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LAW OF UKRAINE

of August 10, 2023 No. 3321-IX

About digital content and digital services

Section I. General provisions

Article 1. Sphere of regulation of this Law

1. This Law governs the relations between the contractor and the consumer concerning provision of digital content and/or digital service.

2. Operation of this Law extends also on:

The relations in which the contractor based on the agreement provides or shall provide digital content and/or digital service to the consumer and the consumer provides 1) or shall provide the personal data, except cases if their provision is necessary only for receipt of digital content and/or digital service, without intention of further use of personal data for achievement of any other purposes;

2) the relations in which digital content and/or digital services are developed according to the specification of the consumer;

3) the relations in which the contractor based on the agreement provides or shall provide the digital content on the material carrier used only for storage of such digital content.

3. Action of provisions of the Law of Ukraine "About consumer protection" extends to the subjects determined by this Law regarding the relations which are not settled by this Law.

4. Operation of this Law does not extend to regulation of the relations in the relation:

1) provision of digital content and/or the digital services which are part of goods with digital elements or interconnected with such goods and provided together with them according to the purchase and sale agreement irrespective of, provision of digital content and/or digital service by the seller of such goods or the third party is performed. Digital content and/or digital service are considered provided as a part of goods with digital elements or are interconnected with such goods if other is directly not specified in the purchase and sale agreement of such goods and also if the goods can be used for purpose and without the corresponding digital content and/or digital service, on condition of the conclusion by the consumer of the separate agreement on provision of such digital content and/or digital service which is not part of the purchase and sale agreement of goods with digital elements;

2) provision of services, except digital services in which electronic data representation form is used by the contractor only as the transmission medium of results of provision of such services and/or other data to the consumer;

3) provision of electronic communication services in understanding of the Law of Ukraine "About electronic communications", except services of interpersonal electronic communication without numbering use;

4) provision of medical services;

5) provision of financial services;

6) provision of services in the field of gamblings by means of online systems and based on individual request of the receiver of such services;

7) transfers by the contractor of the software or provision by the contractor of access to the software based on the free public license with open source code if the personal data provided by the consumer are used by the contractor only for the purpose of enhancement of reliability, compatibility and interoperability of such software;

8) delivery of digital content to the unrestricted group of people, except cases of transfer of digital content which is part of performance or display of certain event, means of alarm broadcasting;

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