The Ukraine Government has published a plan of measures ("Plan") on the implementation of the EU–Ukraine Association Agreement approved on 25 October 2017.
The Plan (para. 11) requires the Ukrainian Parliament Commissioner for Human Rights, the government entity responsible for data protection in Ukraine, to implement Article 15 of the EU–Ukraine Association Agreement and revise legislation on the protection of personal data to bring it into compliance with the GDPR by 25 May 2018.
The detailed action plan for the introduction of the GDPR-like regime in Ukraine includes:
- Drafting and submitting to the Cabinet of Ministers of Ukraine a bill on the introduction of appropriate amendments to the Law of Ukraine "On Protection of Personal Data"
- Elaborating on the bill with EU experts
- Providing support during consideration of the draft law by the Parliament of Ukraine
- Building necessary resources to support the implementation of the amended law
- Strengthening the institutional capacity of the Ukrainian Parliament Commissioner for Human Rights as an independent institution monitoring compliance with personal data protection legislation
While the proposed deadline of 25 May 2018 seems unrealistic, and the Ukrainian Government is no stranger for missing deadlines it has established, it is clear that the adoption of the GDPR-like regime in Ukraine is inevitable and we can expect this to happen later this year or in 2019.
In this regard, it is important to note that businesses in Ukraine will be at a disadvantage compared to their EU counterparts in relation to the soon-to-be introduced GDPR-like regime in Ukraine, because they will likely have less time to prepare, and have historically lower levels of awareness of and compliance with data privacy regulations. Therefore, businesses in Ukraine should move compliance with the GDPR requirements high in their list of their priorities and start organizing the necessary resources, data and expertise to allow an easy transition.
We will be closely following developments in this area and will keep you updated.