About E-Commerce

Original Language Title: Про електронну комерцію

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Law on electronic commerce establishes the organizational and legal framework for activities in the field of e-commerce in Ukraine, establishes the procedure for committing electronic transactions with the use of information and telecommunication systems and specifies the rights and obligations of the participants of the relations in the field of e-commerce.

Section I-GENERAL PRINCIPLES of FUNCTIONING of E-COMMERCE in Ukraine article 1. Scope of application of this law 1. This law regulates legal relations in the field of e-commerce while committing electronic transactions.

2. The action of this law does not apply to transactions: the law established a special procedure for transfer of ownership or the subject of transaction objects removed from the civil turnover or limited civil circulation in accordance with the legislation;

one of the sides there is a physical person who is not registered as an individual entrepreneur and sells or offers for sale goods, performed work, provides the services with the use of information and telecommunication systems, except when the parties expressly agreed on the application of the provisions of this Law to the transaction;

party to the transaction is the body of State authority or local government authority in the performance of the functions of State or local governments or to deal day by in accordance with the law of Ukraine "on public procurements";

deal is subject to the notary or the State of registration in accordance with the legislation;

committing transaction regulates family relations;

deal applies to gambling, including the wager, gambling and other gambling, lotteries, except not money lotteries in accordance with the law of Ukraine "About charity and charitable organizations" and lotteries, determined by the law of Ukraine "about advertising";

the implementation of obligations provided by the person who has signed the contract of guarantee or other form of financial security, provided that such person acting for purposes that go beyond its business activities or independent professional activity.

3. If one of the parties to an electronic transaction is the alien, stateless or foreign legal entity, the provisions of this Act apply with regard to the provisions of the law on private international law. "

4. the Provisions of this Act apply to the activities of foreign subjects of e-commerce in part implementation of goods, performed works, provision of services to the buyers (customers, consumers) on the territory of Ukraine.

Article 2. Legislation in the field of e-commerce 1. Legislation in the field of e-commerce is based on the Constitution and consists of the civil and commercial codes of Ukraine, laws of Ukraine "on protection of consumer rights", "on advertising", "on electronic documents and electronic documents circulation", "on information security in information and telecommunication systems", "telecommunications", "on electronic digital signature", "on payment systems and funds transfers in Ukraine", "on financial services and State regulation of financial services markets" "On the protection of personal data", international agreements of Ukraine, consent to be bound by the Verkhovna Rada of Ukraine, this law and other legislative acts adopted in accordance with them.

2. the procedure for the provision of banking services, the release and circulation of electronic money, transfer funds are not subject to legal regulation of this law and is governed by a special law. It offers remote systems maintenance, issuance and circulation of electronic money, insurance and other services, for which there is no special legislation, this Act applies only to the extent of deeds committed in electronic form, which does not contradict the special legislation governing the implementation of remote maintenance, release and circulation of electronic money, insurance, in particular, the laws of Ukraine "on electronic documents and electronic documents circulation", "on electronic digital signature" "On payment systems and funds transfers in Ukraine", "on financial services and State regulation of financial services markets", "on banks and banking" and "insurance".

3. If an international treaty of Ukraine, consent to be bound by any given the Verkhovna Rada of Ukraine, the other rules than those stipulated in this law, the rules of the international treaty.

Article 3. Definition of terms 1. In this law the following terms are used in the following meaning: 1) e-commerce-relationships, focus on profit, which may arise during the committing of transactions concerning the acquisition, change or termination of civil rights and responsibilities performed remotely using information and telecommunication systems, result in participants of such relations are having the rights and obligations of property;

2) ecommerce business activities in the field of e-purchase, sale of goods, the remote method to the buyer by committing electronic transactions using information and telecommunication systems;

3) e-form presentation of information – a way of documenting information, which means the creation, recording, transmission or storage of information in a digital or other intangible form by electronic, magnetic, electromagnetic, optical or other means capable of reproduction, transmission or storage of information. Electronic form of presentation of information is considered to be documenting information that allows her to play in a Visual form suitable for the perception of the person;

4) email-the information provided in electronic form, provided the participant relationships in the field of e-commerce with the use of information and telecommunication systems;

5) e-contract-an agreement of two or more parties, aimed at the establishment, change or termination of civil rights and obligations, and framed in electronic form;

6) electronic signature of one-time ID data in electronic form in the form of alpha-numeric sequence that are added to other electronic data, the person who took the offer (offer) conclude the e-contract, and sent to the other side of this agreement;

7) electronic deal-action person focused on the acquisition, change or termination of civil rights and responsibilities, carried out with the use of information and telecommunication systems;

8) online store-a means for representing or implementing the goods, works or services by committing electronic transaction;

9) information electronic services-paid or free services for processing and storage of information provided by remotely using information and telecommunication systems on an individual request their recipient;

10) commercial email-an email in any form, the purpose of which is the direct or indirect promotion of goods, works or services or business reputation of a person who conducts business or independent professional activity.

The commercial electronic message is not: the information, which provides direct access to the activity of the person, the domain name or e-mail address;

notice of goods, works or services or business reputation of a person is not for their promotion;

11) network identifier-an individual set of numbers and/or characters assigned end equipment party relations in the field of e-commerce in the information and telecommunications network;

12) nonce-alpha-numeric sequence that gets a person who accepted the offer (offer) conclude the e-agreement by registering in the information and telecommunications system of the subject of e-commerce that provided such a proposal. Nonce may be the subject of electronic commerce, which offers to conclude a contract, the other side of e-transaction means of communication specified during the registration in the system, and added (joins) to an e-mail message from the person who took the offer to conclude the contract;

13) service interim in nature in the information sphere-service transfer and/or storage of information and assigning network IDs.

If the service is provided to the person who is the initiator of information transfer, can influence the choice of recipient information or may change the content of the information transmitted, this service is not a service of the intermediate character in the information sphere;

14) implementation of product remote way-the conclusion of an electronic contract, on the basis of the buyer's acquaintance with the description of the goods given by the seller in the manner prescribed by this law, by providing access to catalogues, brochures, booklets, photographs and so on using information and telecommunication systems, television, e-mail, radìozv'âzkom, or in another way, which excludes the possibility of direct acquaintance of the buyer of the goods or samples of the goods at the time of the conclusion of such a contract;

15) e-commerce subject-the entity of any organizational-legal form that implements, executes works, provides the services with the use of information and telecommunication systems, or the person who purchases, orders, uses the specified goods, works, services by committing to an electronic transaction.

2. The term "electronic signature" is used in this sense, the law of Ukraine "on electronic digital signature".

3. The term "electronic document" is used in this sense, the law of Ukraine "on electronic documents and electronic document management.

Article 4. Information electronic services 1. Information electronic services are considered to be services on: dissemination of advertising;

creating opportunities to find information and access to it;

the transmission and storage of information;

information on the orders of another person;

transfer information upon request of the person or the sending of commercial electronic messages;

commit to other actions in the field of e-commerce.

2. To information e-services do not include services, if they provide:
carried out without the use of information and telecommunication systems;

the technology requires the immediate presence of the customer or the supplier of services, including services provided using electronic devices (medical consultation with a patient, the audit activities of the entity, etc.);

provides for the simultaneous transmission of information to undetermined people (television broadcasting, radio broadcasting, etc).

Article 5. The basic principles of legal regulation in the field of e-commerce 1. The basic principles in the field of electronic commerce are: the freedom of conducting business activities with the use of information and telecommunication systems;

freedom of choice of the contractor, electronic means, types and forms of activity;

freedom of competition and ensure its integrity;

the freedom of committing electronic transactions;

equality and protection of the rights of the participants of the relations in the field of electronic commerce;

compliance, the rules of professional ethics, respect for rights, freedoms, and legal interests of relations in the field of electronic commerce;

ensure proper quality of goods, works and services implemented in the field of electronic commerce;

the uniformity of the legal force of electronic transactions and transactions concluded in another, contemplated by the legislation;

access to information all participants of relations in the field of electronic commerce;

the availability of commercial electronic messages, and limiting their intake.

2. Limiting the rights and freedoms of members of relations in the field of e-commerce may be installed exclusively by law.

3. Deal may not be invalidated due to his conduct in electronic form, unless otherwise provided by law.

4. If the proceedings of the distribution of certain goods, performance of works or provision of services by the law provided for mandatory licensing or regulatory document, the subject of e-commerce can make implementation of such goods, works, services exclusively from the receipt of the license or permission to conduct the appropriate activity.

Chapter II PARTICIPANTS of RELATIONS in the field of E-COMMERCE article 6. The participants of the relations in the field of e-commerce 1. The participants of the relations in the field of e-commerce are the subjects of the e-commerce service providers, intermediate character in the information sphere, bodies of State power and bodies of local self-government in the execution of the functions of State or local governments.

2. the nature of the intermediate service providers in the information sphere is operators (ISPs), telecommunications, operators of services payment infrastructure, recorders (Admins), which is the network IDs, and other actors to ensure the transmission and storage of information on the use of information and telecommunication systems.

3. Participants of the relations in the field of e-commerce can develop rules of professional ethics in this field. These rules can be used during the Commission of electronic transactions, preparation of constituent and other documents.

Article 7. The legal status of the seller (executor, the provider) of goods, works, services in e-commerce 1. The seller (executor, the provider) of goods, works, services in e-commerce during its activities and in the case of the spread of commercial electronic messages must provide a direct, simple, stable access to other members of the relations in the field of e-commerce to the following information: full name of the legal person or the surname, name, patronymic of the physical person-entrepreneur;

the location of the legal person or place of registration and place of residence of an individual entrepreneur;

e-mail address and/or e-mail address online store;

identification code of the legal person or the registration number of the accounting of the taxpayer's card for physical person-entrepreneur or series and number of passport for physical person-entrepreneur who through their religious beliefs refuses from acceptance of the registration number of the accounting of the taxpayer's card and officially announced it the appropriate body of the State tax service and has a mark in your Passport;

information about the license of (series, number, validity and issue date), if economic activity subject to licensing;

regarding the inclusion of taxes in the calculation of the cost of the goods, work, services and, in the case of delivery of goods, information about the cost of delivery;

other information, in accordance with the legislation shall be disclosed.

2. The seller (executor, supplier) while committing an e-transaction shall ensure full compliance with the subject of electronic contract, agreed by the parties, the quantitative and qualitative characteristics.

3. If the seller (executor, provider) offers the other side of the electronic Agreement provide him information about payment instruments to pay for the cost of the goods, works, services, he is obliged to ensure the protection of such information in accordance with the laws of Ukraine "on the protection of information in information and telecommunication systems and Of payment systems and money transfer in Ukraine.

4. The seller (executor, supplier) has the right to demand from the other party only the following information, without which the conclusion and fulfilment of obligations under the electronic agreement.

Article 8. Legal status of the buyer (customer customer) of goods, works, services in the field of e-commerce 1. The rights and obligations of the buyer (customer customer) of goods, works, services in the field of e-commerce are determined by the legislation of Ukraine, in particular by the law of Ukraine "on protection of consumer rights".

Buyer (customer customer) of goods, works, services in the field of e-commerce in terms of their rights and duties equivalent to the consumer in the event of a contract outside the commercial or office space, and in the case of a contract at a distance in accordance with the law of Ukraine "on protection of consumer rights".

2. buyer (customer customer) of goods, works, services in the field of e-commerce that takes (accepts) the offer of the other party concerning the conclusion of an electronic contract, is obliged to report the information required for its conclusion.

3. in case of payment of the cost of the goods, works, services with the use of payment instruments, such a person has the right to report information that allow you to secure payment of the respective operator of the payment systems, which is responsible for their conservation and use in the manner prescribed by law.

4. An individual should provide the information necessary for the Commission of an electronic transaction, creation of an electronic signature, the identification of the subject's information system in e-commerce by introducing the (creation) face a special set of electronic data, and commit other acts in such a system.

5. In cases stipulated by the contract, the buyer (customer customer) must inform the address of delivery of goods, performance of work or provision of services.

6. List of information necessary for the Commission of an electronic transaction, determined by legislation or by agreement of the parties.

Article 9. Legal status of the provider of the intermediate nature in the field of e-commerce 1. The parties to an electronic transaction may use the services of providers of services of intermediate character in the information sphere.

2. rights and obligations of the provider of the intermediate character in the information sphere are determined by the contract for the provision of such services, the civil and Commercial codes of Ukraine, the provisions of this law and the legislation on telecommunications.

3. provide access to the Internet and other information and telecommunications systems is a separate pravočinom or electronic pravočinom between a party to such transaction and the provider of the intermediate character in the information sphere.

4. Service Provider intermediate character in the information sphere is not a party to an electronic transaction, the subject of which advocate the goods, works or services, other than services of intermediate character in the information sphere (registration of domain names or IP addresses, assigning other network IDs, fixing time sending/receipt of electronic messages, providing access to the Internet and other information and telecommunication systems, etc.), and is not responsible for the content of the transmitted or received information and for damages sustained as a result of the use of the results of such services, provided that it is not initiated the transmission of such information, it is not the recipient chooses and can not change its content.

5. If the service provider intermediate character in the information sphere is the initiator of information transfer, elects its recipient and can change its content, it is obliged to provide a direct, simple, stable access to other members of the relations in the field of e-commerce to the following information: full name of the legal person or the surname, name, patronymic of the physical person-entrepreneur;

the location of the legal person or place of registration and place of residence of an individual entrepreneur;

e-mail address;

the identification code of the legal person or the registration number of the registration cards of the taxpayer natural person-entrepreneur or series and number of passport for physical person-entrepreneur who through their religious beliefs refuses from acceptance of the registration number of the accounting of the taxpayer's card and officially announced it the appropriate body of the State tax service and has a mark in your Passport;

information about the license of (series, number, validity term and date of issue);

other information, in accordance with the legislation shall be disclosed.

If the provider of the intermediate character in the information sphere says the cost of such services, he is obliged to inform the inclusion of taxes in the calculation of their value.

Chapter III PROCEDURE for COMMITTING ELECTRONIC TRANSACTIONS Article 10. The spread of commercial electronic messages in the field of e-commerce 1. Electronic transactions are entered into on the basis of relevant proposals (ofert).
Informing potential buyers (customers, consumers) for goods, works, services is carried out in accordance with the law of Ukraine "about advertising" and can be made by sending commercial electronic messages.

2. Commercial electronic messages apply only on the basis of consent to receiving such messages by a person, where such messages are addressed.

3. Commercial email may be sent to a person without her consent only if it can refuse further receiving such messages.

4. Commercial email must meet the following requirements: commercial electronic message must clearly identify with him as such;

the person on behalf of whom you send commercial electronic messages, is obliged to provide a direct, easy access of persons to whom it is addressed, the information specified in article 7 of this law;

commercial electronic messages about discounts, bonuses, incentive gifts, etc. are clearly with him as such, and the conditions of their provision must be available and be taught in a way that prevents the double-digit understanding, as well as meet the requirements of the legislation on advertising;

information about the cost of the goods, works, services should contain information about the inclusion of taxes in its calculation and, in the case of delivery of goods, information about the cost of delivery.

5. the face of commercial electronic messages without her consent may not be the reason for the increase in the value of the granted services intermediate character in the information sphere.

Article 11. The procedure for the conclusion of an electronic contract 1. Offer to make an electronic contract (offer) should contain the essential conditions, stipulated by the legislation for the relevant treaty, and express the intention of the person who did it, to be bound in case of acceptance.

2. electronic contract, except the Civil Code of Ukraine, the essential conditions for the appropriate type of contract may contain information about: technology (order) the conclusion of the contract;

the order of creation and the blending of electronic signatures of the parties to the Treaty;

the possibility of and procedure for amendments to the conditions of the contract;

the method and procedure for the adoption of the proposal to conclude an e-contract (the acceptance);

the procedure for the exchange of electronic messages and information between the parties during the execution of contractual obligations;

technical means of the identification of the parties;

the procedure for amending the mistake sent the acceptance of offer to conclude an e-contract (the acceptance);

links to terms that are included in the contract, by forwarding (sending) to another electronic document and order access to the document;

a way of storing and presenting electronic documents, messages, and other information in electronic form and the conditions of access to them;

the conditions of production and of obtaining paper copies of electronic documents;

the choice of language used during the conclusion and execution of the contract;

other information.

3. An electronic contract is concluded by offering his sign (put option) one party and its adoption (acceptance) the other party.

An electronic contract is considered concluded from the moment of receipt the person who forwarded the proposal to conclude such a treaty, the answers about the adoption of this proposal in the manner prescribed by the sixth part of this article.

4. Offer to make an electronic contract (offer) can be made by sending commercial electronic messages, posting suggestions (put option) the Internet and other information and telecommunication systems.

5. Offer to make an electronic contract (offer) may include terms that are contained in another electronic document, by forwarding (sending).

Person is an offer to make an electronic contract (offer), has granted unimpeded access to electronic documents that include the terms of the contract, by forwarding (sending).

Inclusion in the electronic contract conditions that are contained in another electronic document, by forwarding (sending) to such a document, if the parties to an electronic contract had an opportunity to familiarize yourself with it, cannot be the basis for recognition of the agreement void.

6. the Response of the person, which is an offer to make an electronic agreement, about her adoption (acceptance) can be provided by: sending an e-mail message to the person who made the offer to conclude the e-agreement, signed in the manner prescribed by article 12 of this law;

fill out our secure application (Forms) about making such a proposal in electronic form, signed in the manner prescribed by article 12 of this law;

actions that are considered the adoption of the proposal to conclude an electronic agreement, if such actions are clearly explained in the information system, which is such a proposal, and these explanations are logically related.

7. electronic contract is concluded and executed in the manner prescribed by the civil and Commercial codes of Ukraine, as well as other laws.

Offer to make an electronic contract (offer) or an electronic contract must contain information on the possibility of receiving party such a proposal or contract in a way that makes the change of content.

If the buyer (the consumer customer ") enters into an electronic agreement by placing an order with the help of information and telecommunication systems, the seller (executor, supplier) must promptly confirm the receipt of this order.

Order or confirmation of order is deemed received at the time when the electronic side of the contract gained access to it.

8. In case of the conclusion of an electronic contract is going on in the information and telecommunications system of the subject of electronic commerce, for the adoption of the proposal to conclude such a treaty a person has with him in such a system and to give an answer about making suggestions (acceptance) in the manner prescribed by the sixth part of this article.

This document is issued in any form and should contain the essential conditions, stipulated by the legislation for the relevant contract.

Information system the subject of electronic commerce, which offers the lay electronic contract should include the technical possibility to the person addressed this proposal to modify the content of the information provided to the moment of the adoption of the proposal.

9. Place the conclusion of an electronic contract is the location of the legal person or the place of residence of the individual who is the seller (executor, supplier) of goods, works, services.

10. Time of performance of the seller's obligation to transfer to the buyer the goods determined in accordance with the provisions of the Civil Code of Ukraine on purchase-sale, unless otherwise provided for in this law.

If the subject of electronic contract is to provide services in the field of electronic commerce, the duty of the supplier before the consumer is considered to be made at the time when the given service provider matches the properties specified in the agreement or legislation.

If the subject of electronic contract execution of works in the field of e-commerce, the duty of the artist before the customer is considered to be made at the time when the result of the work performed meets the requirements established by the agreement or by law.

Electronic contract may be defined another moment of fulfillment of obligations between the parties.

11. buyer (customer customer) must receive confirmation of committing electronic transaction in the form of an electronic document, receipts, cash or cash the cheque, ticket, coupon, or other document at the moment of committing the transaction or at the time of performance of the seller's obligation to transfer to the buyer.

Confirmation of committing electronic transaction must contain the following information: the conditions and procedure for the exchange of (return of the) product or failure of performance of work or provision of services;

the name of the seller (executor, supplier), its location and the procedure for making a claim for goods, works, services;

warranty and information on other services related to maintaining or repairing the goods or the performance of work or provision of services;

the procedure for termination of the contract if the period of its validity.

The action of this provision does not apply to electronic transactions related to the one-time provision of electronic information services or the services of an intermediate nature in the information sphere, the payment of which is remotely. Provider of such services shall provide to the consumer to become familiar with the provider's name, its location, and the procedure for making a claim for services.

12. the E-Agreement concluded by an exchange of electronic messages, signed in the manner prescribed by article 12 of this law, is considered so that the legal consequences is equivalent to a contract concluded in writing.

Each instance of an electronic document with the overlay to it the signature defined in article 12 of this law, is the original of such a document.

13. Electronic documents (message) relating to electronic pravočinom can be submitted as evidence by the parties and other persons who participate in court proceedings.

The evidence submitted in electronic form and/or in the form of paper copies of your electronic messages are treated as written evidence in accordance with article 64 of the civil procedural code of Ukraine, article 36 commercial procedural code of Ukraine and article 79 of the code of administrative procedure of Ukraine.

Article 12. Signature in the field of e-commerce 1. If in accordance with the Act of civil legislation or by agreement of the parties to the electronic deal must be signed by the parties, the moment of its signing is the use of: electronic signature or electronic signature in accordance with the law on electronic signature, provided using electronic digital signatures of all the parties to an electronic transaction;

electronic signature of one-time ID specified in this law;
an analogue of a handwritten signature (facsimile reproduction signature by means of mechanical or other copying, another analogue of a handwritten signature) with the written consent of the parties, which should contain samples of appropriate analogues of vlasnoručnih signatures.

Article 13. Calculations in the field of e-commerce 1. Calculations in the field of e-commerce are carried out in accordance with the laws of Ukraine "on payment systems and funds transfers in Ukraine", "on financial services and State regulation of financial services markets", other laws and legal acts of the National Bank of Ukraine.

Calculations in the field of e-commerce can be carried out with the use of payment instruments, electronic money through money transfer or cash payment in compliance with the requirements of the legislation on registration of cash and non-cash settlements, as well as in other ways provided for legislation.

2. Methods, terms and procedure of calculations in the field of e-commerce are determined in an agreement taking into account the requirements of the legislation.

3. The seller (executor, supplier), payment system operator or other person who receives payment for goods, work, service according to the terms of an electronic contract must give the buyer (customer customer) electronic document, a receipt, a trade or cash your check, ticket, card or other document confirming receipt of funds, indicating the date of calculation.

4. If a person who has received an offer to conclude an e-contract (offer), during the period for reply is not made a payment in accordance with the conditions specified in the offer, the offer is considered to be neprijnâtoû.

5. Make payment according to the conditions specified in the offer to conclude the e-agreement, without any other conditions and/or without providing all the information set out in this proposal is the adoption of the proposal to conclude an e-contract (the acceptance), and the payment is considered to be improper and shall be returned to the person who produced it.

Article 14. Protection of personal data in the area of e-commerce 1. Use of personal data in the area of e-commerce can be carried out when the subject of e-commerce terms and conditions for the protection of such data.

The participants of the relations in the field of e-commerce are obliged to ensure the protection of personal data which become known to them with electronic documents (messages) while committing electronic transactions in the manner prescribed by the law of Ukraine "on the protection of personal data".

2. It is forbidden to use and reclamation of the personal data of the parties to an electronic transaction for purposes other than committing electronic transaction, unless otherwise provided by law or by agreement of the parties.

3. registration of the physical person in the information system of the subject of e-commerce means giving her consent to the use and processing of personal data and the Commission of other acts prescribed by the law of Ukraine "on the protection of personal data".

4. Identification of persons by means of an electronic signature as defined in article 12 of this law, shall be carried out each time the entrance to the information system of the subject of electronic commerce.

In order to prevent unauthorized access to the account of the person in the information and telecommunications system of the subject of e-commerce for the identification of such person may be used an additional unique set of electronic data that is added (attached) to the special set of electronic data, which was introduced (created by) the person at the time of registration.

Article 15. The storage of electronic documents 1. If the law or the contract between the parties defined the term of storage of documents related to the conduct of electronic transaction, the parties are obliged to provide file storage of such electronic documents (posts), software, hardware and software, hardware, or other means to store them, in which they are stored, and you can display the information that they contain.

2. Terms of archive storage of electronic documents (posts), software, hardware and software, hardware or other means for storage should meet the tread store other kinds of archival documents, defined in accordance with the law, but not less than the period of the Statute of limitations.

3. The keeper of the electronic documents can be the entity that provides services to store electronic documents (posts) by ensuring their integrity and immutability using information and telecommunication systems.

Provision of services of storing electronic documents (message) is a kind of economic activity that are not subject to licensing and does not require the receipt of any permissive nature.

Article 16. Time of sending and receipt of the electronic document (message) 1. Unless otherwise provided by law or contract, electronic document (message) is sent by the subject of e-commerce at a time when such a document (message) passed outside the information system of the subject or a person authorized on his departure.

2. Unless otherwise provided by law or contract, electronic document (message) is considered the subject of e-commerce at a time when such a document (message) obtained information-telecommunication system of the subject.

Section IV DISPUTE RESOLUTION and RESPONSIBILITY in the field of E-COMMERCE article 17. Liability of relations in the field of e-commerce 1. Parties to electronic transactions is responsible for failure to fulfill its obligations in the manner prescribed by the law or the contract.

2. Service Provider intermediate character in the information sphere is responsible for failure to fulfill its obligations in the manner prescribed by the law or the relevant contract for the provision of such services.

3. Service Provider intermediate nature is responsible for providing technical information protection and control it in the manner prescribed by the law or the relevant contract for the provision of such services.

Article 18. Settlement of disputes between members of relations in the field of e-commerce 1. Settlement of disputes between members of relations in the field of e-commerce is carried out in the manner prescribed by the legislation.

Article 19. Responsibility for violation of legislation in the field of e-commerce 1. Violations of legislation in the field of e-commerce entails the responsibility established by law.

Chapter V FINAL PROVISIONS 1. This Act shall take effect from the day following the day of its publication.

2. Make changes to the following legislative acts of Ukraine: 1) in the Civil Code of Ukraine (the Supreme Council of Ukraine, 2003, no. 40-44, art. 356): the first part of article 205 after the word "writing" add "(e)";

Article 207: first paragraph of part one after the word "documents" add the words "(including electronic);

part of the third after the word "mechanical" add the word "electronic";

the second part of article 639 to supplement paragraph second such content: "If the parties agreed to conclude a treaty by means of information and telecommunication systems, it is concluded in writing;

2) paragraph seventh part two article 9 of the law of Ukraine "on accounting and financial reporting in Ukraine" (Supreme Council of Ukraine, 1999, no. 40, 365) after the words "signature" add the words "equivalent of a handwritten signature, or signature, with the handwritten signature in accordance with the law on electronic digital signature";

3) the first part of article 7 of the law of Ukraine "on electronic documents and electronic documents circulation" (Supreme Council of Ukraine, 2003, no. 36, 275; 2014, no. 24, item 885) lay in the following wording: "the original electronic document is considered to be an electronic copy of the document with the required details, including an electronic signature, or byline equivilent to a handwritten signature in accordance with the law on electronic digital signature";

4) in the law of Ukraine "on protection of consumer rights" (Supreme Council of Ukraine, 2006, no. 7, item 84): part of the sixth article 12 after the word "document" in all cases the supplement "(electronic paper)" in the relevant case;

paragraph 7 of article 23, after the word "products" add the words "or of the seller (in the cases determined by the law of Ukraine" on electronic commerce ");

5) paragraph four of article 2 of the law of Ukraine "on the protection of personal data" (Supreme Council of Ukraine, 2010, no. 34, article 481; 2013, no. 51, 715; 2014, no. 14, item 252, no. 27, 914) supplemented with the sentence the following text: "in the field of e-commerce, the consent of the subject of personal data can be given during registration in the information and telecommunications system of the subject of e-commerce by the affixing of a mark about permission to process your personal data in accordance with the framework of the purpose of their processing provided that such a system creates possibilities for processing personal data until the moment of affixing the mark. "

3. the Cabinet of Ministers of Ukraine in the MIT of the enactment of this law: to approve the license conditions of certain types of economic activities regarding the implementation of goods, performance of works or provision of services, subject to licensing, with the features associated with distance form of conducting such activities in the field of electronic commerce;

to bring their regulations into conformity with this Act;

ensure the review and cancellation by the ministries, other central executive bodies their legal acts that contradict this law.

The President of Ukraine p. POROSHENKO Kyiv September 3 2015 # 675-VIII

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