The Ukrainian working group on Personal Data Protection, organised by the American Chamber of Commerce in Kiev, has held its final meeting after spending almost two years improving the initial data protection law in the country.
Representatives of Ukrainian market leaders, along with the State Service of Ukraine for Personal Data Protection, have met at regular intervals since the summer of 2011 to discuss data protection law in the country, with TMF Group an active member throughout.
The task assigned to the Working Group was to improve the initial Personal Data Protection law in the Ukraine - it was tough for companies to follow and demanded an unreasonable amount of paperwork. By lobbying the interests of private enterprises the government has been able to make legislative amendments and simplify administrative procedures.
Some of the ways in which Personal Data Protection procedures have been simplified since December 2012 include:
- consent for personal data processing can be not only written, but must be clearly stated in other obvious forms (e.g. digital)
- contracts are now recognised as grounds for personal data processing by respective parties to such contracts.
In addition, the Working Group has developed practical recommendations for private companies to use to ensure protection of personal data while transferring information abroad. The Corporate Code of Conduct on Cross-Border Transfer of Personal Data includes template agreements to be concluded between processors and controllers of personal data when transferring across borders.
The Code of Conduct was not only developed in close collaboration with the State Service of Ukraine on Personal Data Protection, but was also officially approved and recommended by the State Service for implementation as the “Golden Standard” of compliance in the sphere of personal data protection. Together with its Annexes, it ensures multinational companies are able to transfer information, particularly personal data, to foreign offices.
By working together, private business and state authorities have ensured a positive new level in Ukrainian standards of Personal Data Protection. TMF Group was glad to contribute to the results of the Working Group and hopes for further upgrades of the local legal system.