the issue of compliance implementation of the rules resulting from the AI Act and related legislation, including the setting of a complex governance structure, responsibility matrices and intellectual property management rules.
Advising a Czech state bank in the matter of the transition to the cloud with individual services of its systems with an emphasis on outsourcing rules and cyber security according to the requirements resulting from the DORA regulation, implementing ITSs and RTSs and other laws.
Advised an Austrian winding-up unit of a former credit institution on the complex sale of its Czech subsidiary, a former credit institution undergoing bankruptcy proceedings, through a structured share deal. The transaction involved the intricate transfer of ownership while ensuring compliance with Czech insolvency laws, financial regulatory requirements, and cross-border legal considerations. Our team played a key role in structuring and negotiating the deal, which included the set-off and transfer of mutual liabilities between the parties to optimize the financial outcome for our client. We worked closely with Czech local counsel to navigate insolvency-related restrictions, creditor claims, and approval requirements from relevant financial and regulatory authorities. The deal required careful coordination with stakeholders, including insolvency administrators and regulatory bodies, to secure a legally sound and commercially viable transaction.
Advising an eSports betting company on the incorporation of subsidiaries in various jurisdictions, including the Netherlands, Malta, the US and Brazil, and providing ongoing corporate advice.
Advising Czech startup, developing innovative methods for detecting stress factors related to deception, in preparation of initial analysis concerning regulatory limits of a newly developer AI solution for lie detection.
Advising a Swedish multinational engineering company specializing in products and services for mining, rock excavation, rock drilling and rock processing in their NIS2 implementation.
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 a global beer, spirits, soft drinks and food business group in connection with the preparation and negotiation of various complex IT, infrastructure and telco outsourcing 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.

Languages

Education

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

Prior Experience

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.