Key Benefits:
This Act defines the organisational and legal basis of electronic commerce activity in Ukraine, establishes the procedure for the conduct of electronic legal rights with the application of information and telecommunications systems and determining the rights and duties of the participants of the in the area of e-commerce.
Section I
GENERAL PRINCIPLES OF ELECTRONIC COMMERCE IN UKRAINE
1. This Act governs the legal relations in the sphere of e-commerce during the study of electronic offenders.
2. The action of this Act shall not apply to the law, if:
The law establishes a special order of the transition of property or the subject of a law to be objects removed from civil defence or limited to civil law in accordance with the legislation;
one of the parties is a physical person who is not registered as a physical person-an entrepreneur and implements or proposes to implement goods, performs works, provides services using information and telecommunications systems, except when the parties are directly Agreed to apply the provisions of this Act to the law;
The party 's party is the body of state power or the local government' s body in part of the execution of it functions of the state or local self-government or the legal entity according to Law of Ukraine "Public procurement";
The law is subject to a notary or state registration in accordance with the legislation;
The law of law regulates family relations;
The law applies to a gambling business, including couples, totalitzers and other gambling, or holding a lottery, except not the monetary lottery, according to the Law of Ukraine "About the charity and charities" and the lottery outstanding. Law of Ukraine "Advertising";
The implementation of the obligation is provided by a person who has signed a treaty of law or another form of property, provided that such a person is acting in the purposes of their economic activities or independent professional activities.
3. In case one of the parties of the electronic law is a foreigner, a person without a nationality or a foreign legal entity, the rules of this Act apply with regard to provisions Law of Ukraine "On International Private Law".
4. The norms of this Act apply to the activities of foreign electronic commerce entities in part of the implementation of the goods performed by the works, providing services to buyers (customers, consumers) in the territory of Ukraine.
Article 2. The Legislation of Ukraine in the sphere of e-commerce
1. Legislation of Ukraine in electronic commerce is based on Constitution of Ukraine and consists of Civilian and Master Codes of Ukraine, laws of Ukraine "On protection of consumer rights" , "On the advertisement" , "On electronic documents and electronic documents" , "Protection of information in information and telecommunications systems" , "About Telecommunications". , Electronic Digital Signature , "On payment systems and refunds in Ukraine" , "On financial services and public regulation of financial services markets" , "On protection of personal data" , the international treaties of Ukraine, the consent of which is provided by the Verkhovna Rada of Ukraine, this Act and other regulations adopted in accordance with them.
2. The order of providing banking services, issue and circulation of e-money, the implementation of transfers is not subject to the legal regulation of this Act and is governed by special legislation. Prior to the services of the remote service, issue and circulation of electronic money, insurance and other services on which there is special legislation, this Law applies only to the part of the offenders committed in electronic form. Special legislation regulating the implementation of remote service, issue and circulation of electronic money, insurance, including the laws of Ukraine "On electronic documents and electronic documents" , Electronic Digital Signature , "On payment systems and refunds in Ukraine" , "On financial services and public regulation of financial services markets" , "Bank and Banking" and "Insurance". .
3. If the international treaty of Ukraine, consent to the binding of the Verkhovna Rada of Ukraine, establishes other rules than those envisaged by this Act shall apply to the rules of the international treaty.
1. In this Act, the following are the following:
(1) e-commerce-relations aimed at obtaining profits arising during the act of committing offenders to acquire, change or end civil rights and obligations implemented remotely using information and telecommunications systems, As a result of the participants in such relationships, the rights and duties of the main character arise;
(2) Electronic trading activities in the area of electronic purchase of sales, implementation of commodities by remote means of purchase by committing to electronic laws using information and telecommunications systems;
3) An electronic form of information representation is a way of documenting information, meaning creation, recording, transfer or preservation of information in digital or other inmaterial using electronic, magnetic, electromagnetic, optical or electronic data. Other tools capable of reproduction, transfer or storage of information. An electronic form of information representation is considered to document information that allows it to reproduce in visual form suitable for human perception;
(4) Electronic communication-information presented in electronic form by a participant in electronic commerce with the use of information and telecommunications systems;
(5) An electronic contract is an arrangement of two or more parties aimed at establishing, changing, or ending civil rights and duties in electronic form;
(6) An electronic signature is a one-time ID-data in an electronic form in the form of an alphanumeric sequence, added to other electronic data by a person who accepted an offer (a farm) to make an electronic contract, and are sent to another Of this treaty;
(7) An electronic legal entity, a person aimed at oncoming, a change or termination of civil rights and obligations made using information and telecommunications systems;
(8) an online store-a means to represent or implement a commodity, work or service by committing an electronic law;
9) Information electronic services-pay or free services for the processing and storage of information provided remotely using information and telecommunication systems at the individual request of their recipient;
(10) Commercial electronic communication is an electronic message in any form, whose purpose is to direct or mediate the promotion of goods, works or services, or a business reputation of a person to fail or independent professional activities.
The commercial electronic message does not belong to:
information that provides direct access to the activities of the person, domain name or email address;
Reports of goods, work or services or a business reputation of a person who is not in the form of promotion;
(11) A network identifier is an individual set of numbers and/or symbols assigned to the end-of-service electronic commerce participant in the information and telecommunications network;
(12) A one-time ID is an alphabetical sequence that receives an offer from an electronic contract by registration in the information and telecommunications system of the subject of electronic commerce. The proposal A one-time ID can be transmitted by the subject of e-commerce, which suggests a contract, the other side of the electronic legal instrument specified during registration in its system, and added (joins) to the electronic system. A message from the person who accepted the proposal to make a treaty;
13) the service of an intermediate character in the information sphere is the service on transmission and/or storage of information and the assignment of network identifiers.
If the service is given to a person who is the initiator of the transfer of information, has the ability to influence the choice of the recipient of information or may alter the content of the information transmitted, such a service is not a service of intermediate nature in the information sphere;
(14) the implementation of a commodity-based electronic contract, based on a buyer's familiarity with a product provided by a merchant in order defined by the Act, by providing access to directories, avenues, booklets, photographs, etc., using information and telecommunications systems, television, mail, radio communication, or other way, which eliminates the possibility of direct familiarity with the product or the sample of goods during the making of such a The treaty
15) the subject of e-commerce-the subject of the host of any organizational-legal form that implements goods, performs works, provides services using information and telecommunications systems, or the person who acquires, orders, uses the relevant goods, robots, services by means of an electronic law.
2. The term "electronic signature" is used in the meaning given in Laws of Ukraine "Electronic Digital Signature".
3. The term "electronic document" is used in the form of Laws of Ukraine "Electronic Documents and Electronic Documents".
Article 4. Electronic services
1. Information electronic services are considered to be the services of:
Create opportunities to find information and access it;
Transfer and storage of information
Placing information on another person's order;
Transfer of information to the person's request or departure of commercial e-mails;
Other activities in the area of electronic commerce.
2. Prior to information electronic services do not belong to the services if given:
It is done without the use of information and telecommunications systems;
with technology requires the immediate presence of a customer or service provider, including services provided using electronic devices (medical advice with patient survey, audit subject activity, etc.);
Provides simultaneous transmission of information to an undetermined circle of persons (television broadcasting, radio broadcasting, etc.).
Article 5. Basic principles of legal regulation in e-commerce
1. The main principles of e-commerce are:
Freedom of failure of business activities using information and telecommunications systems;
Freedom of choice of counteragent, electronic means, types and forms of activities;
Freedom of competition and to ensure its conscientiousness;
Freedom of the exercise of electronic offenders;
equality and the protection of the rights of the participants in the area of e-commerce;
Compliance with the requirements of legislation, rules of professional ethics, respect for the rights, freedoms, legal interests of participants in the sphere of e-commerce;
Ensuring the proper quality of goods, works and services implemented in the area of e-commerce;
The same thing as the legal power of the electronic law and the legal laws laid out in another form stipulated by the law;
To provide access to information on all participants in the area of e-commerce;
the availability of commercial electronic messages and the ability to limit their revenue.
2. Restrictions on the rights and freedoms of participants in the area of e-commerce can be established solely by law.
3. The law cannot be found to be invalid due to its decision in electronic form, unless otherwise provided by law.
4. If for the failure of the distribution of certain goods, the execution of work or service provision is a requirement to obtain a license or a leisure document, the subject of electronic commerce may implement the implementation of such goods; work, services exclusively from the moment of receipt of the license or permission to fail the relevant kind of activity.
Chapter II
CONTRIBUTORS TO E-COMMERCE RELATIONS
Article 6. Members of the e-commerce relationship
1. Participants in e-commerce are subject to e-commerce, providers of intermediate character in the information sphere, state authorities and local government authorities in part of the execution of them functions of the state, or local government.
2. The intermediary service providers include operators (providers) of telecommunications, payment infrastructure operators, registrators (administrators), assigning network identifiers, and other entities that are not available. provide the transfer and storage of information using information and telecommunications systems.
3. The attendees of e-commerce relations may develop professional ethics rules in this field. These rules can be used when committing to electronic offenders, preparation of installations and other documents.
Article 7. Legal status of seller (performer, supplier) of goods, works, services in e-commerce
1. The seller (performer, supplier) of goods, works, services in electronic commerce during their activities and in the event of distributing a commercial electronic message is required to provide direct, simple, stable access to other members of the relationship in the area of e-commerce to the following information:
Full naming of a legal person or surname, by parent of an entrepreneur;
The location of the legal person or place of registration and the place of actual residence of the physical person-an entrepreneur;
the email address and/or internet address;
The identification code for the legal person or registration number of the taxpayer ' s account card for a physical person-an entrepreneur, or a series and passport number for a physical person-an entrepreneur who, through his religious beliefs, refused. The adoption of the taxpayer ' s registration number and officially reported the relevant public tax service authority and has the mark on the passport;
License information (series, number, expiration, and date of issuance) if economic activity is subject to licensing;
to include taxes in the calculation of the cost of goods, robots, services and, in the case of a commodity,-information on the cost of delivery;
Other information in accordance with the legislation is to be made public.
2. The seller (performer, supplier) during the act of committing an electronic law is bound to ensure the complete correspondence of the subject of the electronic contract, the agreed parties, the quantitative and qualitative characteristics.
3. If the seller (performer, vendor) offers the other side of the electronic contract to provide it with payment tools to pay the cost of the goods, work, services, it is required to ensure protection of such information according to laws of Ukraine "Protection of information in information and telecommunications systems" and "On payment systems and refunds in Ukraine" .
4. The seller (performer, vendor) has the right to request other parties only such information, without the making and execution of an electronic contract.
Article 8. Legal status of buyer (customer, consumer) of goods, works, services in e-commerce
1. The rights and duties of the buyer (customer, consumer) of goods, works, services in electronic commerce are determined by the legislation of Ukraine, in particular Law of Ukraine "Consumer Rights Protection".
The buyer (customer, consumer) of goods, works, services in the area of electronic commerce by volume of their rights and duties shall be equal to the consumer in the event of a contract outside of trade or office spaces and in the case of a contract of distances according to Law of Ukraine "Consumer Rights Protection".
2. The buyer (customer, consumer) of goods, works, services in the area of electronic commerce that accepts (excl) the offer of another party to the conclusion of an electronic contract is required to report itself to the information required to make it.
3. In the case of payment of the value of a commodity, work, services using payment tools such a person has the right to inform the information given to the payment of a suitable operator of payment systems responsible for their payment. preservation and use in the order provided by the Legislature.
4. A physical person must provide information about themselves required to commit electronic law, create an electronic signature, identification in the information system of electronic commerce, by introducing (creation) special special a set of electronic data, as well as committing to other actions in such a system.
5. In cases stipulated by the contract, the buyer (customer, consumer) must inform the address of the delivery of the goods, the execution of the work or service delivery.
6. The list of information required to commit an electronic law is determined by the legislation of Ukraine or by arrangement of the parties.
Article 9. The legal status of the intermediate nature service provider in the area of e-commerce
1. Parties to electronic law can use the service providers of an intermediate character in the information sphere.
2. The rights and duties of the intermediate nature service provider in the information sphere are determined by the Contract for the provision of such services, Civilian and Master Codes of Ukraine, the provisions of this Act and the legislation on telecommunications.
3. The application of Internet access and other information and communication systems is arranged by a particular legal or electronic law between the parties and the provider of an intermediate character in the information sphere.
4. The intermediary service provider in the information sphere is not a party of electronic law whose subject is the goods, robots or services, other than the services of an intermediate character in the information sphere (domain name registration or domain name). IP address, assigning other network identifiers, recording of sending/joining an email, providing access to the Internet and other information and telecommunications systems, etc.) and not responsible for the content of the transmitted or information received and for the damage caused by the the results of such services, provided that he is not the initiator of the transmission of such information, does not choose the recipient and cannot change its content.
5. In case of an intermediate nature service provider in the information sphere is the initiator of the transfer of information, chooses its recipient and may change its contents, it is required to provide a direct, simple, stable access to other participants in the relationship The area of electronic commerce is as follows:
Full naming of a legal person or surname, by parent of an entrepreneur;
The location of the legal person or place of registration and the place of actual residence of the physical person-an entrepreneur;
the identity code of the legal person or registration number of the physical person ' s tax card-an entrepreneur, or series and passport number for a physical person-an entrepreneur who, through his religious beliefs, refused to accept The registration number of the taxpayer ' s account card and officially reported the relevant agency of the state tax service and has the mark on the passport;
License information (series, number, expiration, and date of the issuance);
Other information in accordance with the legislation is to be made public.
If the provider of an interim in the information sphere notes the cost of such services, it is required to report the inclusion of taxes in the calculation of their value.
Chapter III
THE ORDER OF THE ACT OF ELECTRONIC LAW
Article 10. Distribution of commercial electronic communications in e-commerce
1. Electronic laws are committed on the basis of relevant proposals (ofert).
Inform potential buyers (customers, consumers) regarding goods, works, services are carried out in accordance with the requirements Law of Ukraine "On advertising" and may be carried out by sending commercial electronic messages.
2. Commercial electronic messages are only distributed based on the consent of receiving such messages provided by the person who are addressed.
3. A valid electronic message can be sent to the person without her consent only if it is possible that it may refuse to further receive such messages.
4. The code of electronic communication should meet the following requirements:
A commercial electronic message has to be clearly identified as such;
a person whose name is sent to a commercial electronic message is obliged to provide a direct, easy access person to which it is addressed, to the information defined Article 7 This Act;
commercial electronic messages regarding discount, prizes, encouraging gifts, etc. have to be clearly identified as such, and the conditions of their receipt should be made available and set forth in a way that allows for two-digit understanding and to conform to The legislation on advertising;
information about the cost of the goods, jobs, services should contain information on the inclusion of taxes in its calculation and, in the case of the delivery of the goods,-information on the cost of delivery.
5. The provision of a commercial electronic message without its consent may not be basis to increase the cost of the service provided by an intermediate character in the information sphere.
Article 11. Electronic contract order
1. The opposition to the electronic treaty (ofert) must contain substantial conditions stipulated by the legislation for the relevant treaty, and to express the intent of the person who has made it, to be considered to be a liability in the case of its adoption.
2. Electronic contract other than designated Civil Code of Ukraine the relevant conditions for the relevant kind of contract, may contain information on:
Technology (order) of the contract;
the order of creation and imposing electronic signatures by the parties to the treaty;
Possibility and order to make changes to the terms of the treaty;
The way and the order of acceptance of the proposal is to make an electronic treaty (the acceptances);
the order of exchange of emails and information between the parties during the execution of their obligations;
Technical means of identifying the parties
the order of making changes to the wrongly sent acceptance of the proposal to make an electronic treaty (acceptte);
links to conditions included in the contract, by redirecting (sending) to another electronic document and the order of access to such a document;
a way of storing and making electronic documents, messages, other information in electronic form and access conditions;
Conditions for making and obtaining paper copies of electronic documents;
The ability to choose a language used when making and executing a contract;
3. The electronic treaty is made by offering it a single party and its adoption by the second party.
The electronic treaty is considered to be consigned since the acceptance of the person who sent the proposal to make such a treaty, the answer to the adoption of this proposal in a manner defined by part of the sixth of this article.
4. The opposition to enter an electronic agreement may be made by sending a commercial electronic message, placing proposals on the Internet or other information and telecommunications systems.
5. The opposition to the electronic treaty (Ofert) may include the conditions contained in another electronic document by redirection (reference) to it.
The person addressing the proposal to make an electronic treaty (Ofert) should provide seamless access to electronic documents, including the terms of the treaty, by redirecting (sending) to them.
The inclusion of an electronic agreement contained in another electronic document by redirection (reference) to such a document, if the parties of the electronic contract were to be acquainted with it, could not be basis for recognition. I'm sorry.
6. The response of the person addressed to the proposal to make an electronic treaty may be given by:
sending an email to the person who made the proposal to make an electronic contract signed in the order stipulated Article 12 This Act;
completion of the statement of statement (form) on the adoption of such a proposal in electronic form, which is signed in order of Article 12 This Act;
An act of action, which is considered to be a proposal to make an electronic treaty, if the content of such actions is clearly solved in an information system, which contains such an offer, and these discharges are logically related to it.
7. The electronic contract is concluded and executed in order of Civilian and Master codes of Ukraine as well as other acts of legislation.
A proposal to make an electronic treaty (an ofert) or an electronic contract must contain information about the possibility of obtaining a party of such a proposal or a contract in a form that allows the change to be changed.
If the buyer (consumer, customer) will conclude an electronic contract by placing an order through information and telecommunications systems, the seller (performer, vendor) is required to promptly confirm receipt of such an order.
An order or confirmation of placing an order is considered to be received at the time the electronic contract has been granted access to it.
8. In the case of an electronic contract being concluded in the information and telecommunications system of the subject of electronic commerce, for the adoption of a proposal, such a person must be identified in such a system and to answer the acceptance of the proposal (accepte) in the order defined by the part of the sixth of this article.
Such a document is issued in arbitrary form and must contain substantial conditions stipulated by the legislation for the relevant treaty.
The information system of the subject of electronic commerce, which offers an electronic contract, should predict the technical possibility of a person addressed such a proposal, to change the content of the information provided by the time of the adoption of the proposal.
9. The position of the electronic contract is the location of the legal person or place of the actual residence of the physical person, which is the seller (by the artist, supplier) of goods, works, services.
10. The need to transfer the goods to the buyer is determined by the provisions of the seller Civil Code of Ukraine on purchase sales, unless otherwise established by the Act.
If the subject of an electronic contract is the provision of electronic commerce services, the duty of the supplier before the consumer is considered to be executed when the service provider is given to the properties defined by the contract or Legislation.
If the subject of an electronic contract is to perform an electronic commerce work, the person's duty before the customer is considered to be executed when the result of the executed work meets the requirements established by the treaty or legislation.
An electronic agreement may be determined by another point of commitment between the parties.
11. The buyer (customer, consumer) must obtain a confirmation of the act of electronic law in the form of an electronic document, a receipt, a trademark or a cash receipt, a ticket, a ticket or another document at the time of the offence or at the time of execution The seller will transfer the goods to the buyer.
The confirmation of electronic law must contain the following information:
conditions and the order of exchange (return) of the commodity or failure of the work or service delivery;
the naming of the seller (the executive, the supplier), its location and the order of making claims about the goods, works, services;
warranty obligations and information about other services related to the holding or repair of the goods or by performing or providing services;
The order of the contract is terminated if the lines of its action are not defined.
This provision does not apply to electronic laws related to the one-time provision of information electronic services or the services of an intermediate character in the information sphere that the payments are made remotely. The provider of such services should allow the consumer to familiarize themselves with the name of the supplier, its location and the order of making claims about the services.
12. Electronic communication agreement signed in a manner defined by email. Article 12 This Act is said to be the legal consequences of the contract concluded in writing.
Each copy of an electronic document with a signature on it defined Article 12 of this Act, is the original of such a document.
13. Electronic documents (messages) associated with electronic law may be filed as evidence by the parties and other individuals involved in the judicial review of the case.
Evidence printed in electronic form and/or in the form of paper copies of electronic messages is believed to be written evidence according to Article 64 The Civil Procedure Code of Ukraine, Article 36 The Master's Code of Procedure of Ukraine and the Article 79 The Code of Administrative Procedure of Ukraine.
Article 12. Signature in e-commerce
1. If according to the act of civil law or by arrangement of the parties, the electronic law must be signed by the parties, the moment of its signing is to use:
an electronic signature or electronic digital signature according to Law of Ukraine "On electronic digital signature", provided the use of the electronic digital signature tool by all parties of the electronic law;
An electronic signature by a one-time ID defined by this Act;
Analogue of the power signature (facsimile signature of the signature by means of mechanical or other copying, another analogue of the master signature) by the consent of the parties to which the corresponding analogues of the corresponding counterparts shall contain signatures.
Article 13. Electronic commerce calculations
1. E-commerce calculations are carried out in accordance with the laws of Ukraine "On payment systems and refunds in Ukraine" , "On financial services and public regulation of financial services markets" , other laws and regulations of the National Bank of Ukraine.
Electronic commerce calculations can be carried out using payment tools, e-money, through funds or cash transfers, with requirements for cash and non-cash calculations, as well as in the other way, stipulated by the legislation of Ukraine.
Methods, lines and the order of electronic commerce calculations are defined in the electronic contract, subject to the requirements of the legislation of Ukraine.
3. The seller (performer, supplier), payment system operator or other person who received payment for the goods, work under the terms of the electronic contract must provide the buyer (customer, consumer) electronic document, receipt, a commodity or cash check, ticket, ticket or other document confirming the fact of receipt of funds, with the date of the calculation.
4. If a person who had received an offer to make an electronic contract (an ofert), for a response, did not pay in accordance with the proposed conditions, such a proposal was deemed unacceptable.
5. In accordance with the conditions specified in the proposal to make an electronic agreement, without the execution of any other conditions and/or without providing all information defined in such a proposal, it is not considered a decision to make an electronic treaty And the payment is considered to be unreliable and subject to the return of the person who committed it.
Article 14. Protection of personal data in e-commerce
1. The use of personal electronic commerce data can be carried out in the event of creating a subject of electronic commerce for the protection of such data.
Participants in e-commerce relations are required to ensure the protection of personal data became known from electronic documents (messages) during the act of electronic spelling, in order predicted. Law of Ukraine "Personal Data Protection".
2. To curb the use and extraction of personal data by parties of an electronic law to a different purpose than to commit an electronic law, unless otherwise established by law or by arrangement of the parties.
3. Registration of a physical person in the information system of electronic commerce means granting her consent to use and process her personal data and to commit other actions to be foreseen. Law of Ukraine "Personal Data Protection".
4. Identification of the person using an electronic signature determined by the Article 12 of this Act shall be carried out on each entry into the subject of the subject of electronic commerce.
In order to prevent unauthorized access to a person's account in the information and telecommunications system of electronic commerce, an additional unique set of electronic data can be used to identify such an individual. are added (join) to a special set of electronic data that was introduced (created) by such a person during registration.
Article 15. Storing electronic documents
1. If the law or treaty between the parties defines the storage lines of individual documents related to the act of electronic law, parties are required to provide archival storage of such electronic documents (messages), software, hardware-software, hardware or other tools for their storage in which they are stored and by which information it contains.
2. Lines of archival storage of electronic documents (messages), software, hardware, hardware or other tools for their storage must meet the storage of other types of archival documents defined in accordance with the legislation, but not less than the lines of the late statute.
A maintenance of electronic documents can be a host system that provides electronic document storage (messages) by ensuring their integrity and immutability through information and telecommunications systems.
The provision of electronic document storage services (messages) is a form of economic activity that is not subject to licensing and it does not need to obtain any of the legal documents.
Article 16. Send and receive an electronic document (message)
1. If the other is not provided by law or contract, the electronic document (message) is considered to be the sent subject of e-commerce when such a document (message) is passed beyond the information system of the subject or person, Authorized on his departure.
2. If the other is not provided by law or contract, the electronic document (message) is considered to be obtained by the subject of electronic commerce at the time when such a document (message) was obtained by the information and telecommunications system of the subject.
Chapter IV
RESOLVING THE DISPUTES AND RESPONSIBILITY OF E-COMMERCE
Article 17. Responsibility of the participants of the relationship in the area of e-commerce
1. The parties to the electronic offenders are responsible for the non-fulfillment of their obligations in the order specified by the law or the treaty.
2. The provider of an intermediate character in the information sphere is responsible for non-fulfillment of its obligations under the order specified by the law or the appropriate agreement for the provision of such services.
3. The service provider is responsible for ensuring the technical protection of information and the exercise of control over the order specified by legislation or an appropriate contract for the provision of such services.
Article 18. Resolving disputes between participants in e-commerce
1. The decision of disputes between participants in the sphere of e-commerce is exercised in the order defined by the legislation.
Article 19. Responsibility for violation of e-commerce legislation
1. Violations of electronic commerce legislation entails a liability established by law.
1. This Act will take effect from the day, the following day by the day of its publication.
2. To make changes to such legislative acts of Ukraine:
1) in Civil Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2003, No. 40-44, art. 356):
first part 205, after the words "written" should be supplemented by the word "(electronic)";
in Article 207 :
Paragraph 1 of the first part of the first part of the word "documents" (including electronic);
Part three after the word "mechanical" complement the word "electronic";
part two Article 639 will complement the paragraph to the other such content:
"If the parties agreed to make a treaty through information and telecommunications systems, it is considered to be put into writing";
2) paragraph seventh Part of Article 9 of the Law of Ukraine "On Accounting and Financial Reporting in Ukraine" (Verkhovna Rada of Ukraine, 1999, No. 40, art. 365) after the words "personal signature" complement the words " analogue of a cod signature or signature attached to the possessing signature according to Law of Ukraine "About Digital Signature";
3) first part Article 7 of the Law of Ukraine "On electronic documents and electronic documents" (Verkhovna Rada of Ukraine, 2003, No. 36, art. 275; 2014, No. 24, p. 885), to read:
" The original electronic document is considered an electronic copy of a document with mandatory reps, including the author ' s electronic signature or signature, attached to the vile signature according to the letter. Law of Ukraine "About Digital Signature";
4) in Laws of Ukraine "On protection of consumer rights" (Information of the Verkhovna Rada of Ukraine, 2006, No. 7, pp. 84):
part of the sixth Article 12, after the word "document", in all differences, add the words "(electronic document)" in the appropriate case;
para. 7 Part of the first article 23 after the word "products" to be supplemented by the words "or seller" (in cases defined by the Law of Ukraine "On electronic commerce") ";
5) paragraph-fourth Article 2 of the Law of Ukraine "On Protection of Personal Data" (Verkhovna Rada of Ukraine, 2010, No. 34, art. 481; 2013, No. 51, pp. 715; 2014, No. 14, pp. 252, No. 27, pp. 914) to supplement the sentence of this content: " In the sphere of electronic commerce, the consent of the subject of personal data may be given during registration in the information and telecommunications system of the subject of electronic commerce by passing the notice mark. permission to process its personal data according to the stated goal of their processing, provided that such a system does not produce any kind of capacity to process the personal data before the point is passed. "
3. The Cabinet of Ministers of Ukraine in a three-month period from the day of entry into force:
approve the licensing conditions of the failure of individual business activities regarding the implementation of goods, execution of works or provision of services subject to licensing, subject to the features associated with the remote form of failure of the Activities in the area of e-commerce;
To bring their legal and legal acts into compliance with the Act;
Provide a view and abolishment of ministries, other central executive bodies of their normative acts contrary to this Act.
