Booking in IT and Telecom: The Ministry of Digital Transformation Updated Business Criticality Criteria

The Ministry of Digital Transformation has approved new criteria for determining enterprises, institutions, and organizations that are of significant importance to the national economy sector in digitalization. Such status may serve as a basis for further designation of an enterprise as critically important, which, subject to compliance with other legislative requirements, allows for the booking of employees liable for military service.

The relevant order of the Ministry of Digital Transformation dated June 23, 2026, No. 127 was registered with the Ministry of Justice of Ukraine on June 29, 2026. It came into force on July 3, 2026, and replaced the previous order dated December 5, 2024, No. 182, which was declared invalid.

Which enterprises can receive the status

The order defines criteria by which enterprises, institutions, and organizations may be recognized as having significant importance for the national economy sector in digitalization. To obtain such status, it is sufficient to meet at least one of the listed points.

Such enterprises include:

IT industry, state digital systems, and trust services

• legal entities engaged in specified types of IT activities (except residents of Diia.City), with an average salary of at least the equivalent of 1200 EUR and an average number of employees of at least 9;
• enterprises that provide development, creation, modernization, development, implementation, and maintenance of state electronic registers, databases, and information systems;
• providers of cloud services and data centers hosting state electronic registers, databases, and information systems;
• qualified providers of electronic trust services.

Electronic communications and internet infrastructure

• representatives of foreign manufacturers of the core of electronic communication networks supplying equipment to critically important operators (except manufacturers from the Russian Federation, Belarus, and Iran);
• suppliers of data center services, cloud services, backup, data transmission, hosting, and internet traffic exchange network access;
• administrators of public top-level domains .ua and .укр;
• suppliers of electronic communication services and networks that meet the order's requirements;
• owners of large-scale telecommunications infrastructure, including antenna-mast structures, as well as operators of international telecommunications connections;
• contractors building xPON networks and mobile communication networks for operators designated by the Ministry of Digital Transformation;
• operators of critical infrastructure facilities in the fields of electronic communications and digital infrastructure;
• enterprises conducting radio frequency monitoring or administering a centralized database of ported numbers.

Innovation, defense, and public administration

• enterprises providing non-repayable financial assistance for the development of the IT industry, innovative activities, technologies, creative industries, and science;
• enterprises conducting information counteraction measures against the aggressor using information and information-communication systems and the Internet network;
• enterprises that have received grants for the development of innovations and technologies for defense needs;
• enterprises under the management of the Ministry of Digital Transformation or regarding which the Ministry manages the state's corporate rights.

Requirements for electronic communication service providers

The order also establishes requirements for providers of electronic communication services. Such enterprises may receive the status of important for the digitalization sector if they provide services in one or more regions and have an average monthly net income exceeding 500,000 UAH.

For enterprises operating in areas of possible or active hostilities, this figure must exceed 100,000 UAH. At the same time, service provision in such areas must be carried out under conditions specified by the order.

Additionally, enterprises must comply with the directives of the National Center for Operational and Technical Management of Electronic Communication Networks of Ukraine regarding ensuring network resilience during martial law and must not be on the list of providers found to have violated these requirements.

The order also specifies that status may be granted to enterprises that are providers of electronic communication services for data centers, providers of electronic communication networks, or provide access to the internet traffic exchange network. Compliance with this criterion is confirmed by a valid contract with an electronic communication operator designated as critically important by the Ministry of Digital Transformation, which must have been concluded at least six months before submitting the application.

The enterprise must provide tax invoices and receipts of their registration in the Unified Register of Tax Invoices for the last six months, as well as service provision acts executed in accordance with electronic signature requirements.

To confirm compliance with any of the criteria, the enterprise submits relevant information and certificates signed by the head responsible for the accuracy of the provided data. An enterprise is recognized as having significant importance for the national economy sector in digitalization if it meets one or more criteria defined by the order.

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