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GDPR implementation in Ukraine is expected for 2023-2024

28/ 10/ 2021
  Currently, there are two legislative initiatives on the reform of personal data protection in Ukraine registered at the Verkhovna Rada. These are draft laws № 5628 and №6177. And during the meeting on October 27, the EBA representatives could learn more about the status, content, and intricacies of these draft laws from Liliia Oleksiuk, Non-Staff Consultant of the Verkhovna Rada Committee on Digital Transformation, who is actively involved in drafting the laws. What are they needed for? Both laws are essential for Ukraines integration into the EU Digital Single Market. Thus, draft law № 5628 “On Personal Data Protection” aims to renew the outdated national legislation in this area. According to Ms. Oleksiuk, the draft law has been developed closely to the General Data Protection Regulation (GDPR), which is applied in all 27 countries of the European Union. But for the successful integration, Ukraine is also required to create an independent regulator in the field of personal data protection in addition to updating the respective legal framework. This issue is regulated by draft law №6177 On the National Commission for Personal Data Protection and Access to Public Information. What does this Commission do and how will it be established?  Draft Law №6177 provides for the establishment of a central executive body with a special status aimed at implementing policies in the field of personal data protection and access to public information, as well as control over compliance with the law. The staff of the National Commission will be formed based on open competition. Candidates need 5 years of experience in data protection and access to public information, so having legal education alone will not be enough for application. As explained by Ms. Oleksiuk, this requirement should guarantee the authoritys competence in data protection and prevent it from becoming a tool of pressure on the business. The Chair of the National Commission is elected from among its members, and no public authority shall influence this decision. The members of the Commission may hold office for no more than two consecutive terms. In general, it is noted that the draft law №6177 was developed with the consideration of Convention 108 and the GDPR and therefore it is in line with the principles of transparency and independence. When will the new changes take effect? It would be senseless to create a National Commission without Ukraine transferring to an updated system of regulation of public information. Therefore, the entry into force of the law on the relevant regulator will depend on the developments with the law on personal data protection. At the moment, draft law № 5628 is adopted as a basis in the first reading and after revision will be sent to the second reading. At the same time, draft law №6177 has only just been registered. It currently expects the adoption of the Verkhovna Rada Committee on Digital Transformation. Therefore, according to Ms. Oleksiuk s optimistic forecasts, the adoption of all draft laws is expected by the mid-end of 2023, and their implementation will take place during 2024. Ms. Oleksiuk noted that after its establishment, the National Commission will need time to train staff and implement all necessary organizational procedures. Without this, the Commission cannot properly perform its supervisory function and therefore the law provides for a transitional period during which no fines should be initiated by the newly established Commission. The European Business Association thanks Ms. Oleksiuk for a comprehensive presentation of draft laws on personal data protection. In turn, the EBA experts express their readiness to study these draft laws in more detail and make relevant proposals for their improvement. We hope that together we can develop changes that will bring the country closer to modern standards of personal data protection and deepen Ukraines cooperation with the EU in the digital sphere.   Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

Currently, there are two legislative initiatives on the reform of personal data protection in Ukraine registered at the Verkhovna Rada. These are draft laws № 5628 and №6177. And during the meeting on October 27, the EBA representatives could learn more about the status, content, and intricacies of these draft laws from Liliia Oleksiuk, Non-Staff Consultant of the Verkhovna Rada Committee on Digital Transformation, who is actively involved in drafting the laws.

What are they needed for?

Both laws are essential for Ukraine’s integration into the EU Digital Single Market. Thus, draft law № 5628 “On Personal Data Protection” aims to renew the outdated national legislation in this area. According to Ms. Oleksiuk, the draft law has been developed closely to the General Data Protection Regulation (GDPR), which is applied in all 27 countries of the European Union. But for the successful integration, Ukraine is also required to create an independent regulator in the field of personal data protection in addition to updating the respective legal framework. This issue is regulated by draft law №6177 “On the National Commission for Personal Data Protection and Access to Public Information”.

What does this Commission do and how will it be established? 

Draft Law №6177 provides for the establishment of a central executive body with a special status aimed at implementing policies in the field of personal data protection and access to public information, as well as control over compliance with the law. The staff of the National Commission will be formed based on open competition. Candidates need 5 years of experience in data protection and access to public information, so having legal education alone will not be enough for application. As explained by Ms. Oleksiuk, this requirement should guarantee the authority’s competence in data protection and prevent it from becoming a tool of pressure on the business. The Chair of the National Commission is elected from among its members, and no public authority shall influence this decision. The members of the Commission may hold office for no more than two consecutive terms. In general, it is noted that the draft law №6177 was developed with the consideration of Convention 108 and the GDPR and therefore it is in line with the principles of transparency and independence.

When will the new changes take effect?

It would be senseless to create a National Commission without Ukraine transferring to an updated system of regulation of public information. Therefore, the entry into force of the law on the relevant regulator will depend on the developments with the law on personal data protection. At the moment, draft law № 5628 is adopted as a basis in the first reading and after revision will be sent to the second reading. At the same time, draft law №6177 has only just been registered. It currently expects the adoption of the Verkhovna Rada Committee on Digital Transformation. Therefore, according to Ms. Oleksiuk ‘s optimistic forecasts, the adoption of all draft laws is expected by the mid-end of 2023, and their implementation will take place during 2024. Ms. Oleksiuk noted that after its establishment, the National Commission will need time to train staff and implement all necessary organizational procedures. Without this, the Commission cannot properly perform its supervisory function and therefore the law provides for a transitional period during which no fines should be initiated by the newly established Commission.

The European Business Association thanks Ms. Oleksiuk for a comprehensive presentation of draft laws on personal data protection. In turn, the EBA experts express their readiness to study these draft laws in more detail and make relevant proposals for their improvement. We hope that together we can develop changes that will bring the country closer to modern standards of personal data protection and deepen Ukraine’s cooperation with the EU in the digital sphere.

 

Be the first to learn about the latest EBA news with our Telegram-channel EBAUkraine.

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