New E-Commerce Law: De Facto Becomes De Jure in Ukraine
Egorov Puginsky Afanasiev & Partners,
Kyiv, Ukraine, Tue, Oct 20, 2015
Ukraine aims to catch world e-commerce train, which isbetter later than never.
Starting October 2015, the new Law of Ukraine on ElectronicCommerce (the “E-Commerce Law”) is applied.
Though previously e-commerce operations were quitewidespread in Ukraine, it were poorly addressed by the existing laws with anumber of grey zones risky for both business and consumers.
All regular commercial retail sales via Internet arenow covered by the E-Commerce Law.
What’s new in the E-Commerce Law?
The E-Commerce Lawconfirms already existing e-commerce practices without rather significantchanges for the business.
For the first time inUkraine, the E-Commerce Law confirms that the electronic agreements are legal.
A number of quitedetailed formal requirements for e-sellers, e-agreements and e-transactions areintroduced.
Timely payment isnecessary for electronic agreement to become binding for the parties.
Sales, which requirestate licensing, are also allowed via e-commerce, though licensing conditionsshould be observed.
The E-Commerce Law is also applied for the Ukrainiansales of foreign e-sellers.
What should business do?
It is time for businessto recheck its existing e-sales approaches already applied in Ukraine to ensureit meets the requirements of the E-Commerce Law.
For businesses whoconsidered entering Ukrainian e-commerce market it could be the right time tostart with now more clear legal rules.
EgorovPuginsky Afanasiev & Partners Ukraine (EPAP Ukraine) is one of the leadingfull-service law firm in Ukraine, advising leading global and local businessesin Ukraine, throughout the CIS and worldwide.
In 2014, thefirm has been recognized as a leader of the European market according to TheLawyer European Awards 2014: European Law Firm of the Year and EuropeanCorporate Team of the Year.
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