GDPR compliance system for Ukrainian companies - Privalexx Ukraine

GDPR requirements also affect Ukrainian companies that process personal data of EU citizens or offer services for the European market. Many data controllers face the challenge of understanding the legal framework, technical requirements and practical implementation. How can you efficiently set up a GDPR-compliant compliance management system? Which elements are part of effective data protection management? And what needs to be considered when developing a transparent data protection policy specifically for the EU-Ukraine market? The protection of personal data is not only a legal obligation, but also protects against financial risks and strengthens the trust of your customers. This page provides a practical overview of the most important aspects of GDPR compliance and shows how professional data protection management can provide comprehensive support for Ukrainian companies.

Data protection management: importance for Ukrainian companies

The introduction of effective data protection management is a key task for Ukrainian companies operating on the EU market. The compliance management system forms the basis for compliance with all data protection regulations. Many small and medium-sized companies ask themselves how they can manage the complexity of European requirements in their day-to-day operations. Establishing a systematic approach ensures that all areas of the company fulfil the applicable provisions of the GDPR. In addition to the creation and maintenance of internal guidelines, the ongoing training of employees is also essential. A comprehensive compliance management system enables potential risks to be recognised and managed at an early stage. This not only minimises legal risks, but also makes a significant contribution to maintaining your reputation and business viability in international competition.

Personal data: Legal background at a glance

The processing of personal data is subject to strict legal requirements both in Ukraine and in the European Union. The GDPR applies to all companies operating on the European market or processing data of EU citizens, regardless of where the company is based. For Ukrainian companies, this means that they must implement appropriate measures to ensure data protection management.

In practice, the following aspects are particularly relevant:

Legal basis: Ukrainian data protection legislation is increasingly being harmonised with European standards, particularly the requirements of the GDPR. This creates synergies, but entails new obligations.
Roles & responsibilities: Controllers and processors must be clearly named and trained.
Documentation obligations: A comprehensive compliance management system requires careful documentation of all processes relating to personal data, from consent to erasure.
Rights of data subjects: Customers and business partners from the EU have comprehensive rights to information, correction and deletion of their data.
Data protection Ukraine: The country is increasingly obliging companies to take technical and organisational measures to ensure secure data processing.

Professional data protection management ensures that your company acts efficiently, transparently and legally compliant – both within the Ukrainian and European legal framework.

Data protection Ukraine: Practical solutions for companies

For Ukrainian companies that are entering the European market or are already active on it, a professional approach to data protection in Ukraine is essential. Implementing the GDPR is not a one-off measure, but an ongoing process that requires a flexible and structured strategy.

Recommended steps for an effective data protection management and compliance management system:

Risk analysis: determine in which areas of your company personal data that is particularly worthy of protection is processed. Analyse existing risks and vulnerabilities.
Develop a data protection strategy: Set clear internal guidelines based on the GDPR and the legal requirements in Ukraine. A responsible and transparent data protection policy forms the foundation for any further measures.
Establish technical and organisational security measures: Secure personal data using modern IT systems (e.g. encryption, access controls) and regularly trained employees.
Continuous review and adjustment: A compliance management system must be dynamic. Regularly monitor compliance with data protection requirements, carry out audits and training and adapt your measures to current developments.
Involve data protection experts: External advice enables risks to be recognised and avoided at an early stage. Expert support ensures that you can react flexibly to changing legislation.
Involvement of an EU representative: For companies without a presence in the EU, the appointment of an EU representative is mandatory in accordance with Art. 27 GDPR. This representative acts as a point of contact for authorities and data subjects and handles communication within the EU.

Best practice:

A medium-sized IT company from Kiev operates an e-commerce platform with customers throughout Europe. By introducing a holistic compliance management system, continuously training employees and appointing an external data protection officer, the company was not only able to avoid sanctions, but also strengthen the trust of its customers and business partners.

Companies that deal with the implementation of the GDPR and the requirements for data protection management at an early stage gain decisive advantages. Consistent compliance with the regulations protects against legal, financial and reputational consequences and at the same time opens up new business opportunities on the European market.

Summary

Ukrainian companies benefit from a well thought-out GDPR compliance system that covers all aspects of data protection management. Effective technical measures, transparent internal guidelines and continuous monitoring are just as important as the involvement of an EU representative. Our consulting services help you to organise your processes in a legally compliant and efficient manner – so that you can tap into the European market with confidence and legal certainty. Get in touch now and bring your data protection management up to date.

Ukraine’s data protection law has regulated the handling of personal data since 2010 and sets requirements for its collection, processing, and storage. Several legislative amendments—most recently adjustments to GDPR requirements—ensure steady alignment with European standards. The law distinguishes various data categories, provides obligations for controllers and processors, and defines individual data subject rights. The data protection law is supplemented by regulations on data security, the record of processing activities, and special provisions for electronic communication.

Personal data is any information relating to an identified or identifiable natural person, such as names, contact details, date of birth, or addresses. Sensitive data refers to particularly protected information, including data on health, ethnic origin, political opinions, religious beliefs, or biometric data. The processing of such data is only permissible under stricter conditions according to Ukrainian data protection law and the GDPR, in order to consistently protect the right to privacy.

The monitoring and enforcement of the data protection law in Ukraine lies with the Ombudsman (Parliamentary Commissioner for Human Rights). The authority handles complaints, monitors companies regarding compliance with the protection of personal data, and implements measures in case of legal violations. For companies, the Ombudsman serves as the central point of contact for clarifying data protection issues and is comparable to a European supervisory authority under the GDPR.

Current Ukrainian data protection law requires the registration of certain high-risk data processing operations, particularly when sensitive data is processed. Notification must be made to the Ombudsman before processing begins. This includes information on the record of processing activities, the category of data, and the technical and organizational measures. An obligation for systematic registration of all processing operations, as provided by the GDPR, does not yet exist in Ukraine for all companies.

The appointment of a data protection officer is not generally required for every company under Ukrainian data protection law, but may become mandatory in cases of extensive processing of sensitive personal data. Tasks include monitoring compliance with legal requirements, advising on technical and organizational measures, and communicating with the supervisory authority and data subjects. Roles and responsibilities are similar to GDPR requirements.

For lawful processing of personal data in Ukraine, consent from the data subject is generally required, unless another legal basis exists. Consent must be specific, informed, and voluntary. It is mandatory to clearly state the purpose of data processing. Companies that send marketing emails, for example, must obtain separate consent. GDPR standards on transparency and revocability are increasingly found in Ukrainian data protection law.

Cross-border transfer of personal data from Ukraine is only permissible under certain conditions. Recipient countries must provide an adequate level of data protection or provide appropriate safeguards, similar to GDPR regulations. For data transfers to the European Union, a high level of protection is a prerequisite. Companies should document safeguards, especially for global data flows or transfers outside the EU.

Ukrainian data protection law requires personal data to be protected by appropriate technical and organizational measures. These include protection against unauthorized access, ensuring integrity and confidentiality, and regular review of IT systems. Companies should maintain an up-to-date record of processing activities, conduct employee training, and strictly regulate data protection-compliant access to systems. These requirements are based on GDPR standards.

In the event of a data breach, companies must, under certain conditions according to Ukrainian law, submit a notification to the Ombudsman and inform affected individuals. This obligation exists particularly when there is a risk to the rights or freedoms of data subjects. Notification should be made without delay and include information on the nature of the breach, the data affected, and countermeasures taken.

Enforcement of the data protection law in Ukraine is carried out by the Ombudsman and the courts. In case of violations, fines, orders to change processing, or temporary bans may be imposed. The level of sanctions is based on the severity of the violation and the type of personal data affected. Additionally, civil claims by affected individuals for damages may arise. The design of sanctions has been gradually aligned with GDPR practice.