Ukraine: Data Protection Laws of the World Handbook: Second Edition - Ukraine

E-Commerce And Privacy Alert


The Law of Ukraine No. 2297 VI "On Personal Data Protection" as of 1 June 2010 ("Data Protection Law") is the main legislative act regulating relations in the sphere of personal data protection in Ukraine. At 20 December 2012 Data Protection Law has been substantially amended by the Law of Ukraine "On introducing amendments to the Law of Ukraine On Personal Data Protection" dated 20 November 2012 No. 5491-VI ("Amendments to the Data Protection Law").

In addition to the Data Protection Law, certain data protection issues are regulated by subordinate legislation specifically developed to implement the Data Protection Law.

The Data Protection Law essentially complies with EU Data Protection Directive 95/46/EC.

The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, executed in Strasbourg on 28 January 1981 and the Additional Protocol to the Convention regarding supervisory authorities and trans border data flows, executed in Strasbourg on 8 November 2001 have also been ratified by Ukrainian Parliament on 6 July 2010 ("Convention on Automatic Processing of Personal Data") and thus are fully effective in Ukraine.

General data protection issues are also regulated by the Constitution of Ukraine dated 28 June 1996, the Civil Code of Ukraine dated 16 January 2003 No 435 IV, the Law of Ukraine "On Information" dated 2 October 1992 No 2657 XII, Law of Ukraine "On Protection of Information in the Information and Telecommunication Systems" dated 5 July 1994 No. 80/94 VR and some other legislative acts.


Data Protection Law defines "personal data" as data or an aggregation of data on an individual who is identified or can be precisely identified.


There is no definition of "sensitive personal data" as such envisaged by Ukrainian legislation.

At the same time, there is general prohibition to process personal data with regard to racial or ethnic origin, political, religious ideological convictions, participation in political parties and trade unions, accusation in criminal offences or conviction to criminal punishment as well as data relating to health or sex life of an individual.

Processing of the listed data is allowed if an unambiguous consent has been given by the personal data subject or based on exemptions envisaged by Data Protection Law (e.g. the processing is performed for the reasons of protection of vital interest of individuals, healthcare purposes, in course of criminal proceedings, anti-terrorism purposes, etc.).


The State Service of Ukraine on Personal Data Protection ("SSUPDP").


The database containing personal data should be registered with the SSUPDP and the relevant record should be included into the State Register of Personal Data Databases.

Personal data owners which maintain their databases to secure and effect labour relations, as well as maintain personal data databases of the members of non-government, religious organizations, professional associations and political parties are released from mandatory registration of such personal data databases.

According to Data Protection Law as well as The Regulation on State Register of Databases Containing Personal Data approved by the Cabinet of Ministers of Ukraine the above registration shall be performed by the owner of personal data by means of submitting respective application to SSUPDP. The form of the application, as well as the order for filing the application has been approved by Ministry of Justice of Ukraine.

The Data Protection Law envisages that applications for the registration of a personal data database shall contain, inter alia, information as regards the owner of personal data; the name and place of location of database; the purpose of personal data processing; information on composition of personal data, information on third parties to whom the personal data are transferred, information on cross-border transfers of personal data, information on processors of database; confirmation as regards maintaining the security of personal data in the database.

SSUPDP takes a decision on registration of personal data database within 30 working days from the day of submission of application.

Personal data owners shall notify SSUPDP on any changes in information submitted thereto during registration of database within 10 business days following the day when the relevant changes occurred.


Legal entities shall establish a special department or appoint a responsible person (data protection officer) to organise the work related to protection of personal data during the processing thereof.


The Data Protection Law provides for a requirement of obtaining the consent of personal data subjects on processing of their personal data. The consent of personal data subjects is determined by the Data Protection Law as their expression of will to allow the personal data processing in the form that enables a conclusion on granting such a consent. In some instances provided by Data Protection Law (e.g. legislative permission for processing of personal data, conclusion and execution of a transaction in favour of the personal data subject, protection of interests of the subject or owner of personal data) personal data of individuals may be processed without consent.

Pursuant to the Data Protection Law, as a general rule personal data subjects shall be informed, at the moment of collection of their personal data, of; the owner of their personal data; composition and content of their personal data being collected; their rights; purpose of their personal data collection; and the persons to whom their personal data will be transferred. However, in cases when the personal data of individuals have been collected based on the following grounds the personal data subjects shall be informed of the above within 10 working days from the moment of their personal data's collection:

  • legislative permission of the owner of personal data on processing of personal data exclusively for the purposes of fulfilling its authorities;
  • conclusion and execution of a transaction, in which the subject of personal data is a party or which has been concluded in favour of the subject of personal data or for taking actions, which preceded conclusion of a transaction at the request of the subject of personal data;
  • protection of vital interests of the subject of personal data; or
  • need to protect legitimate interests of the owner of personal data, third parties, except where a subject of personal data demands to stop processing of his/her personal data and the need in protection of personal data prevail over such interest.

In addition, the Data Protection Law provides the subject of personal data with the following rights:

  • to be aware of the location of the database containing his/her personal data, the purpose and the title of the database, the address of the owner or user of the personal data or to obtain the mentioned information;
  • to obtain information as regards the conditions of providing access to personal data, in particular, information on third parties, to which his/her personal data is transferred;
  • to access his/her personal data;
  • to obtain a reply within 30 calendar days from the date of receipt of his/her request, informing the individual whether his/her personal data is contained in the relevant database;
  • to provide a reasonable request to change or destroy his/her personal data by any owner and processor of the personal data if the data is processed illegally or is inaccurate;
  • to protect his/her personal data from unauthorised processing and accidental loss, elimination or damage with respect to intended encapsulation, not providing or the untimely providing of personal data, and also to protection from providing invalid or discrediting information regarding the individual;
  • to appeal violations in the course of personal data processing to the SSUPDP or to the court;
  • to introduce limitations as regards right on its personal data processing while giving the consent;
  • to revoke its consent on personal data processing;
  • to be aware of the mechanism of automatic processing of personal data;
  • to be protected from the automated decision that has a legal effect; and
  • to use the means of legal protection in the case of violation of rights to personal data.

The owner of the personal data can entrust processing of personal data to the processor of personal data under the written agreement between them. In this case the processor of personal data may process the personal data only for the purposes and in the volume provided by such agreement. The transfer of personal data to the processor of personal data can be allowed only by respective consent of personal data subject.


In accordance with Data Protection Law the personal data may be transferred to foreign counterparties only on condition of ensuring appropriate level of protection of personal data by the respective state of transferee. Pursuant to the Data Protection Law, such states include member-states of the European Economic Area and signatories to the EC Convention on Automatic Processing of Personal Data. The list of the states ensuring appropriate level of protection of personal data will be determined by the Cabinet of Ministers of Ukraine.

Personal data may be transferred abroad based on one of the following grounds:

  • unambiguous consent of personal data subject;
  • cross-border transfer is needed to enter into or perform a contract between the personal data owner and third party in favour of personal data subject;
  • necessity to protect vital interests of the personal data subject's;
  • necessity to protect public interest, establishing, fulfilling and enforcing of legal requirement; or
  • appropriate guarantees of the personal data owner as regards non-interference in personal and family life of personal data subject.


The subjects of personal data relations are obliged to take appropriate technical and organisational measures to ensure the protection of personal data against unlawful processing, including against loss, unlawful or accidental elimination, and also against unauthorised access. In this regard, any owner of personal data shall determine a special department or a responsible person to organise the work related to protection of personal data during the processing thereof.

Additionally, the Model Order of Personal Data Processing approved by the Ministry of Justice of Ukraine envisages general provisions as regards the processing of personal data in automated systems (the procedure of access by the personnel of personal data owners to the personal data within, automated system the necessity to protect the automated system with antivirus software and technical facilities preventing the leak of personal data) as well as processing of personal data in the form of card-files (the necessity to protect the card-files from unauthorised access, the procedure of formation of separate files containing personal data depending on the purpose of personal data processing).

The Data Protection Law also establishes that specific individuals – private entrepreneurs, doctors with an appropriate license, advocates and notaries – are obliged to personally ensure the protection of personal data owned by them.


There is no requirement to report data security breaches or losses to the appropriate state authority.


According to Data Protection Law SSUPDP is the state authority responsible for controlling the compliance with personal data protection legislation. Failure to comply with provisions of Data Protection Law can lead to responsibility prescribed by law.

Violation of personal data protection legislation may result to civil, criminal and administrative liability.

If the violation has led to material or moral damages, the violator can be obliged by the court to reimburse them.

Code of Ukraine on Administrative Offenses envisages liability for the following actions:

  • failure to notify or delay in providing notification of the subject of personal data on the owner of his/her personal data, composition and content of his/her personal data being collected, his/her rights, purpose of his/her personal data collection and the persons to whom their personal data will be transferred may lead to fine of up to EUR 638;
  • failure to notify or delay in providing notification of the SSUPDP on personal data protection about change of information submitted for the state registration of personal data database may lead to the fine for up to EUR 638;
  • deviation from the state registration of personal data database may lead to the fine for up to EUR 1594;
  • non-observance of established procedure for protection of personal data in personal data database which led to unauthorised access to personal data may lead to the fine for up to EUR 1594;
  • non-fulfilment of legal requirements of the officials of SSUPDP as regards elimination of violations in the sphere of personal data protection may lead to the fine for up to EUR 319.

The criminal liability, prescribed by the Criminal Code of Ukraine envisages fines for up to EUR 1625 or correctional works for a term of up to two years, or up to six months arrest, or up to three years of limitation of freedom for the illegal collection, storing, use, elimination, spreading of confidential information about individual or illegal change of such information.


Ukrainian legislation does not specifically regulate the area of electronic marketing. However, in case, when electronic marketing involves processing of individuals personal data, it should take place in compliance with requirements of Ukrainian data protection legislation.

Considering requirements of the Data Protection Law outlined above, in order for the use of individuals personal data for electronic marketing purposes, it is required to obtain appropriate consent of individual which would reflect processing of his/her personal data for such purposes.


There is no specific legislation regulating the sphere of online privacy in Ukraine. However, the Data Protection Law applies to the extent online activities involving processing of personal data.

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.

DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions