Protection of personal data at a Ukrainian company: legal advice

Many believe that you should think about the protection of personal data only when your company's activity in Ukraine is covered by the GDPR Regulation. In fact, the local laws of Ukraine provide for liability for violation of the protection regime of such data. Usually it is a fine, or other sanctions applied to the company.  

We will tell you how to avoid negative consequences when working with personal data in Ukraine. 

Related article: How to use GDPR in Ukraine?

What do we mean when we say "processing" and "personal data"?

When for your company, for example, to collect statistics, to understand the portrait of the client, or to form a client base, you request some data from the visitor - this is the processing. It absolutely does not matter how you plan to further use this data. The question arises right away, which of the requested data will be considered personal data? After all, even the GDPR itself does not have a clear, specific designation.

The conventional wisdom is that personal data is something that: 

• directly identifies the particular individual;

• does not directly identify the person, but contains such data from which it is indirectly possible to identify the person in question.

Important: Data protection covers not only your customers' data, but also the data of your employees - any information that the company receives and can continue to be used in some way.

Important: Any information can be considered personal data, provided that it concerns a specific person.

Related article: How to do business related to e-commerce in Ukraine

What is Sensitive data: Are there any special rules?

In addition to the strict rules for the collection and processing of personal data itself, it is important to consider that some of this data requires special attention and caution. For example, information about race, gender, religious outlook, etc. 

Our lawyers talk to each client in advance about how much information you plan to receive, how to use it - and then we provide recommendations on the whole process of data use.

Important! If you do not want to have problems with the process of collecting personal data, you must follow not only the prescribed algorithms, but also logic. For example, you are a company that manufactures telephones. In that case, why would you need information about the health or diseases of the client? But understanding whether it's a man or a woman, you will be able to offer products for each customer group, and data about residency - the ability to make targeted home delivery.

Our lawyers advise you to perform the following algorithm of actions at the start of business in Ukraine:

1. Initially determine the data set that an enterprise needs in order to carry out individual goals in its activities; 

2. to establish the correct order of processing and protection of AP, and thus to protect itself from possible claims.

If you want to avoid troubles related to violation of legislation on protection of personal data in Ukraine - please contact us. We will provide You with professional legal help You need.