Law / Ukraine

Law on the Basic Principles of Ensuring Cybersecurity, CERT-UA Incident Notification Duty

Закон України "Про основні засади забезпечення кібербезпеки України" № 2163-VIII від 05.10.2017 (редакція від 03.04.2025, підстава -… 4070-IX), ст. 6(4)-(5), ст. 9(2)

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://zakon.rada.gov.ua/laws/show/2163-19

In force since .

A vulnerability and incident reporting rule binding public and private bodies.

Obligation class
Reporting, Security

What it requires

  • This binds the same critical-infrastructure-object owner or manager described on this jurisdiction's companion cyber-defense-and-audit row.
  • Inform CERT-UA immediately (невідкладно, without delay; the statute states no fixed hour clock) of a cybersecurity incident affecting your critical infrastructure object's communication or technological systems.NIST CSF 2.0RS.CO-02
  • Where the incident information you exchange with CERT-UA or another party contains personal data, handle that exchange under the requirements of the Law on the Protection of Personal Data.NIST CSF 2.0GV.OC-03
  • No fine or criminal penalty currently attaches to a breach of this notification duty by name: Article 12 only cross-references whatever civil, administrative or criminal liability already exists elsewhere in Ukrainian law for the underlying conduct.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST CSF 2.0
  • GV.OC-03Legal, regulatory, and contractual requirements regarding cybersecurity - including privacy and civil liberties obligations - are understood and managed
  • RS.CO-02Internal and external stakeholders are notified of incidents
CIS Controls
  • 17.2A maintained list of who to contact about a security incident, inside and outside the enterprise.
FINOS AIGF
ENISA NIS2 guidance
  • 3.1Incident handling policy
  • 3.4Event assessment and classification
  • 3.5Incident response
  • 3.6Post-incident reviews
  • 4.3Crisis management

Our reading of where this law's duties sit in each framework, and in the NIST CSF 2.0, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

CIS Critical Security Controls® (CIS Controls®) v8.1 © Center for Internet Security, Inc. Safeguard numbers are used under a CIS Controls Supporter License; the one-line descriptions beside them are our own, not CIS text.

If you get it wrong

Criminal exposureNo

Private right of actionNo

Criminal exposure note

Article 12 does not itself criminalize a failure to notify CERT-UA: it is a generic cross-reference under which a person guilty of violating legislation in the fields of national security, electronic communications or information protection, where cyberspace is the place or means of the offense, bears whatever civil, administrative or criminal liability the underlying conduct already carries under other Ukrainian legislation. No provision reviewed here creates a criminal offense specific to a failure to notify CERT-UA of a cybersecurity incident.

Who enforces it

Enforcement body

The State Service of Special Communications and Information Protection of Ukraine (Держспецзв'язку), which ensures the functioning of CERT-UA.

Settledness

zakon.rada.gov.ua and data.rada.gov.ua both return a site-wide robots.txt disallow for every crawler, so this row is pinned to an archived snapshot because the live host answers every crawler with the same disallow; a fresher snapshot or a registered official channel could resolve the first open question directly.

As of
Open questions
  • Does Law № 4336-IX, which the document's own status card records as in force from , change Article 6's CERT-UA incident-notification duty from the text pinned here?
  • Has the Cabinet of Ministers of Ukraine, CERT-UA, or the State Service of Special Communications and Information Protection of Ukraine published a specific notification clock or format narrower than the statute's own bare "without delay" standard for a critical-infrastructure owner's Article 6(4) duty to inform CERT-UA?

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The same Article 6(4) sentence that places the cyber-defense and audit duties on a critical infrastructure owner also places responsibility for immediately informing CERT-UA, Ukraine's governmental Computer Emergency Response Team, of a cybersecurity incident on the owners and/or managers of the enterprise, institution or organization the affected object belongs to.

Article 6(5) requires that an exchange of cybersecurity-incident information containing personal data comply with the Law on the Protection of Personal Data. Article 9(2) assigns operation of CERT-UA to the State Service of Special Communications and Information Protection of Ukraine.

Article 9(1) lists CERT-UA's own tasks, including maintaining the state register of cyber incidents and giving practical assistance to an owner of a cyber-defense object on preventing, detecting and remedying a cyber incident's consequences. The statute sets no fixed numeric notification clock: it requires the owner or manager to inform CERT-UA "невідкладно" (immediately, without delay), rather than within a stated number of hours.

Article 12 does not set its own fine or custodial penalty for a breach of this notification duty: it is the same generic cross-reference described on this jurisdiction's companion cyber-defense-and-audit row.

When LexLint raises it

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