IT & Data Protection – Bonum Aequum Ars Jus

Software developers walking on the edge of liability

Sentence of the Odessa Court of Appeals, dated February 24, 2021, case No. 522/8715/13-к. Available at https://reyestr.court.gov.ua/Review/95098145 (a pending cassation appeal) In 2011, a Ukrainian company and Norwegian company 1 signed a website development agreement for another company, Norwegian company 2, according to which the Ukrainian company undertook to develop the above-mentioned website and further…

Harmful speech. Limitation of the freedom of offline and online speech in Ukraine

Resolution of the Supreme Court, dated May 20, 2019, case No. 591/7099/16-ц. Available at https://reyestr.court.gov.ua/Review/82119183 The Supreme Court upheld the judgment of the Court of Appeals. The Court of Appeals ruled that the question of the defendant “Are you stupid?” was not false information and a value judgment, but it was a subjective opinion of…

Identity theft; virtual property theft

Sentence of the Rivne City Court of the Rivne Region, dated September 13, 2019, case No. 569/12334/19. Available at http://www.reyestr.court.gov.ua/Review/84251500 The Court… found: On July 25, 2018, the exact time was not ascertained by the pre-trial investigation, the accused person being at his place of residence [the address is hidden], for the purpose of unauthorized interference…

Confidential information and personal data

Ruling of the Higher Specialized Court of Ukraine for Civil and Criminal Cases, dated July 27, 2016, case No. 760/9778/15-ц. Available at http://www.reyestr.court.gov.ua/Review/59288070 The plaintiff was in the Main Military Clinical Hospital recovering after being wounded during the anti-terrorist operation. The co-defendant spoke with the plaintiff on October 13, 2014, while the latter was in…

Non-compete agreements (NCA) in Ukraine

Judgement of the Dnipropetrovsk Region Court of Appeals, dated August 18, 2014, case No. 191/215/14-ц. Available at http://www.reyestr.court.gov.ua/Review/40234833 The plaintiff (a legal entity) and the defendant concluded an employment agreement under which the defendant was employed as a sales manager. The provisions of the employment contract prohibiting the defendant within three years after termination or…

Access to classified information and corporate governance

Resolution of the Higher Commercial Court of Ukraine, dated March 21, 2017, case No. 910/12345/16. Available at http://reyestr.court.gov.ua/Review/65508205 The lower courts ascertained that the plaintiff owns shares of PJSC SIC “Borshchahivskiy Chemical Pharmaceutical Plant”. The total amount of the shares is equal to 29,9488 % of the registered capital of PJSC SIC “Borshchahivskiy Chemical Pharmaceutical Plant”. On…