Publication date: 27.05.2024
Amendments to the Law of Ukraine "On Digital Content and Digital Services".
Introduction
The Law of Ukraine "On Digital Content and Digital Services" (hereinafter - the Law) is a key normative legal act that regulates legal relations in the field of provision and use of digital content and services. Given the rapid development of digital technologies, there is a need to amend this Law to ensure its relevance and effectiveness.
The need for change
Modern technological achievements, in particular the development of artificial intelligence, blockchain technologies and the Internet of Things, require the adaptation of legislation to new realities. The main reasons for amending the Law include:
Terminology update: Introduction of new concepts and clarification of existing terms for more accurate regulation.
Protection of consumer rights: Increasing the level of protection of the rights of users of digital services and content.
Harmonization with European legislation: Compliance with EU requirements for digital services and content.
Regulation of new types of services: Inclusion of provisions regulating the latest digital services and technologies.
The main changes
1. Terminology update
The changes concern the introduction of new terms such as "artificial intelligence", "blockchain", "internet of things", as well as the clarification of existing concepts, in particular "digital content", "digital service", "content exchange platform".
2. Protection of consumer rights
In order to increase the protection of consumer rights, the following is provided:
Mandatory provision of complete and reliable information about digital services and content.
Introduction of refund mechanisms in case of improper performance or provision of services.
Introduction of the right to delete personal data of users from digital platforms.
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3. Harmonization with European legislation
The changes take into account the provisions of the European Parliament and Council Directive (EU) 2019/770 on some aspects of contracts for the provision of digital content and digital services. This contributes to increasing the compatibility of Ukrainian legislation with European standards.
4. Regulation of new types of services
The law now includes provisions governing the use of emerging technologies such as artificial intelligence and blockchain. In particular, it provides:
Requirements for the transparency of artificial intelligence algorithms.
Regulation of the use of smart contracts based on blockchain technologies.
Security standards for Internet of Things devices.
Conclusion
Amending the Law of Ukraine "On Digital Content and Digital Services" is a necessary step for adapting the legislation to modern technological realities. This will contribute to increased protection of consumer rights, harmonization with European standards and regulation of new types of digital services. It is important that these changes are implemented in a timely and effective manner, ensuring legal certainty and protection of the rights of all participants in the digital market.
