On March 2, 2024, the Law of 10 August 2023 No. 3321-IX about digital content and digital services entered into effect, following its adoption on August 10, 2023, by the Parliament of Ukraine (Verkhovna Rada).

What is the scope of the law?

The law regulates the relationship between the provider and the consumer regarding the provision of digital content and/or a digital service. This includes cases in which the provider, on the basis of the contract, provides or undertakes to provide digital content and/or a digital service to the consumer, and the consumer provides or undertakes to provide their personal data, except in cases where their provision is exclusively necessary for receiving digital content and/or a digital service, without the intention of further use of personal data to achieve any other goals.

However, the law does not apply to the provision of electronic communication services, provision of medical services, and provision of financial services, among others.

What are the main provisions of the law?

The law reinforces consumer rights related to the provision of digital content and confirms that the Personal Data Protection Law must be complied with when the provider is processing personal data.

Additionally, the law provides for the duties of digital service providers, including, among other obligations:

• providing digital content that is suitable for use in accordance with the purpose for which the digital content and/or a digital service of the same type is usually used; and
• providing digital content in compliance with quantity and quality requirements, including interoperability, functionality, compatibility, availability, continuity of provision, and security of use, which are usual for digital content and/or digital services of the same type and which the consumer can reasonably expect under the terms of the contract.

Moreover, the law provides for legal consequences for non-compliance.

You can read the bill here and view its history here, both only available in Ukrainian.