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Personal data protection in Ukraine. What is to be expected by business?

The Law of Ukraine on personal data protection, which entered into force on 1 July this year, and can not but influence the market distance selling. According to Dmitry Yovdiy, a partner of the company «Leetas», in the current edition of the document is determined as:

  • formal approach;
  • strict requirements for processors of personal data;
  • lack of mechanism to implement the Act;
  • availability of provisions that are not feasible in the realities of the business processes.

The law as amended, requires a written or any documented form of consent to the processing of personal data. At the same time, the draft of changes to the law offers any possible form, which enables to confirm such consent.

Consent to the processing of personal data for the conclusion and performance of the contract as amended is required in all cases, and in the amendment to the Act it is required for the conclusion or performance of a contract, the party,  which  is the subject of personal data.

It is required that personal data written notification of the subject to the inclusion of their personal data (PD) at the personal data base  (PDB) under the terms of the law, is amended by PD handler during 10 days in all cases without exception, and  it is only in writing. Meanwhile, the draft amendment to the Act provides that such a need is not required for the conclusion or performance of a contract which is the subject of personal data and is carried out in any acceptable form.

Under the Act, as amended, personal data check in the public register is required in all the "PDB" and draft amendments to the law insists that it is not necessary to register 'personnel' DB.

Regarding the possibility for self-regulation in the field of personal data protection law, as amended provides for the creation of corporate codes of conduct on the processing of personal data in certain areas. Meanwhile, the draft amendment to the Act provides for the harmonization of codes of conduct by the authorized body, effectively giving the codes of conduct of official status.

Obviously, these innovations are creating more favourable conditions for work in Ukraine, where both local companies as well as those who are attracted to this promising market will benefit. 

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