The new law on digital services: basic provisions and prohibitions

Law No. 3321-IX "On Digital Content and Digital Services" defines the legal framework for interaction between consumers and providers of digital content and services. The document regulates the sale, supply and use of digital products, establishes guarantees for consumers, and also defines restrictions and prohibitions.

Key provisions of the law

1. Consumer rights.

   • Consumers have the right to the appropriate quality of digital content and services.
   • Clear guarantees are established regarding the restoration of access to the digital product or compensation in the event of its malfunction.

2. Obligations of suppliers.

   • Providers must ensure compliance of digital content with the declared characteristics.
   • Information about functionality, compatibility and updates of a digital product must be transparent.

3. Requirements for updates.

   • Providers are obliged to provide the necessary updates to support the functionality of the content, if this is stipulated by the contract.

Prohibitions established by law

• Hidden payments. It is forbidden to charge additional funds without prior notification of the consumer.
• Discrimination against users. Restrict access to content based on region, language or other discriminatory factors.
• Sale of low-quality content. Suppliers are responsible for defects that render the digital product unusable.
• Providing information in an inappropriate form. It is forbidden to hide or distort information about a digital product.

Why this law?

The document ensures the rights of consumers in the digital sphere and establishes transparent rules for service and content providers. This is an important step in the harmonization of Ukrainian legislation with European standards.

You can learn more about the changes by reading the text of the law .

In the European Union, digital services are governed by a number of directives and regulations aimed at protecting consumer rights, supporting innovation, ensuring competition and combating illegal content. Here are the main documents:

1. Digital Services Act (DS A)

Regulates the activities of online platforms, protects the rights of users and fights against illegal content:

• Establishes the platform's responsibility for content moderation.
• Obliges large platforms to transparently report on the operation of algorithms.
• Implements mechanisms to combat disinformation.

Entered into force: January 2024 for very large platforms.

2. Digital Markets Act (DMA)

Ensures fair competition in digital markets and limits the monopoly power of "gatekeepers" (large online platforms).

• Key provisions:
  • Prohibits anti-competitive practices (for example, preferential ranking of own services).
  • Requires interoperability of messengers and platforms.
  • Imposes restrictions on the use of user data without their consent.

Entered into force: May 2023.

3. Directive on Digital Content and Digital Services (Directive on Digital Content and Digital Services, 2019/770)

Protects consumers who purchase digital content (apps, programs, video games, streaming services).

• Key provisions:
  • Establishes requirements for the quality of digital content.
  • Guarantees the right to compensation in case of defects.
  • Defines the obligation of suppliers to provide updates within a certain period.

Entered into force: January 1, 2022.

4. General Data Protection Regulation (General Data Protection Regulation, GDPR, 2016/679)

Protects personal data of EU citizens.

• Key provisions:
  • Guarantees the right to privacy, deletion of data and restriction of processing.
  • Establishes rules for the transfer of data outside the EU.
  • Requires transparency regarding the processing of personal data.

Entered into force: May 25, 2018.

5. E-Commerce Directive (e-Commerce Directive, 2000/31/EC)

Establishes the legal framework for online commerce and electronic services.

• Key provisions:
  • Ensures the freedom to provide services in the EU.
  • Defines the responsibility of intermediaries for illegal content.
  • Requires transparency about service provider information.

6. Misinformation Code of Conduct

• Although it is not a legislative act, it is part of European policy. Platforms voluntarily undertake to fight disinformation, in particular during elections.

These regulations ensure the regulation of digital services and content in the EU, harmonize the legislation of member countries and set high standards for service providers. Implementation of their provisions in Ukraine will allow adaptation to the aquis communitaire.

Useful document templates

Agreement on the supply of software products

License agreement for the work (materials for online courses, one-time payment, transfer of rights at the time of signing the agreement)

Privacy policy (Russian)

Privacy policy (Ukrainian, Russian, English)

Agreement on the provision of services (marketing in social networks - advertising of the Customer's SERVICES, for the benefit of the Contractor) (Ukraine, rez-rez, rez-rez, Ukrainian-English, with/without VAT)

Agreement on the provision of services (marketing in social networks - advertising of the Customer's GOODS, for the benefit of the Contractor) (Ukraine, rez-rez, rez-rez, Ukrainian-English, with/without VAT)

Agreement on the provision of services (marketing in social networks) (Ukraine, rez-rez, Ukrainian, with/without VAT)