Digital Infrastructure and Technology Transactions in Ukraine
Ukraineʼs technology sector operates at the intersection of wartime urgency, post-war reconstruction opportunity, and accelerating EU integration — making it one of the most legally complex environments for digital and technology transactions globally. From defense tech procurement and dual-use export control to IT contract structuring, R&D investment, digital infrastructure projects, and data protection compliance, the legal framework is evolving rapidly and requires counsel that understands both international standards and Ukrainian regulatory reality.
We advise international technology companies, defense industry suppliers, investors, and development institutions on the full spectrum of digital and technology legal matters in Ukraine — operating as Ukrainian local counsel within international transaction structures and as lead counsel for Ukraine-facing mandates.
Legal and regulatory framework
Technology transactions in Ukraine are governed by a layered framework: the Civil Code for contracts and IP; the Law on Electronic Commerce and the Law on Electronic Trust Services for digital transactions; sector-specific legislation for defense procurement and critical infrastructure; and an expanding body of EU-aligned digital regulation under the Association Agreement and accession roadmap.
The wartime legal environment has introduced additional regulatory dimensions: martial-law procurement rules, export-control obligations for dual-use technologies, and new state support mechanisms for defense technology through programs such as BRAVE1. At the same time, Ukraineʼs integration trajectory toward the EU Digital Single Market is reshaping data protection, cybersecurity, and electronic communications regulation — with direct implications for how technology transactions must be structured today.
Our digital infrastructure and technology practice
Our practice covers six interconnected areas. Each is available as a standalone mandate or as part of a broader transaction or investment structure.
IT Contracts and Software Transactions
Drafting and negotiating software development agreements, SaaS contracts, IT outsourcing arrangements, IP ownership and licensing terms, limitation-of-liability clauses, and technology escrow. We advise both Ukrainian technology suppliers and international clients engaging Ukrainian development capacity.
Defense Tech and Military Procurement
Legal support for contracts with Ukrainian defense ministry, state procurement agencies, and defense funds — including BRAVE1, Defence City, the Ministry of Defense procurement framework, and international military assistance structures. Procurement compliance, IP rights in defense development, and arms export licensing.
Dual-Use Technologies and Export Control
Classification of dual-use items, compliance with Ukrainian export control legislation, interaction with the EU and US export control frameworks, sanctions compliance, and structuring of technology transfer arrangements involving dual-use components.
Technology Transfer and R&D Investment
IP ownership structuring for foreign-funded R&D, grant agreement review and negotiation (EU, EBRD, EIB, IFC), technology transfer agreements and know-how licensing, joint R&D structuring, and Ukrainian IP registration and enforcement strategy.
Data Protection and Digital Compliance
Ukrainian data protection law compliance, GDPR interaction and cross-border data transfer structuring, Diia ecosystem integration, data processing and controller/processor agreements, and data protection due diligence in technology M&A and investment transactions.
Digital Infrastructure Projects
Critical infrastructure designation and its legal implications, PPP and concession structures for state and municipal digital infrastructure assets, bankability analysis, Ukrainian law legal opinions for project financing, investment protection analysis, and security interest structuring for international lenders.
Navigate by situation
Select the scenario that matches your current need:
You need to structure or review a software development or IT outsourcing agreement with a Ukrainian supplier → IT Contracts and Software Transactions
You are supplying technology to Ukraineʼs defense sector or applying for BRAVE1 support → Defense Tech and Military Procurement
Your transaction involves dual-use technology and you need export control classification or licensing → Dual-Use Technologies and Export Control
You are a foreign investor or fund putting capital into Ukrainian technology development → Technology Transfer and R&D Investment in Ukraine
Your business collects or processes Ukrainian personal data and you need GDPR-aligned compliance → Data Protection and Digital Compliance
You are investing in or financing a digital infrastructure project in Ukraine → Digital Infrastructure Projects
Your technology transaction involves cross-border structuring, SPV, or ABC financing → International Transactions and Cross-Border Contracts
Your technology contract is in dispute or you need enforcement in Ukrainian courts → Commercial Litigation in Ukraine
How we work on technology mandates
Step 1 — Scoping and risk identification. We review the transaction or project structure, identify the Ukrainian legal issues, and determine which regulatory frameworks apply — including any export control, procurement, or wartime-specific elements.
Step 2 — Regulatory mapping. We map the applicable Ukrainian legislation, licensing requirements, and any EU or international frameworks that interact with the Ukrainian legal layer.
Step 3 — Structure design. We develop a legal structure for the transaction or project that is commercially workable, compliant with Ukrainian law, and compatible with the clientʼs international requirements.
Step 4 — Documentation. We draft, review, and negotiate the relevant agreements — technology contracts, licensing arrangements, procurement documents, grant agreements, or infrastructure contracts.
Step 5 — Regulatory execution. Where required, we handle regulatory filings, export licence applications, procurement compliance, or authority interactions.
Step 6 — Implementation support. We support the client through execution, provide ongoing legal advice as the project develops, and intervene promptly if regulatory or contractual issues arise.
Who we work with
We act as Ukrainian local counsel and lead counsel for international parties involved in technology transactions, defense procurement, and digital infrastructure projects in Ukraine.
Our clients include:
- International technology companies entering the Ukrainian market or engaging Ukrainian development capacity
- Defense industry suppliers and prime contractors operating in or supplying to Ukraine
- Foreign investors and venture funds evaluating technology investments in Ukraine
- International financial institutions and development funds structuring R&D grants and technology investments
- International law firms requiring Ukrainian law input on technology transactions, dual-use compliance, or defense procurement
- Infrastructure investors and operators pursuing digital infrastructure projects in Ukraine
Typical situations we handle:
- A US defense technology company needs to structure a contract with a Ukrainian MoD-affiliated entity under BRAVE1
- A European software company is acquiring a Ukrainian development house and needs IP ownership and employment structuring
- An international fund is investing in a Ukrainian cybersecurity startup and requires IP holding structure and grant agreement review
- An international investor is evaluating a PPP opportunity for a state-owned digital infrastructure asset and needs legal and regulatory assessment
- A foreign manufacturer needs export control classification for components being transferred to Ukraine
Key experts
Doctor of Laws — technology transaction structuring, IP licensing, R&D investment, digital infrastructure projects, and project financing legal opinions
PhD in Law — regulatory compliance, digital law, data protection, export control, and licensing for technology businesses
Commercial litigation and enforcement — technology contract disputes, IP enforcement, and procurement challenge proceedings in Ukrainian courts
Before you contact us
To make our first conversation as useful as possible, it helps to have a rough answer to these questions. You do not need a complete picture — part of our role is to help you map the unknowns.
- What type of technology transaction or project is involved? IT contract or outsourcing arrangement / Defense technology procurement or BRAVE1 / Dual-use export control matter / R&D investment or technology transfer / Data protection compliance / Digital infrastructure project
- Who are the key parties? Ukrainian entity, foreign company, state authority, or a combination — and in which jurisdictions are they based
- What is the Ukrainian law element? Is it the governing law of the contract, the location of the asset or technology, the nationality of the counterparty, or a regulatory requirement specific to Ukraine?
- What is the timeline? Is there a procurement deadline, a transaction closing date, a regulatory filing, or another external constraint driving the timing?
- Have you received any Ukrainian authority interaction already? For example: a procurement notice, a BRAVE1 eligibility response, an export control inquiry, or a data protection authority communication
FAQ: Digital Infrastructure and Technology Transactions in Ukraine
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.
Related practices
Need legal support for a technology transaction in Ukraine?
We will assess your requirements and provide a preliminary view — typically within 48 hours. No commitment required.
