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

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

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

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

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

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

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

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

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

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

Thank you for your attention! EU Twinning Ombudsman