Eastern European Data Protection Update: Ukraine & Kazakhstan

Kazakhstan has enacted a new data protection law which is due to come into force at the end of November. Ukraine has enacted amendments to its data protection law which are due to come into force in January 2014.

Kazakhstan's new data protection law, The Law of Republic of Kazakhstan No. 94-V, "On Personal Data and Its Protection" (May 21, 2013) (PDP), introduces a new regulatory framework governing how personal data is collected, used, disclosed, transferred and destroyed, and applies to the public sector, businesses and to individuals.

The PDP will require "database owners" and "database operators" to create a list of the personal data required for each purposes for which it will be processed, and use of third parties to process data will only be permitted if they are also subject to data protection requirements relevant to the processing they will perform. Individuals must provide consent for the processing of their data, except in certain limited circumstances. Transfers of personal data are permitted to countries that ensure adequate level of protection, including to members of the Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data. Transfers to other countries will require individuals' consent. Compliance failures/breaches are subject to administrative (civil) penalties as well as criminal penalties and imprisonment of up to five years.

Ukraine enacted fundamental changes to its existing data protection law in July, with the changes coming into force 1 January 2014. The Law of Ukraine "On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection" No. 383-VII, dated July 3, 2013 (Amendments) abolishes the Data Protection Office, the current regulatory entity, and transfers regulatory oversight to Ombudsman. The changes...

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