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Personal data protection legislation: requirements and sanctions

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 30.05.2024

Personal data protection legislation: requirements and sanctions

The protection of personal data is an important aspect of modern legal regulation, as a breach of data confidentiality can have serious consequences for individuals and organizations. Personal data protection laws establish requirements for the collection, processing, storage and transfer of personal data, as well as provide for sanctions for violation of these requirements. Let us consider the main provisions of personal data protection legislation and sanctions for non-compliance.

 

Main legislative acts

The Law of Ukraine "On Personal Data Protection"

The Law of Ukraine "On Personal Data Protection" defines the legal framework for personal data protection in Ukraine. It establishes the rights of personal data subjects, the obligations of data owners and managers, and the liability for violations of personal data protection legislation.

 

Basic requirements of the law

Consent to data processing:

  • Personal data is processed with the consent of the data subject or on other legal grounds.

The rights of data subjects:

  • The right to access your data.
  • The right to correct, delete or destroy data.
  • The right to object to data processing.

Data security:

  • Data owners and managers must ensure that data is protected from unauthorized access, loss or damage.

Notification of data subjects:

  • Data subjects should be informed about the purpose of data collection, its scope, processing methods and persons to whom the data may be transferred.

Registration of personal data bases:

  • Owners of personal data databases are obliged to register such databases in the relevant register maintained by the Ukrainian Parliament Commissioner for Human Rights.

 

Sanctions for violation of the law

Administrative and criminal sanctions are provided for violation of personal data protection legislation.

 

Administrative fines:

  • Violation of the rights of personal data subjects may result in fines ranging from 300 to 1000 tax-free minimum incomes (from UAH 5100 to 17,000).
  • Failure to comply with the legal requirements of the Ukrainian Parliament Commissioner for Human Rights is punishable by fines of 1000 to 2000 tax-free minimum incomes (17,000 to 34,000 hryvnias).

 

Criminal liability:

  • The illegal collection, storage, use, destruction or dissemination of confidential information about a person is punishable by a fine of up to 50 tax-free minimum incomes (850 hryvnias) or restraint of liberty for up to three years. You may be interested in the following articles: legal advice, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.

 

Conclusions.

Personal data protection is a critical aspect of modern business and legal regulation. Personal data protection legislation, such as the GDPR in the EU and the Law of Ukraine "On Personal Data Protection", sets strict standards for data processing and provides for severe sanctions for violations. Organizations need to implement appropriate technical and organizational measures to ensure the security of personal data and compliance with the law to avoid fines and loss of customer trust.

Personal data protection not only helps to comply with legal requirements, but also contributes to the company's reputation, strengthening customer relationships and ensuring sustainable business development in the digital economy.

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