Ukrainian Ombudsman issues a notification about the processing of personal data by employers


On 30 September 2021, the Ukrainian Parliament Commissioner on Human Rights (the “Ombudsman”) published a notification about the ability of employers to obtain consent for processing the personal data of new employees.

The notification emphasizes that employers cannot demand that a job applicant consent to personal data processing when hiring him/her since consent must be given voluntarily.

It also states that processing the personal data collected by employers pursuant to the Ukrainian Labour Code does not require separate consent from a data subject since such processing may be carried out on the basis of the Ukrainian Labour Code, other legislative acts, or an employment contract.

The Ombudsman emphasizes that the ability of a person to exercise the rights guaranteed to him/her by law (in particular, the right to work) cannot depend on his/her consent to the processing of personal data. This is also applicable to rights to education, work, health care, etc.

For more information about personal data processing in Ukraine please contact Maria Orlyk or Diana Valyeyeva.