Ukraine
8.1. Overview of relevant statutory authorities According to the PDP Law, the Commissioner and courts are responsible for checking for compliance with personal data protection legislation. 8.2. Role, functions and powers of authorities The key powers of the Commissioner are the following: to receive and decide on proposals, complaints and other requests from natural persons and legal entities related to personal data protection; to conduct inspections of data controllers or processors; to issue binding demands (instructions) on the prevention or elimination of violations of personal data protection legislation, to draw up protocols on bringing one to administrative liability and sending them to the court in cases provided for by the law; to approve regulations in the field of personal data protection; to provide recommendations on the practical application of personal data protection legislation, to clarify the rights and obligations of the relevant persons, to provide, at the respective request, opinions on draft codes of conduct in the field of personal data protection;
to propose amendments to legislation on personal data protection, to monitor new practices, tendencies and technologies regarding personal data protection, etc. 8.3. Role, functions and powers of civil/criminal courts in the field of data regulation In respect of being brought to liability, civil courts consider and decide on protocols for bringing one to administrative liability, submitted by the Commissioner or officials of its Secretariat. Criminal courts consider and decide on cases related to being brought to criminal liability for committed criminal offences. Apart from the above, the courts also protect the rights of relevant participants in data protection relations. In particular, the data subjects may file lawsuits to the courts related to a breach of personal data protection legislation and recover compensation for damage, including moral damage, caused by such a breach.
Consequences of non-compliance
The following violations can be subject to administrative liability in the sphere of personal data protection: ·for failure to notify or late notification of the Commissioner on the processing of Special Risk
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