Data protection policies and user agreements: the legal perspective

Andriy Barbashyn Junior partner at Barbashyn Law Firm
14 January, 2026 3 min for reading
14 January, 2026 3 min for reading

In today’s business environment, having up to date policies is a key tool for effective risk management. Most compliance issues arise not from the absence of policies or a lack of understanding of processes, but from a mismatch between formal documents and a company’s actual operations. Outdated or insufficiently developed documents may lead to fines, regulatory scrutiny, and reputational losses.

The gap between internal regulations and real-life practices becomes especially critical for fast-growing companies, businesses working with clients or employees across multiple jurisdictions, implementing remote work models, and actively using digital tools. In such conditions, internal policies often fail to keep pace with operational realities, creating hidden legal and operational risks.

In this article, we examine which provisions require priority attention, how they should be properly updated, and the potential consequences of neglecting this process.

Regarding company internal regulations

Regular updates of internal regulations ensure legal compliance, improve operational efficiency, and strengthen corporate culture. Certain policies are particularly critical for an organization and require priority review, including:

  • Code of conduct – defines acceptable behavioral and ethical standards for lawyers and employees, and regulates actions in complex situations, such as handling clients’ confidential information or conducting negotiations with them.
  • Data protection policy – governs the collection, storage, and transfer of clients’ confidential information, including electronic correspondence, contracts, and internal notes, which is especially important in today’s environment.
  • Remote work policies – establish rules for productivity, communication, and data security for remote employees. For example, companies may implement rules for processing corporate information on home devices to reduce the risk of data leaks.
  • Internal processes policy – defines general rules for organizing the company’s day-to-day operations, including the use of corporate systems and tools, internal communications, financial procedures, and basic HR processes, in order to ensure consistency in employees’ actions and reduce operational risks.

At the same time, merely having a list of policies does not solve the problem if the documents do not reflect actual business processes. That is why updating internal regulations should begin with a brief internal mini-audit, during which the company identifies what data it works with, who has access to it, through which channels information is transmitted, and on which devices the work is performed.

The organization of employees’ working environments is of key importance. One effective solution is the use of corporate computers and laptops configured by a system administrator, which helps limit the risk of policy violations. For this purpose, employees are not allowed to install third-party software, use personal accounts or cloud services, or connect unauthorized extensions and integrations.

This also includes access control, where rights to information are granted strictly on a need-to-know basis and revoked once the work is completed. In addition, compliance with basic information security rules such as using secure networks, avoiding connections to public Wi-Fi, and refraining from opening suspicious emails or links significantly reduces the risk of confidential data breaches.

In summary, well-structured internal guidelines help maintain a high level of service, simplify the onboarding of new employees, and significantly reduce the time spent answering recurring questions. In today’s environment, it is also possible to manage internal regulations through AI solutions that digitise these policies and help interpret and adjust workflows, effectively acting as a more experienced colleague who explains procedures and answers questions during the onboarding process.

Regarding the processing of personal data

Proper management of personal data of clients, contractors, and employees is not only a legal requirement but also a key factor in building trust and maintaining a strong reputation. Failure to comply with applicable Ukrainian legislation or international regulations (such as the GDPR) particularly for companies working with foreign clients may result in significant fines, legal claims, and reputational losses.

The protection of clients’ data is also crucial from a practical perspective, as clients expect their information to be processed transparently and securely. Taking this into account, we recommend reviewing and refining the following privacy-related documents, in particular:

  • Privacy Policy – a core internal company document that defines the general principles and approaches to personal data processing and explains to employees how personal data is handled within the organization;
  • Privacy Notice – the main external document that explains to users (clients) how their personal data is processed within a specific interaction and is usually published on the company’s website. It informs clients or users about what data is collected in a particular situation (for example, when filling out a website form, registering, or communicating via messengers), the purposes of such processing, and the rights of the individual.

At the same time, companies must align their policies with clients’ standards and security requirements and ensure proper compatibility of data processing practices. For example, when transferring documents via cloud services, it is essential to ensure that encryption and access control mechanisms comply with both parties’ internal standards as well as regulatory requirements.

In addition to general rules, companies should also take into account industry-specific and subject-matter regulations related to biometrics, the company’s activities, and the use of artificial intelligence. For instance, if a company uses AI for analytics or process automation, internal standards should clearly define what data is processed, who has access to it, and how transparency toward clients is ensured.

In summary, the total amount of GDPR fines in the EU is approaching €7 billion, largely due to violations of user interaction terms and policies. However, it is important to remember that the regulation applies not to organizations as such, but to internal processes. Therefore, even well-drafted documents cannot eliminate potential risks without properly established internal processes and well-trained employees.

Practical cases and consequences

In our practice, we regularly support companies and conduct legal check-ups. At the same time, businesses do not always realize that their documents no longer reflect actual processes, and this often becomes apparent in the course of addressing other tasks. For example, a company may launch a new online service, активно use analytics, chat support, and integrations with third-party platforms, while its privacy policies and internal procedures fail to reflect these activities.

In such cases, we recommend creating a data flow map and maintaining an up-to-date register of data processing activities that covers all communication channels with clients. Additionally, it is essential to clearly explain to employees how to work with new communication channels, ensure the secure handling of client and user requests, and establish clear incident response procedures.

Special attention should also be given to the systematization of documents, as the growing number of internal policies and guidelines makes it advisable to implement a centralized register. Such a register may include the document title, a brief description, the date and substance of the latest changes, current status, pending updates, and the persons responsible for keeping the document up to date.

Moreover, real-life cases clearly demonstrate the consequences of poorly configured processes. Well-known data breaches such as the Panama Papers, Allianz Life, Orrick, and Pillsbury illustrate how inadequate internal procedures within law firms led to global reputational and legal consequences. In the context of expanding digital tools and the increasing use of social engineering attacks, the absence of clear internal rules and access controls significantly increases the risk of confidential information leaks.

Therefore, practical steps to mitigate risks include regular internal process audits, access control, data backup, and employee training on information security rules. These measures help reduce legal and operational risks and maintain clients’ trust.

Conclusion

Properly configured processes are not merely formal documents created “for compliance purposes,” but a living tool for managing risks, operations, and client trust. As businesses grow and introduce new technologies, communication channels, and operating models, outdated rules quickly lose touch with reality and create additional risks.

Regularly updating internal systems and procedures helps companies remain flexible and aligned with changes in processes, technologies, and regulatory requirements. Timely updates of internal documentation provide clear operational rules, improve collaboration between departments, and facilitate the onboarding of new employees, ultimately contributing to higher quality performance.

A systematic approach plays a crucial role in this process. Ultimately, companies that invest in keeping their internal policies up to date and ensuring their effective implementation achieve a more manageable operational model, reduce the risk of fines and regulatory conflicts, and strengthen the trust of clients and partners.

Published by Pravo, Legal Practice Publishing House

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