Privalexx Ukraine 
Privacy Shield is an international data protection framework that enables Ukrainian companies to trade with the EU and Switzerland in a legally secure manner. Anyone who processes personal data of EU and Swiss individuals today or offers products specifically for them must implement the provisions of the GDPR. Many Ukrainian companies are faced with the challenge of how to ensure compliance with data protection requirements without an EU location Is there still an option for self-certify participation in the Privacy Shield? What role do the Data Protection Authorities and the Privacy Shield List play? We explain how Ukrainian companies can gain access to the European market step by step, what is important when selecting an EU representative and how current frameworks ensure transparency and data protection. Use the targeted information here and discover how you can optimally combine GDPR compliance and the requirements of the Privacy Shield.
Acting in compliance with data protection with Self-Certify
For many Ukrainian companies that serve customers in the EU and Switzerland, the challenge is: How can a data protection-compliant transfer of personal data be realised – without having their own location in the EU? The Privacy Shield List is a key point of reference here. It shows which US companies have successfully self-certified for the data protection framework and are therefore permitted to process personal data of EU and Swiss individuals in a legally secure manner. Although this is not a direct route to participation for companies from Ukraine, they can still learn from the basic principles and documented procedures. A close examination of the Privacy Shield List helps to orientate oneself towards exemplary data protection standards, select suitable partners and prove that secure transfer and processing is also guaranteed for one’s own processes.
Understanding the role of data protection authorities
Data Protection Authorities (DPAs) play a central role in the protection of personal data under the GDPR and in an international context, such as the Privacy Shield. Ukrainian companies are faced with the question of how to cooperate with European supervisory authorities.
Important facts and contexts:
- The Privacy Shield framework defines strict obligations for data transfers to certified companies and regulates how complaints and requests are handled by Data Protection Authorities.
- Even if the direct self-certify option does not exist for Ukrainian companies, it is advisable to adhere closely to the principles set out in the Privacy Shield.
- Data protection authorities check whether companies – even without an EU branch – can guarantee the rights of EU and Swiss individuals.
- Complaints, enquiries and audits are competently and consistently monitored by the Data Protection Authorities; an EU representative acts as the necessary interface between non-European companies and European authorities.
- Data protection incidents: In the event of a complaint, EU and Swiss individuals lodge a complaint with their local supervisory authority, which imposes specific requirements and deadlines on the company.
Practical example: A software company from Ukraine that provides services to EU customers must ensure that the communication channels between the company, the EU representative and the data protection authorities are always transparent and GDPR-compliant.
It is important to deal with the requirements of the data protection authorities, set up robust processes and regularly review your own data protection organisation with a focus on the Privacy Shield and the EU and Swiss Individuals.
Fulfilment of obligations towards EU and Swiss Individuals
A sustainable market entry in the EU begins with a consistent focus on the requirements for EU and Swiss individuals and the Privacy Shield data protection framework. The following steps are recommended for Ukrainian companies:
- Select a professional EU representative: The EU representative acts as a legal contact for data protection authorities and affected EU and Swiss individuals. They ensure that enquiries and complaints are processed in a timely manner and provide support in dealing with authorities.
- Transparency through internal and external data protection processes: All processing of personal data should be clearly documented and communicated. Regular data protection audits and a written data protection policy ensure that you adhere to the principles of the Privacy Shield and the requirements of the GDPR at all times.
- Partnerships with companies on the Privacy Shield List: If services or data processing are outsourced to third parties, it is advisable to select partners that are Privacy Shield Self-Certified and on the official Privacy Shield List. This simplifies adherence to compliance requirements.
- Active communication with data protection authorities: Prepare standardised processes for requests for information, complaints or control measures by the data protection authorities. This will show that you consistently respect the rights and interests of EU and Swiss individuals.
- Review and adapt internal processes:
- Data subject rights such as access, erasure and data portability must be systematically fulfilled.
- Reporting channels and response times for security incidents should be clearly regulated.
- Information and empowerment of EU and Swiss individuals: Inform your customers transparently about the processing of personal data, the purpose and duration of storage and their rights. Incorporate best practice examples from the Privacy Shield List into your information obligations.
- Monitor current developments and news: Monitor legal updates on the Privacy Shield framework and changes to the Privacy Shield List. The requirements for the self-certify programmes and the reporting channels to data protection authorities are continuously adapting to the regulatory environment.
With these measures, Ukrainian companies strengthen their trust with partners, data protection authorities and, above all, with EU and Swiss individuals. By complying with the Self-Certify standards, you will benefit from long-term legal certainty and a professional data protection image throughout the EU market.
Summary
Entering the EU market presents Ukrainian companies with numerous data protection requirements. By complying with the Privacy Shield, carefully selecting a certified EU representative and following the proven processes of the Privacy Shield List, you can fulfil the requirements of the GDPR with legal certainty. Data protection authorities and the concerns of EU and Swiss individuals always remain the focus of a sustainable and legally compliant market entry. Let us advise you individually to find the ideal solution for your company and effectively benefit from compliance with international data protection standards.
The Privacy Shield is an agreement between the EU, Switzerland, and the USA that aims to ensure the secure exchange of personal data. It protects the data of EU and Swiss individuals when processed by US companies. The framework contains binding data protection standards and control mechanisms. Participating companies must self-certify and are listed in the so-called Privacy Shield List. Compliance is monitored by US and EU data protection authorities, which can impose sanctions in case of violations.
Companies joining the Privacy Shield must implement extensive data protection measures. These include clear privacy notices, restrictions on the use of personal data, and security measures for its protection. Transparency is essential: companies must inform affected individuals about how their data is processed and grant them specific rights. Participating companies commit to cooperating with Data Protection Authorities and to promptly handling complaints. Compliance is reviewed annually via the Privacy Shield List.
Ukrainian companies that offer products or services to the EU market or process data of EU citizens generally require an EU representative according to Art. 27 GDPR. They should familiarize themselves with the principles of the GDPR, implement data protection measures, and ensure data subject rights. Choosing an experienced partner or consultant for Data Protection is advisable to ensure legal compliance. For data transfers to the US, adherence to Privacy Shield standards or alternative mechanisms must also be ensured.
EU citizens are granted multiple rights under the Privacy Shield: they can find out which data is processed for which purpose, they have the right to access, rectify, and erase their data, and they may object to processing. Complaints can be filed with the competent Data Protection Authorities. There are also options for independent dispute resolution and, in exceptional cases, arbitration. A list of participating US companies can be found in the Privacy Shield List.
Companies wishing to participate in the Privacy Shield must self-certify annually. Registration is carried out via an official online portal, where compliance with all data protection requirements is declared and verified (Self-Certify). Companies commit to adhering to the agreement’s requirements and are then publicly listed in the Privacy Shield List. US authorities regularly monitor the information provided, demanding corrections in case of violations or issuing exclusions.
Data protection authorities, also referred to as Data Protection Authorities, monitor compliance with Privacy Shield requirements and serve as a contact point for affected EU and Swiss individuals. They review complaints against companies, mediate disputes, and can impose sanctions. Additionally, they cooperate with US authorities in enforcing data protection rights. Authorities also provide regular updates on decisions and support companies with participation questions.
US companies participating in the Privacy Shield must adhere to comprehensive data protection rules. This includes transparency in data processing, the implementation of technical and organizational safeguards for personal data, and the enforcement of the rights of EU and Swiss individuals. Incoming complaints must be handled promptly. Companies must renew their self-certification annually and remain publicly listed in the Privacy Shield List. In cases of violations, investigations may be launched and companies may be excluded from the program.
Transfers of data from the EU or Switzerland to the Ukaine are safeguarded via the Privacy Shield, provided the receiving Ukraine company is self-certified and listed in the Privacy Shield List. These companies commit to adhering to European data protection standards and remain under the supervision of Ukrainian and European Data Protection Authorities. If data is transferred to non-certified companies, alternative security mechanisms—such as Standard Contractual Clauses—are required.
Non-compliance with data protection standards required by the Privacy Shield and the GDPR can result in serious consequences. Companies risk fines, legal sanctions, and removal from the Privacy Shield List. Affected individuals can also claim compensation and file complaints with the Data Protection Authorities. Loss of customer and business partner trust often follows, potentially causing financial losses.
To legally access the EU market, Ukrainian companies should first analyze GDPR requirements and develop an effective data protection concept. Appointing an EU representative according to Art. 27 GDPR is mandatory if the company has no EU establishment. Compliance with international data protection frameworks such as the Privacy Shield (where applicable) is also essential for data transfers. Professional consultation and regular alignment with updated requirements from Data Protection Authorities provide additional legal security.