Cloud services are set to be regulated in a new way: maintaining the list of providers may be transferred to the Ministry of Digital Transformation

In Ukraine, it is proposed to change the rules for regulating cloud services and data processing centers. In particular, the plan is to make such services more accessible to the public sector, remove certain regulatory barriers for businesses, clarify the distribution of powers between government bodies, and create more favorable conditions for the development of digital infrastructure and attracting investments.

To this end, a draft law "On Amendments to Certain Laws of Ukraine Regarding the Development of Cloud Services and Data Processing Services" No. 15344-1 has been submitted to the Verkhovna Rada. The document is an alternative to the government bill No. 15344, submitted by the Cabinet of Ministers on June 22, 2026.

Why the legislation is proposed to be changed

As the authors of the bill note, the current regulation of the use of cloud services for state information resources is largely based on temporary norms adopted during martial law, in particular Cabinet of Ministers Resolution No. 263.

According to the authors, this model does not provide sufficient legal certainty for the long-term development of digital infrastructure. This complicates the planning of state electronic services, the conclusion of long-term contracts, attracting investments, and the operation of companies that already provide or plan to provide cloud services in Ukraine.

The bill aims to establish a permanent, transparent, and predictable legal regulatory system that combines cybersecurity requirements with the development of competition, access of state bodies to modern technologies, and increased investment attractiveness of the digital market.

Separately, it is proposed to change the distribution of powers between government bodies. Currently, some regulatory functions are performed by the State Special Communications Administration, although the formation of state policy in the field of digitalization is ensured by the Ministry of Digital Transformation. The bill proposes to transfer a number of powers regarding maintaining the list of cloud service providers, policy formation, and procedures in this area to the Ministry of Digital Transformation.

According to the authors, this will simplify administrative procedures for companies, eliminate duplication of functions of various authorities, and make regulation more transparent and predictable.

What changes are proposed

The document provides for amendments to the laws "On Cloud Services," "On the National Bank of Ukraine," and "On the State Service of Special Communications and Information Protection of Ukraine."

Among the main innovations:

• improvement of terminology and clear definition of participants in the cloud services market;
• introduction of a risk-oriented approach to avoid excessive administrative and financial burdens on business;
• specification of documents that cloud service providers and data processing centers must submit for inclusion in the relevant state list;
• definition of authorities that will issue and verify such documents;
• rejection of the mandatory use of the Model Contract when providing cloud services. Instead, it is proposed to define only the list of essential contract terms, which should give parties more freedom when concluding contracts.

The bill also clarifies the rules regarding the prohibition of using resources related to the aggressor state. The ban will apply only to those data processing center resources that are directly used for storing and processing client information.

The authors explain that this will simultaneously meet security requirements to prevent the placement of Ukrainian data on the territory of aggressor states and avoid technically unjustified restrictions on the operation of the global internet infrastructure through which network traffic transit occurs.

In addition, the bill provides for the regulatory regulation of various models of cloud service provision, as well as the introduction of a direct contractual model, where the contract is concluded directly between the state customer and the cloud service provider. According to the authors, this will promote procurement transparency and minimize corruption risks.

The document also distinguishes the status of cloud infrastructure owners and their authorized partners so that partner companies are not burdened with regulatory requirements that should be fulfilled by data processing center owners. Separately, it is proposed to regulate certification issues at the group of companies level and establish an exhaustive list of requirements for the relevant documents.

According to the authors' assessment, the implementation of the bill will contribute to the formation of clearer rules for the cloud services market, improvement of the protection of state information resources, simplification of conditions for cloud service providers and data processing centers, as well as improvement of the investment climate and business conditions in the IT sector.

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