-DATA PROTECTION AND PRIVACY-
Amended Data Protection Law Enters into Force
The amended Ukrainian Data Protection Law – which came into force December 2012 – introduced new grounds for data processing, removed mandatory registration of employee databases and increased the Data Protection Authority (DPA)’s powers, amongst other things. The grounds for processing personal data without requesting individuals’ consent were expanded to include grounds relating to the performance of contractual obligations, protection of individuals’ vital interests, and the legitimate interests of data controllers and third parties. Under the amended Law, the Ukrainian DPA was granted more independence and a broader list of powers relating to monitoring, advisory and consulting activities, as well as responsibilities in approving industry codes, called Corporate Code of Conduct. Data controllers can now provide privacy rights notification in any form and the amendment allows free data transfers to the European Economic Area, while transfers to other countries are subject to an adequate level of protection or other specific grounds.