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LAW OF UKRAINE

of February 17, 2022 No. 2075-IX

About cloudy services

Article 1. Law coverage

This Law determines the legal relations arising by provision of cloudy services and establishes features of use of cloudy services by public authorities, authorities of the Autonomous Republic of Crimea, the local government bodies, military forming created according to the laws of Ukraine, the state companies, organizations and the organizations, subjects of powers of authority and other subjects which delegates such powers.

Article 2. Determination of terms

1. In this Law terms are used in such value:

the user of cloudy services - physical person or legal entity which uses cloudy services for ensuring own needs;

the supplier of cloudy services - the legal entity or physical person - the entrepreneur which provides one or more cloudy services independently or together with other suppliers of cloudy services;

the public user of cloudy services (further - the public user) - public authority, authority of the Autonomous Republic of Crimea, local government body, the state company, public institution, the state organization or other subject of powers of authority or other subject to which such powers are delegated;

technology of cloud computing - technology of ensuring remote access upon the demand of the user to cloudy infrastructure through electronic communication networks;

cloud (cloudy infrastructure) - set of dynamically distributed and adjusted cloudy resources which can be quickly provided to the user of cloudy services and also local data transmission networks are released through global;

cloudy service - service in provision of cloudy resources by means of technology of cloud computing;

cloudy resources - technical and software or other components of the information (automated) system, access to which technologies of cloud computing, including processor time (computing capacity), the place in storages of data provide, computer networks, databases and computer programs;

data-processing center - the specialized technical complex consisting from engineering (system of uninterrupted power supply, ventilation, chilling and regulation of humidity, fire safety, physical protection), information, electronic communication and hardware-software infrastructure which means provide or provision of services of storage and data processing implement, including, but without limiting: provisions of cloudy services, backup of data, data transmission, leases of communication racks, services of hosting.

2. Other terms in this Law, are used in the values given in the Civil code of Ukraine, the laws of Ukraine "About information", "About electronic confidential services", "About electronic documents and electronic document management", "About information security in information and telecommunication systems", "About standardization", "About technical regulations and assessment of conformity", "About scientific and scientific and technical examination", "About the National Bank of Ukraine", "About personal data protection", "About copyright and the related rights", "About the basic principles of ensuring cyber security of Ukraine", "About homeland security", "About electronic communications".

Article 3. Types of cloudy services

1. Cloudy services are provided to users of cloudy services on a contract basis by suppliers of cloudy services.

2. Treat cloudy services:

infrastructure as service - cloudy service which consists in provision to the user of cloudy services of computing resources, resources of storage or systems of electronic communications by means of technology of cloud computing;

platform as service - cloudy service which consists in provision to the user of cloudy services of access to infrastructure and sets of computer programs (operating systems, system computer programs, software for computer programming, control software databases) by means of technology of cloud computing;

the software as service - cloudy service which consists in provision to the user of cloudy services of access to application computer programs by means of technology of cloud computing through online service or computer programs agents;

safety as service - service in cyberprotection which is provided to the user of cloudy services with use of cloudy resources;

other services answering to determination of cloudy services.

3. Cloudy services are provided to one of the following methods:

the private cloud - cloudy infrastructure which is prepared for use by the single user of cloudy services and is controlled by it;

the collective cloud - the cloudy infrastructure divided between certain group of the interconnected users of cloudy services who have total requirements and is controlled by users of cloudy services independently or their representatives;

public cloud - cloudy infrastructure which is potentially available to uncertain circle of users of cloudy services and is controlled by the supplier of cloudy services;

hybrid cloud - cloudy infrastructure which is composition from two or more various cloudy infrastructures (private, collective or public) which are the independent objects connected among themselves by technologies which allow to transfer data or computer programs between these objects.

4. Services belong to services of data-processing center on:

to technical administration of the information (automated), electronic communication networks and information and communication systems;

to technical support of cloudy services;

to placement of the equipment in data-processing center, including provision in use of certain rooms for placement of the equipment;

to provision in use of the technical means placed in data-processing center;

to cyberprotection.

5. Each cloudy service can be provided separately and in total with other services of data-processing center.

Article 4. Use of cloudy services

1. Requirements by means of technology of cloud computing affirm as the sphere of electronic confidential services the Cabinet of Ministers of Ukraine.

2. Protection of the rights of users of cloudy services and services of data-processing center, and also the mechanism of realization of protection of these rights are regulated by this Law, the laws of Ukraine "About consumer protection" and "About electronic communication".

3. The procedure for use of technology of cloud computing and provision of cloudy services by banks, persons performing activities in the markets of financial services, state regulation and supervision of which activities is exercised by the National Bank of Ukraine, payment institutes and/or members of payment service providers, operators of services of payment infrastructure is determined by the National Bank of Ukraine according to requirements of this Law.

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