Tomáš Ščerba Ph.D.

Partner
Head of Technology
Working with Tomáš has always been a great experience. His in depth knowledge of IT and contracting law as well as understanding business is outstanding, and his ability to communicate complex legal matters in a clear and concise way sets him apart.
— Vlastimil Venclík, CEO & Co-founder, Oddin.gg
Prague
About

Tomáš Ščerba has almost 20 years of experience in corporate law, with a primary focus on the technology sector.

He primarily focuses on ICT law (commercial technology transactions, on-line contracting, cybersecurity, IT in/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, AI and cyber security.

Areas of FocusTechnologyData, Privacy and CybersecurityCorporateIntellectual PropertyTechnology and Commercial TransactionsRegulatory and Government AffairsArtificial Intelligence and Data AnalyticsInternet of ThingsLife SciencesTrademark and Copyright Counseling, Strategy, Enforcement and ProsecutionTrademark and Copyright LitigationTelecoms
Professional QualificationsAdvokát admitted to the Česká advokátní komora (Czech Bar Association)

EXPERIENCE

  • Advising a leading media group operating television stations across several European countries on compliance with the AI Act and related legislation, including the implementation of governance structures, responsibility matrices and intellectual property management frameworks.
  • Advising a Czech state bank on its transition to cloud-based services, with a particular focus on outsourcing requirements and cybersecurity obligations under the DORA Regulation, implementing ITS and RTS standards, and related legislation.
  • Advising an Austrian winding-up unit of a former credit institution on the complex sale of its Czech subsidiary, a former credit institution in bankruptcy proceedings, through a structured share deal. The transaction involved compliance with Czech insolvency law, financial regulatory requirements and cross-border legal considerations, including the set-off and transfer of mutual liabilities and coordination with insolvency administrators and regulators.
  • Advising an eSports betting company on the incorporation of subsidiaries in multiple jurisdictions, including the Netherlands, Malta, the US and Brazil, and providing ongoing corporate law advice.
  • Advising a Czech start-up developing innovative methods of deception detection on the regulatory limitations applicable to a newly developed AI-based lie detection solution.
  • Advising a Swedish multinational engineering company specialising in mining, rock excavation, drilling and processing technologies on the implementation of NIS2 compliance requirements.
  • Advising the largest energy group in Central Europe on the establishment of a group Security Operations Centre (SOC) for the monitoring, analysis and management of cybersecurity incidents. The multi-year project included extensive legal support regarding contractual arrangements and internal governance documentation.
  • Advising a Central European gas transmission system operator on legal issues relating to methanation of hydrogen and its injection into the gas transmission network, including regulatory analysis of unbundling requirements in connection with a Power-to-Gas project.
  • Advising a Czech multinational cybersecurity software company on its USD9.2 billion merger with a US-based software company.
  • Advising a major Czech bank on the implementation of dynamic biometric signatures within consumer contracting processes, including analysis of cybersecurity, GDPR, liveness-check mechanisms, AI components and regulatory expectations of data protection authorities.
  • Advising a global beer, spirits, soft drinks and food group on the preparation and negotiation of complex IT, infrastructure and telecommunications outsourcing agreements with major international service providers.
  • Advising a global private equity investor on the USD2.1 billion acquisition of a media and entertainment group operating leading businesses across Central and Eastern Europe. The work included advice on intellectual property, compliance, cybersecurity and information security aspects of the transaction.
  • Advising FL Technics, a global provider of aircraft maintenance, repair and overhaul (MRO) services, on foreign direct investment (FDI) regulatory aspects of its acquisition of a 100% interest in JOB AIR Technic a.s. from Czechoslovak Group.
  • Advising a leading global beer, spirits, soft drinks and food group on a multi-jurisdictional NIS2 Directive compliance project coordinated from the Prague office.
  • Advising a leading international television broadcaster on its NIS2 compliance programme, including a comprehensive review of cybersecurity policies and the drafting of new governance and compliance documentation.
  • Advising an iGaming platform providing white-label online casino solutions on gambling regulatory matters, including obligations to respond to player requests relating to deposits, bets and winnings, and the consequences of non-compliance in multiple jurisdictions.
  • Advising a Slovak manufacturer of unmanned aerial systems on export control regulations relating to the export of dual-use drones from Slovakia and their import into various international markets, including African jurisdictions.
  • Advising a private equity firm focused on middle-market investments on foreign direct investment (FDI) considerations relating to a contemplated investment in the Czech Republic.
  • Representing a Czech telecommunications company providing advanced voice and data services in pre-litigation advisory work relating to a public tender process in the Czech Republic.
Languages
  • Czech
  • English
  • Slovak
  • German
  • Dutch

AWARDS AND RECOGNITION

  • Rising Star Partner in Corporate and M&A, Czech Republic, IFLR1000 2025
  • Recommended in Fintech & Blockchain, Lexology Index 2025
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

Prior Experience

  • 2019 – 2023 | Local Partner, Global law firm
  • 2007 – 2019 | Associate and Partner, 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.

My latest insights

Publication
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06 – ON AIR: Can cybersecurity be an opportunity?

26 November 2025

Publication
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04 – ON AIR: What are the sanctions for non-compliance?

26 November 2025

Publication
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05 – ON AIR: How can you start preparing for the new obligations?

26 November 2025

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Phone

+420 222 817 760
(Work, Prague)
+420 602 333 760
(Mobile)