Record of processing activities - Privalexx Ukraine

Record of processing activities – what does it mean for Ukrainian companies on the EU market? Many small and medium-sized enterprises from non-EU countries are confronted with the GDPR when accessing the European market. This often raises the question of which specific requirements must be met in order to process the personal data of EU citizens in a legally compliant manner. How can a record of processing activities be created correctly and what should be paid particular attention to? Who is responsible for compliance, how does the documentation work and what are the risks of non-compliance? In this article, you will find practical case studies and clear answers to help you organise your company securely and effectively. As a managing director or data protection officer, you will gain valuable knowledge and guidance on one of the key GDPR obligations.

GDPR for Ukrainian companies at a glance

Many companies from Ukraine want to offer products or services on the EU market and must comply with the provisions of the GDPR. The main problem arises when personal data of EU citizens is processed – for example in online shops or in app services. The question of whether and how a record of processing activities must be kept is central. If personal data is processed, regardless of whether it concerns customers, interested parties or employees, the GDPR requires comprehensive documentation. However, many companies lack the necessary expertise when it comes to implementation. Small and medium-sized companies in particular only realise the bureaucratic effort involved when the first enquiries from authorities or customers arrive. Incomplete documentation can then quickly become a legal and financial risk. The right approach to the GDPR is therefore one of the most important foundations for sustainable growth in the EU market.

Implementing data protection and the directory in a legally compliant manner

According to Art. 30 GDPR, the record of processing activities is mandatory for almost all companies – even for Ukrainian companies without a branch in the EU if they process personal data of EU citizens. The requirements apply regardless of the size of the company as soon as data is processed on a regular basis. Only occasional processing, without a particular risk to the rights of the data subjects, is exempt. The most important background information:

The aim is transparency: authorities and data subjects must be able to understand which data is being processed and why.
Content of the directory: processing purposes, categories of data and data subjects, recipients, storage periods, technical and organisational measures for data protection.
Entrepreneurs or managing directors are responsible – it can be created independently, by a lawyer or using a data protection tool.
GDPR checks regularly: Data protection authorities often require the register as part of inspections.
Violations are severely penalised – fines can reach up to 20 million euros or up to 4% of annual global turnover according to the GDPR.

The register not only serves to protect yourself, but also facilitates internal processes and promotes the trust of customers and business partners along the entire value chain.

Avoiding fines through correct documentation

In order to avoid high fines and legal risks when dealing with the strict data protection requirements of the GDPR, it is advisable to set up the record of processing activities in a structured and professional manner. There are various practical solutions for small and medium-sized companies without their own legal department:

Independent creation with sample templates: Many data protection authorities provide templates that can be customised for your company. This makes it easy to record which personal data is processed and how. It is important to update the documentation regularly as soon as data flows or processing partners change.
Use of data protection tools: There are a number of digital solutions that have been developed specifically for compliance with the GDPR and for the structured creation and maintenance of the record of processing activities. These tools guide you step by step through the required information and help to avoid errors or gaps.
Collaboration with data protection consultants or lawyers: Particularly in the case of more complex data processing activities or uncertainties, it is advisable to consult with specialised data protection consultants or lawyers. They offer personalised support, check existing documentation and adapt the directory to the specific requirements of your business model. This reduces the risk of fines and improves your legal certainty in the EU market.

Practical example

A Ukrainian online shop sells goods to customers in several EU countries. The company initially did not keep a record of processing activities and was requested to do so by the data protection authority following a customer enquiry. With the help of a data protection tool, the documentation was created within a short period of time, all legal requirements were met and the risk of fines was significantly reduced.

Important tips for handling

Check at least once a year whether your data processes have changed.
Train employees in the correct handling of personal data and the GDPR.
Document technical and organisational protective measures in a comprehensible manner.

The systematic creation and ongoing maintenance of the record of processing activities is a key element in ensuring data protection and avoiding fines.

Summary

The record of processing activities is a crucial component for Ukrainian companies on the EU market in order to fulfil GDPR requirements in a legally compliant manner. Anyone processing the personal data of EU citizens should ensure transparent, complete documentation in order to avoid fines and official complaints. In particular, practical tools, expert advice or the use of templates provide security in the complex set of data protection regulations. Review your processes now and create a solid foundation for sustainable market success in the EU – we will be happy to support you personally on the path to comprehensive GDPR compliance.

A record of processing activities is a structured documentation of all processes within a company in which personal data is collected, stored, modified, or disclosed. It forms the central basis for GDPR compliance and makes transparent which data is processed for which purposes, who is responsible, on what legal basis this occurs, and which technical and organizational measures ensure data protection. The record must be made available to data protection authorities upon request at any time.

All companies that process personal data of EU citizens are required under the GDPR to maintain a record of processing activities. This applies regardless of whether the company is based in the EU or not, as long as its offerings are directed at the EU market. Exceptions exist only for companies with fewer than 250 employees, provided processing is only occasional, no special risks exist, and no sensitive data is involved.

The record of processing activities must contain at least the following information: name and contact details of the company and, if applicable, the EU representative, purposes of data processing, categories of personal data processed and data subjects, any recipients, transfers to third countries, planned retention periods, and a description of the technical and organizational measures implemented for data protection. The information must be comprehensible and up-to-date at all times.

Responsibility for the record of processing activities lies with the respective entrepreneur, managing director, or the person authorized to represent the company externally. For non-EU companies without an establishment in the EU, the appointed EU representative often assumes supporting functions, but legal responsibility remains with the company itself. It is advisable to clearly assign responsibility internally and regularly monitor the process.

The absence or incomplete maintenance of the record of processing activities is considered a serious violation of the GDPR. Fines of up to 10 million euros or 2% of worldwide annual turnover may be imposed, whichever amount is higher. Furthermore, inadequate documentation jeopardizes the trust of business partners and customers and can lead to further supervisory measures.

The record of processing activities can be created in a few steps: First, record all processing operations of personal data within the company. Then document for each operation the purpose, data categories, data subjects, recipients, retention periods, and the technical and organizational security measures. The GDPR requires regular updates. Creation can be done manually, with the help of specialized data protection tools, or by involving a data protection expert.

Personal data is any information relating to an identified or identifiable person. This includes names, addresses, email addresses, telephone numbers, dates of birth, but also location data, online identifiers, and special categories such as health data. As soon as there is a connection to a person—directly or indirectly—the data falls under the protection of the GDPR and must be appropriately secured and documented.

Exceptions to the obligation to maintain a record exist for companies with fewer than 250 employees, provided processing is only occasional, no special risks to the rights and freedoms of data subjects exist, and no sensitive or criminally relevant data is processed. If data is processed regularly or special risks exist, the exception does not apply and a record must still be maintained.

A transparently maintained record of processing activities strengthens the trust of partners and customers by demonstrating GDPR compliance and responsible handling of personal data. Companies that openly communicate about their data protection measures can strategically use this for a positive image and differentiate themselves from competitors. Data protection thus becomes a clear, credible component of corporate communication.

Within the record of processing activities, all measures that ensure the protection of personal data must be documented. These include access controls, encryption, data backup, logging, employee training, authentication procedures, and organizational policies. The documentation must describe how risks are minimized and GDPR requirements are practically implemented. Emergency and recovery procedures should also be included.