Language law for business owners

“Starting July 16, 2022, a new counter-offensive against the Ukrainian language!” wrote the Commissioner for the Protection of the State Language. Two years ago, very controversial provisions came into force. They referred to the use of the language of interfaces and the language on the Internet. Since the adoption of the “language law,” many changes have taken place: advertising, the service sector, radio and television broadcasting mostly sound in the state language, an exam for civil servants has appeared, and Ukrainian has become more common in public space… Except that “counterattack” is not used so often outside of the military context.

The new provisions of the law will not come into force tomorrow or in a month (they have been in effect for a long time). Without much of a newsworthy reason, but with a great love for the Ukrainian language, we analyze the main requirements and obligations of business owners. 

Who is covered by the “language law”?

According to the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language,” the requirements apply to companies registered in Ukraine and operating in Ukraine. International companies that satisfy our consumer needs also face obligations, but they are smaller in scope. 

Informing

The Law of Ukraine “On E-Commerce” obliges the seller (contractor, supplier) to provide the full name or titles, contacts, and location. These data are usually indicated in public documents on the website (offer, policy) and must be in Ukrainian.

Announcements, public offers, notices, inscriptions and other publicly posted textual, visual and audio information available to an unlimited number of persons must also be published in the state language. 

Website language

Discussions with SEO optimizers are a thing of the past. For more than two years now, the default website page has been displayed in Ukrainian. User interfaces and websites, including mobile applications, must be displayed in the state language.

Website content may be displayed in foreign languages along with Ukrainian, but the content of pages in Ukrainian should not be less than the content of the foreign language versions. This requirement applies not only to websites but also to social media pages.

According to the law, for foreign companies that sell goods and provide services in Ukraine and have subsidiaries, branches, or representative offices here, the website in the state language must offer “sufficient content and volume of information for clear navigation and disclosure of the owner’s business purpose.” In other words, the Ukrainian-language version may contain less information than the foreign-language version, but public documents and important functionality must be fully adapted to the user.

Finally, goods and services sold in Ukraine must be localized. Computer programs must have a Ukrainian interface. Interfaces in Ukrainian and/or English or other official languages of the European Union are also allowed.

Advertising

The language of advertising, including television and radio, is the state language. In print media, advertising in one of the official languages of the European Union is allowed.

Trademarks

Copyrighted items used in advertising may be displayed in the form specified during registration.

Service

Companies are required to communicate with consumers in Ukrainian. This requirement is provided for in both the “language law” and the Law of Ukraine “On Consumer Protection”. At the same time, at the personal request of customers, they can be served in another language.

Information on price tags, instructions, technical specifications, labeling, tickets, menus, etc. must also be provided in Ukrainian.

The law provides that business owners may use words, abbreviations, acronyms and symbols in Latin or Greek letters, as well as in English.

What if a company is registered in Ukraine but operates abroad?

We mentioned that the “language law” applies to companies registered in Ukraine and operating in Ukraine. According to the Tax Code, the location of customers is considered the place of supply of your company’s services, and the location of the recipient of services is considered the place of supply of electronic services. This means that such companies do not have a direct obligation to create a Ukrainian-language version. On the one hand, it is quite challenging to prove that a Ukrainian company, focusing on foreign markets, does not provide services or sell goods to Ukrainian users. On the other hand, there is still a chance of receiving a complaint for not having a Ukrainian-language version on such a website. 

Is there a difference between B2B and B2C?

In terms of language, no. According to the Law of Ukraine “On Consumer Protection”, a consumer is only an individual. However, the information note on the website of the Commissioner (supervisory authority) states that:

• “Internet representations (including websites, web pages in social networks) of business entities that sell goods and services in Ukraine and are registered in Ukraine are made in the state language.”
• “The version of such a website in the state language for users in Ukraine should be loaded by default.”

In other words, the certificate does not detail the implementation of activities under different business models. 

What will happen for non-compliance?

In addition to public censure, the company may be fined by the Commissioner for the Protection of the State Language. The Commissioner’s Secretariat has the right to conduct inspections both on its own initiative and upon complaints from applicants, record violations and impose sanctions. An inspection report is drawn up based on the results of the inspection. If a violation is found, a protocol is drawn up. Based on the report, the Commissioner draws up a resolution to impose a fine. The decision can be appealed in court, but there is no full-fledged court practice on this issue yet.

For the first violation, including violations in the user interfaces of computer programs and websites or in the field of information for general information, a warning or a fine of UAH 3,400 to UAH 5,100 may be imposed. For repeated violations within a year, the fine increases from UAH 8,500 to UAH 11,900.

According to the Commissioner’s report for the first half of 2024, 29% of the total number of all appeals were related to the issue of the absence of the Ukrainian start-up website of online stores and other websites. Further, 15% of violations were encountered during service, and 7% were in the area of providing information about goods and services. Most reports were received in Kyiv city, followed by Odesa, Kharkiv, Dnipro, and Kyiv regions.

Despite opposition and long attempts to restore the Ukrainian language to a prominent place, the “language law” came into force in July 2019. 5 years later, there are still businesses that resist the requirements or do not find enough resources to adapt their activities in accordance with the norms of the “language law”. We are not the karma police, but we are fighting for language compliance and compliance with the law. So, if you have read this far, we hope that your website, public documents, product names, and advertising are all in order! And if not, don’t hesitate to contact us and we will help you with legal translation or preparation of high-quality public documents in Ukrainian.