Data Protection in Ukraine

Enforcement in Ukraine

According to Data Protection Law, the Ombudsman and Ukrainian courts are responsible for overseeing the compliance of personal data protection legislation. Failure to comply with the provisions of Data Protection Law can lead to the penalties prescribed by the law.

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

If the violation has led to material or moral damages, the violator may be required by the court to reimburse such damages.

The Code of Ukraine on Administrative Offenses envisages administrative liability for the following breaches of Ukrainian data protection legislation:

  • Failure to notify or delay in providing notification to the Ombudsman regarding the processing of personal data or of a change to the information submitted, subject to notification requirements under Ukrainian legislation, or submission of incomplete or false information, which may lead to a fine of up to EUR 153;
  • Non-fulfilment of legitimate requests (orders) from the Ombudsman or determined state officials of the Ombudsman's secretariat, regarding the elimination or prevention of violations of personal data protection legislation, which may lead to a fine of up to EUR 383;
  • Non-observance of the established procedure for the protection of personal data which leads to the unauthorized access of the personal data or violation of rights of the data subject, which may lead to a fine of up to EUR 383.

The criminal liability, prescribed by the Criminal Code of Ukraine, envisages fines of up to EUR 383 or correctional works for a term of up to two years, or up to three years of probation supervision or limitation of freedom for the illegal collection, storing, use, elimination, or spreading of confidential information about an individual, or an illegal change of such information.

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