What makes technology transactions in Ukraine legally complex?

Three layers of complexity operate simultaneously: Ukrainian-specific regulation that differs materially from EU and common law frameworks; the wartime legal environment — martial law procurement rules, export control obligations, and dual-use classification requirements; and Ukraineʼs active EU accession process, which is continuously reshaping digital regulation, data protection, and electronic communications law.

Can foreign companies own IP developed by Ukrainian developers?

Yes — but ownership must be deliberately structured. Under Ukrainian law, default IP ownership rules for employment and contractor relationships differ from many common law systems. Work-for-hire arrangements require explicit contractual provisions. We structure IP ownership, assignment, and licensing arrangements that are enforceable under Ukrainian law and compatible with the clientʼs international IP holding strategy.

What is BRAVE1 and how can foreign companies participate?

BRAVE1 is Ukraineʼs state defense technology cluster — a joint initiative of the Ministry of Defense, Ministry of Digital Transformation, and security services — that provides grants, procurement access, and market entry support for defense technology companies. Foreign companies can participate through Ukrainian registered entities or partnership arrangements.

What export control rules apply to technology transfers involving Ukraine?

Ukrainian export control legislation regulates dual-use items, technologies, and software under lists that broadly align with EU control lists but are not identical. Cross-border technology transfers involving dual-use components may require export licences from the State Export Control Service of Ukraine. Where US-origin or EU-origin technology is involved, US EAR and EU dual-use regulations apply in parallel.

How does Ukrainian data protection law interact with GDPR?

Ukraineʼs Law on Personal Data Protection is currently being revised as part of the EU accession process. Companies operating cross-border digital services must comply with both frameworks. Ukrainian consent requirements, data subject rights, and breach notification procedures differ from GDPR in several respects. We structure compliance programmes that satisfy both frameworks and advise on cross-border data transfer mechanisms.

Which sub-practices connect to other JVS.LAW clusters?

Digital Infrastructure Projects connects to the Aviation cluster — airport infrastructure, PPP, and structured asset finance. Technology Transfer and R&D Investment connects to the Investing in Ukraine cluster. Dual-Use Export Control connects to the Contract Structuring cluster. Data Protection connects to IT Contracts and cross-border transactions. IT Contracts connect to the International Transactions cluster.

Digital Infrastructure and Technology Transactions in Ukraine

Technology transactions in Ukraine — from IT contracts and defense tech to export control, data protection and digital infrastructure.

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The practice

Ukraine’s technology sector runs on three clocks at once: wartime urgency, reconstruction opportunity and EU integration. Each rewrites the rules — procurement under martial law, export control for dual-use items, data protection converging on GDPR. Structuring a technology deal here means knowing which clock your transaction is on.

Navigate by situation

Find your situation — go to the right practice

Contracting with a Ukrainian software supplier — development, SaaS, outsourcing. IT Contracts and Software Transactions in Ukraine Supplying the defense sector or applying to BRAVE1. Defense Tech and Military Procurement in Ukraine Dual-use technology needs classification or an export licence. Dual-Use Technologies and Export Control in Ukraine Funding Ukrainian R&D or acquiring technology. Technology Transfer and R&D Investment in Ukraine You process Ukrainian personal data. Data Protection and Digital Compliance in Ukraine Financing or building digital infrastructure. Digital Infrastructure Projects in Ukraine

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Why it's different

Why technology deals in Ukraine are different

Three regimes at once

Ukrainian regulation that differs materially from EU and common-law frameworks, martial-law procurement and export-control rules, and an EU accession process that keeps reshaping digital law. Every transaction sits under all three.

IP defaults are different

Ukrainian default IP rules for employees and contractors differ from work-for-hire systems. Ownership must be written, assigned and enforceable here — and compatible with the international holding structure.

The state is a counterparty

BRAVE1 grants, Ministry of Defense procurement, critical-infrastructure designation, PPP concessions: much of the sector has the state on the other side of the table, with its own rules of engagement.

Getting started

How we start

Conflict checkSame day.
Scoping reviewWhich regulatory frameworks apply — procurement, export control, data protection, infrastructure. 24–48 hours.
Strategy callStructure and sequencing — directly with the partner leading the technology practice.

FAQ

Common questions

What makes Ukrainian technology law complex right now?

Three layers moving at once: Ukrainian-specific regulation, the wartime environment — martial-law procurement, dual-use export control — and EU accession, which is continuously rewriting data protection and digital regulation.

Can a foreign company own IP developed in Ukraine?

Yes, if ownership is deliberately structured. Default rules for employment and contractor IP differ from common-law work-for-hire — explicit assignment provisions are what make the ownership real.

What is BRAVE1 and can foreign companies join?

Ukraine’s state defense-technology cluster — grants, procurement access and market-entry support, run jointly by the Ministry of Defense and the Ministry of Digital Transformation. Foreign companies participate through Ukrainian entities or partnership arrangements.

When does export control apply to a technology transfer?

When dual-use items, software or technology cross the border. Ukrainian control lists broadly track the EU’s, licences come from the State Export Control Service, and US EAR or EU rules can apply in parallel where the technology originates there.

Is Ukrainian data protection law the same as GDPR?

Not yet — the law is being revised as part of EU accession, and consent, data-subject rights and breach notification still differ. Cross-border services usually need a compliance programme that satisfies both frameworks.

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