ILN Data Privacy Paper

Ukraine

Ukraine PETERKA & PARTNERS is a full-service law firm operating in Central and Eastern Europe, providing one-stop access as an integrated regional service. The firm provides legal services to multinational companies active in the region, as well as leading local groups, providing them with complex legal solutions with exceptional commercial value. Introduction Below is a brief outline of the legal regulation of personal data protection in Ukraine. Governing Data Protection Legislation 2.1. Overview of principal legislation The main legal act governing data protection in Ukraine is the Law of Ukraine on Personal Data Protection No. 2297-VI dated 1 June 2010 as amended (the “PDP Law”). 2.2. Additional or ancillary regulation, directives or norms Apart from the PDP Law, the main additional regulations for data protection are established by the legal acts adopted by the Ukrainian

Parliament Commissioner for Human Rights (the “Commissioner”), such as the Model Procedure on Processing of Personal Data; the Procedure on Notification of the Commissioner on the Processing of Personal Data that Constitutes a Special Risk for the Rights and Freedoms of Personal Data Subjects, On the Structural Unit or Responsible Person that Organises the Work related to Protection of Personal Data during its Processing and the Publication of Such Information (the “Procedure on Special Risk Data”); others. 2.3. Upcoming or proposed legislation Since Ukraine is on track to join the European Union, it has to ensure the protection of personal data in accordance with the highest European and international standards. In that respect, Ukraine is constantly working on draft laws aimed at harmonising current legislation on data protection, particularly with the standards provided for by the General Data Protection Regulation (Regulation (EU) 2016/679). Currently, no draft law in this respect has yet been adopted. Scope of Application 3.1. Legislative Scope 3.1.1. Definition of personal data The PDP Law defines “personal data”

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