1. Overview of the main novelties in the new EU General Data Protection Regulation and summary of the main contradictions in the existing Ukrainian data protection regulation
Dijana Šinkūnienė
Kyiv, 25 October 2018
This project is funded by the European Union

2. General Data Protection Regulation
Coherence of the data protection legal framework
This project is funded by the European Union

3. General Data Protection Regulation
Individuals’ rights
Stronger institutional arrangement
Principle of accountability
This project is funded by the European Union

4. Strengthening individuals’ rights
Increasing transparency for data subjects
Enhancing control over one’s own data
Raising awareness
Ensuring informed and free consent of data subject, protecting sensitive data
Making remedies and sanctions more effective
This project is funded by the European Union

5. Principle of accountability
The data controller shall ensure and shall be able to demonstrate that processing is performed in accordance with Regulation. Elements of “accountability” principle:
Data protection officer
Records of processing activities
Data protection impact assessment
Prior consultations
Codes of conduct
Certification
Etc.
This project is funded by the European Union

6. Stronger institutional arrangement
Importance of the role of the Data Protection Authorities (DPAs) and their independence
Status and powers of DPAs
Coordinated supervision. Cooperation between DPAs
Consistency mechanism
This project is funded by the European Union

7. Existing Ukrainian legislation
Commissioner’s mandate relating to supervision of personal data protection may overshadow the other functions of investigating maladministration and preventing human rights violations
Creation of separate state institution (possibly having double powers in fields of personal data protection and access to information) meeting independence requirements set forth in Chapter VI of General Data Protection Regulation
This project is funded by the European Union

8. Existing Ukrainian legislation
More coherent adoption of the EU personal data protection standards including that provided by the General Data Protection Regulation:
Reviewing catalogue of data subject’s rights
Introducing principle of accountability
Reviewing provisions related to transborder data flows
Setting up new system of administrative fines
This project is funded by the European Union

9. Existing Ukrainian legislation
Reviewing functions of the Commissioner making particular emphasis on:
Participation in data protection policy making
Enhancing the awareness on personal data protection
Prior consultations, codes of conduct and other novelties introduced by the General Data Protection Regulation
Power to impose effective, proportionate and dissuasive sanctions
This project is funded by the European Union

10. In conclusion Sanctions Independent supervision Awareness
Principle of accountability
This project is funded by the European Union

11. Thank you for your attention!
EU Twinning Ombudsman