UA Cloud Services Law

Law of Ukraine on Cloud Services — Verkhovna Rada of Ukraine / Cabinet of Ministers / Ministry of Digital Transformation / National Bank of Ukraine

Also known as: ЗУ про хмарні послуги, Закон про хмарні послуги, хмарні послуги, Закон № 2075-IX

At a glance

Current version
Law No. 2075-IX (edition of 28 June 2024, Law No. 3783-IX)
Published 28 June 2024. source
Status
In force
Next deadline
in 135 days
Amendments by Law No. 4888-IX on public procurement to Articles 11 and 12 (how public users buy cloud services) take effect source
Who must comply
Providers of cloud and data centre services, with particular rules for public bodies and state enterprises that use cloud services. source
Authority
A law of the Verkhovna Rada. A communications services regulator keeps the list of providers eligible to serve public users and critical infrastructure (Articles 8 and 9). source
Last change

Ukrainian law on cloud services (No. 2075-IX). It covers all relations in cloud services, adds particular rules for public bodies and state enterprises that use them, and binds every cloud and data centre service provider to its security requirements for critical infrastructure and state information resources.

Recent changes

  1. Info
    Law on provision of cloud services to public sector entities and critical infrastructure operators

    The bill proposes amendments to Ukrainian legislation regarding the provision of cloud services and data center services. The changes aim to develop digital infrastructure for the …

    Other

  2. Info
    Bill specifies regulation of cloud services and data center operations

    Parliament considers a bill to amend Ukraine's legislation on regulating cloud services and data center operations. The document establishes new requirements and rules for providers of …

    Other

That is the last 90 days. Sign in to read further back.

  1. in 135 days Amendments by Law No. 4888-IX on public procurement to Articles 11 and 12 (how public users buy cloud services) take effect
  2. The Law on Cloud Services enters into force

Amendments

  1. Law No. 2075-IX (edition of 28 June 2024, Law No. 3783-IX) AmendmentCurrent text

    Law No. 3783-IX restated paragraphs two and three of Article 11(3): during martial law the Ministry of Defence and Armed Forces may process defence information, including classified data, in cloud resources abroad. source

  2. Edition of 4 April 2024 (Law No. 3549-IX) Amendment

    Law No. 3549-IX of 16 January 2024 restated Article 11(3) on use of cloud services by public users. source

  3. Edition of 27 December 2023 (Law No. 3343-IX) Amendment

    Law No. 3343-IX of 23 August 2023 on improving state governance and regulation of cloud services introduced the communications services regulator and the term communications services. source

  4. Law No. 2075-IX (as adopted) Major version

    Adopted on 17 February 2022; it entered into force on 16 September 2022, six months after publication (Article 16(1)). source

Who it applies to

Every cloud and data centre provider has security duties; providers serving public users or critical infrastructure must also be on the regulator's list.

Scope
The law governs relations arising in the provision of cloud services and sets particular rules for their use by public authorities, local self-government, military formations and state enterprises, institutions and organisations (Article 1). source
Public users
Public users choose a provider from the list using public procurement procedures; services to them must comply with personal data, information protection and cybersecurity legislation (Article 11). source
Restricted locations
Providers must not use technical means located on temporarily occupied territory, in an aggressor state, or owned by sanctioned states or persons (Article 8(1)). source

How compliance is assessed

To serve public users or critical infrastructure, a provider applies to the regulator's list with documents including a conformity document from a conformity assessment body.

Listing application
The application includes information protection documents, personal data policies, proof of rights to the means used and a conformity document issued by a conformity assessment body (Article 8(3)). source
Decision in 15 working days
The regulator decides on listing within 15 working days and publishes the decision; changes must be filed within five working days (Article 9). source
Incident reporting
Providers report, without undue delay, any incident with a significant negative impact on the service to the regulator and CERT-UA (Article 8(1)). source

Enforcement and penalties

The regulator can refuse listing, and providers must remedy any non-compliance with its requirements.

Refusal of listing
The regulator refuses listing for incomplete documents or unreliable information in the application (Article 9(3)). source
Remedying non-compliance
Providers must give the cyber protection authority information needed to assess security, including their security policy, and remedy any non-compliance with the regulator's requirements (Article 8(1)). source

Documents

  1. Law text Закон України «Про хмарні послуги» № 2075-IX
  2. Law text Закон України «Про публічні закупівлі» № 4888-IX (amends Articles 11 and 12)

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