7 October 2015
Legal Alert: New E-Commerce Law: De Facto Becomes De Jure in Ukraine

Ukraine aims to catch world e-commerce train, which is better later than never.

What happened?

Starting October 2015, the new Law of Ukraine on Electronic Commerce (the “E-Commerce Law”) is applied.

Though previously e-commerce operations were quite widespread in Ukraine, it were poorly addressed by the existing laws with a number of grey zones risky for both business and consumers.

All regular commercial retail sales via Internet are now covered by the E-Commerce Law.

What’s new in the E-Commerce Law?

  • The E-Commerce Law confirms already existing e-commerce practices without rather significant changes for the business.
  • For the first time in Ukraine, the E-Commerce Law confirms that the electronic agreements are legal.
  • A number of quite detailed formal requirements for e-sellers, e-agreements and e-transactions are introduced.
  • Timely payment is necessary for electronic agreement to become binding for the parties.
  • Sales, which require state licensing, are also allowed via e-commerce, though licensing conditions should be observed. 

The E-Commerce Law is also applied for the Ukrainian sales of foreign e-sellers.

What should business do?

  • It is time for business to recheck its existing e-sales approaches already applied in Ukraine to ensure it meets the requirements of the E-Commerce Law.
  • For businesses who considered entering Ukrainian e-commerce market it could be the right time to start with now more clear legal rules.