03.09.2023

On August 10, 2023, the Parliament of Ukraine adopted two draft laws on digital content and digital services.

The laws introduce the term “digital thing” and describe the peculiarities of the circulation of digital content as a type of digital thing and the peculiarities of the provision of digital services.

According to the definition in the law, a good with digital elements is a movable thing that contains digital content, or is related to its use in such a way that the absence of digital content would make it impossible for the given good to perform its main functions;

A digital thing is a good that is created and exists exclusively in a digital environment and has property value. A digital thing is virtual assets, digital content, and other goods.

A digital service is a service that enables the consumer to create, process, store, and distribute data in digital form, as well as perform any other actions with data in digital form that was created or uploaded by the consumer or other users of this service.

The Civil Code is supplemented by the definition that objects of civil rights can exist in the material world and/or the digital environment, which determines the form of objects, features of acquisition, exercise, and termination of civil rights and obligations in relation to them.

From now on, there is the opportunity to enter into agreements with digital things and be protected at the legal level in Ukraine.