Ukraine is actively working on adapting its personal data protection legislation to the standards of the European Union, in particular, the General Data Protection Regulation (GDPR) and the Modernised Convention 108+. This issue is an important component of the European integration process, which confirms the country’s focus on transparency and accountability of state institutions. Adaptation of the legislation will ensure effective protection of personal data of citizens, promote the development of electronic services and strengthen the legal status of Ukraine in the international arena.
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Key draft laws for legislative reform
To implement this reform, two draft laws need to be adopted: ‘On Personal Data Protection’ and “On the National Commission for Personal Data Protection and Access to Public Information”. They provide for bringing national legislation in line with European standards and establishing an independent supervisory authority to monitor compliance with personal data regulations.
The adoption of these draft laws is an important step towards Ukraine’s integration into the EU. The creation of a supervisory authority with expanded powers will allow for more effective monitoring of compliance and prompt response to violations. It will also reduce the number of court appeals from citizens. The body will be able to directly impose fines and penalties in case of violations of the law.
On 20.11.2024, the Verkhovna Rada of Ukraine adopted a new version of the Law of Ukraine ‘On Personal Data Protection’ in the first reading.
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Ukraine’s European integration process: The Ombudsman’s Office is actively involved in legislative changes
The Ombudsman’s Office is directly involved in the process of Ukraine’s European integration. On 17-19 September 2024, a bilateral meeting between the Ukrainian delegation and the European Commission (EC) took place in Brussels (Belgium). The EC conducted a legislative compliance screening under the negotiated Title 23 ‘Judiciary and Fundamental Rights’.
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Work on the Roadmap: integration of EU standards
The Ombudsman’s Office is involved in the development of the Roadmap on the Rule of Law, which is one of the key components of the European integration process.
Following the bilateral meeting between the representatives of Ukraine and the European Commission on the screening of compliance of Ukrainian legislation with EU law under negotiating Title 23, in particular, in the area 3.9 Personal data protection. The work on the Roadmap on the Rule of Law is actively ongoing.
The Ombudsman’s Office is actively involved in this process, ensuring preparation of the Roadmap items in its area in accordance with the EU requirements.
After the meetings with the EC representatives, the work on the Roadmap is ongoing and covers strategic priorities in the field of personal data protection. The involvement of the Ombudsman’s Office in the process ensures that the map is filled with specific points that meet European standards.
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International cooperation to implement European standards
Ukraine actively cooperates with international partners in implementing European standards in the field of data protection. Together with the Council of Europe, the project ‘Support for the Implementation of European Human Rights Standards in Ukraine’ is being implemented to harmonise Ukrainian legislation with European standards.
Ukraine is also improving the efficiency of public e-services as part of the EU4DigitalUA project, which is supported by the EU. Cooperation with the Estonian Centre for International Development (ESTDEV) facilitates the exchange of experience in the field of personal data protection. Cooperation with the German Society for International Cooperation (GIZ) involves the implementation of advanced training courses in the field of personal data protection for civil servants and critical infrastructure workers.
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So, what changes to the legislation do we need?
The adoption of the draft laws ‘On Personal Data Protection’ and ‘On the National Commission for Personal Data Protection and Access to Public Information’ will allow Ukraine to meet European standards in the field of personal data protection. This is an important milestone on the path to European integration. The establishment of a supervisory authority with the right to impose fines and monitor compliance with the new legislation will ensure more effective protection of personal data of Ukrainian citizens. This will improve the protection of human rights both in peacetime and in wartime, strengthen the legal framework of the state and develop electronic services for citizens and businesses.
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