Sayenko Kharenko analysed and summarised all relevant criteria, which should be met by Ukraine in order to apply to the EU Commission and obtain a decision on the adequate protection of personal data by Ukraine (the Adequacy Decision). Following that, the firm prepared a report, which contains conclusions on the existing gaps and recommendations as to the necessary amendments to the relevant Ukrainian laws (the Report). The Report was accomplished within the framework of the technical assistance project supported by the Ministry of Digital Transformation and the USAID Competitive Economy Program in Ukraine (CEP). The project is aimed at assisting the Parliament of Ukraine (Verkhovna Rada) with initiating a strategic approach to obtain the Adequacy Decision for Ukraine within the next few years. Sayenko Kharenko carried out the full-scope assessment of the necessary requirements and guidelines of the European Data Protection Board and its predecessor that must be fulfilled and that were considered by the EU Commission when granting previous Adequacy Decisions.

The Report provides the Parliament with a strategic roadmap of changing the legal environment in Ukraine for bringing the same in line with the European standards. Upon obtaining the Adequacy Decision, the Ukrainian businesses would be able to carry out EU-Ukraine cross-border transfers of personal data much easier and faster without significant hurdles and extra safeguarding measures, which are currently required in most of the cases where personal data is transferred from the EU to Ukraine.

The Report will also support the Parliament regarding the fulfilment of obligations under the EU-Ukraine Association Agreement, opening free data flows between the EU and Ukraine, and bringing more confidence for global businesses to invest in the Ukrainian IT sector.

“We are again proud to support the Parliament by setting up the course for easier data flow between the EU and Ukraine in the near future. The aimed Adequacy Decision will provide Ukrainian’s businesses a huge competitive advantage compared to other countries outside of the EU not having this opportunity of such a free data flow with the EU,” commented Ario Dehghani, Sayenko Kharenko counsel.

Sayenko Kharenko’s team was led by partner Nazar Chernyavsky and counsel Ario Dehghani, with the support of associates Volodymyr Stetsenko and Yuliia Brusko.