In Ukraine, it is very easy not to pay for digital content today, as the law does not prohibit the production, sale, and use of illegal conditional access devices, so offenders cannot be held liable for their actions.
In Europe, digital content access services have been protected by Directive 98/84/EC since 1998. In the context of harmonization of Ukrainian laws with the European legislation, we have to meet certain criteria, in particular, resolve the issue of Ukraine’s integration into the EU internal market in the field of the digital economy. For this purpose, BRDO experts have drafted a law on the protection of certain services based on, or consisting of, conditional access.
The draft law defines mechanisms for protection against unauthorized access to digital television and radio services received by users for a fee. Simply put, the draft law prevents digital piracy and brings the Ukrainian legislation closer to the European one, as required by the EU-Ukraine Association Agreement.
The Ministry of Economy finalized the document drafted by the BRDO and divided it into two draft laws #5870 and #5871 that were registered in the Verkhovna Rada on August 27, 2021.
Why is this important?
The adoption of these draft laws will promote fair competition between providers of electronic communications services for conditional access to television and radio services, protect digital content customers who have received it lawfully, and create the environment for the development of secure services based on, or consisting of, conditional access. Moreover, it will allow the implementation of Directive 98/84/EC into Ukrainian legislation and promote Ukraine’s European integration.