Consent to the processing of personal data

The bill No. 2671 of 23.12.2019 on the forms and conditions of consent for processing of personal data was submitted for consideration of the Verkhovna Rada of Ukraine.

According to this bill, consent to the processing of personal data will be provided in one of the following ways:

  • for consideration of the Verkhovna Rada of Ukraine the bill No. 2671 of 23.12.2019 on the forms and conditions of consent for processing of personal data was submitted.
  • in writing, including by electronic means, which may be a separate document signed by the subject of personal data, one of the terms of the contract, statement, questionnaire, etc .;
  • in electronic form, which may be a mark on a website on the Internet, affixing a personal data subject, provided by the website interface of the questionnaire to fill in, technical settings of the website, operating system, software, mobile application, which provide processing of personal data, etc .;
  • another form that clearly and unambiguously indicates the consent of the data subject to the processing of his or her personal data.
  • At the same time, the burden of proving the data subject’s consent to the processing of his or her data will be vested in the person who owns the data.

The following will not be considered consent to the processing of his personal data:

1) tacit and vague actions of the subject’s data;

2) automatically filling in the questionnaire provided by the interface or pre-affixing it in the appropriate field without subject’s specific data direct participation;

3) the default settings of the website, operating system, software, mobile application;

4) the inaction of the data subject.

-Daria Vasina, attorney at law Dynasty Law Firm.

Publications 23 January, 2020

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