Date of publication: 10 November 2025
Yana Trynova, Attorney at Law, Dr. iur., Professor
Source: The Page
In 2026, the Law “On the Mental Health Care System in Ukraine” will come into force, regulating the interaction of psychologists and psychotherapists with employers.
Modern business faces a number of challenges: martial law, post-traumatic stress among employees, and the personal psychological characteristics of employees. This directly affects the company’s efficiency.
The presence of a corporate psychologist in a broad sense (this includes various specialisations of psychologists, psychotherapists, as well as legal entities that provide mental health services) in companies is not a know–how of the modern world. It is known that large Chinese, Japanese, American, and European companies cooperate with mental health professionals in various formats and for various purposes. Some companies hire such specialists to improve and maintain a favourable psychological microclimate in the work collective, while others do so to promote their products/services.
As it turns out, modern Ukrainian companies have encountered certain difficulties in organising such cooperation, since the work of a psychologist involves access to and processing of personal data, which is subject to a special legal regime.
Legal formats for cooperation with a psychologist
In general, cooperation with a psychologist can take three main formats: labour, civil-law or commercial relations. The choice will depend on the specifics of the company’s field of activity (beauty industry, defence industry, security company, etc.), its tax regime requirements, corporate cooperation habits, stress factors affecting its employees, etc.
It is difficult to give universal advice on the preferred format for cooperation with a psychologist. This requires an individual consultation, during which these factors are discussed with the client and an individual cooperation strategy is developed, and the relevant package of documents is prepared.
Economic relations
- the parties to the legal relationship are business entities (not individuals), one of which is a psychologist – a business entity (sole proprietor, legal entity, whose main activity, according to the Classification of Economic Activities, is the provision of mental health services;
- contracts may relate to the lease of premises, psychologist liability insurance, energy supply, etc.
Civil-law relations
- a legal entity enters into a civil-law contract with an individual psychologist for the provision of services;
- regulated by civil-law; flexible format for short-term or one-off projects.
Labour relations
- an employment contract is signed between the legal entity and the psychologist as an individual;
- regulated primarily by labour law, including the rights and obligations of the parties.
New developments in mental health legislation: what businesses need to know
Contrary to comments circulating online, the current law does not oblige businesses to introduce the position of psychologist/corporate psychologist. This remains purely at the discretion of companies. However, the law obliges companies to ensure the protection of personal data to which psychologists will have access in the course of their work.
Personal data protection and confidentiality
Psychologists (legal entities, sole proprietors, individual specialists) are required to comply with the requirements of the law regarding the protection of personal data, the protection of confidential information about individuals, and the preservation of state and medical secrets in cases specified by the Fundamentals of Ukrainian Legislation on Health Care and the Ukrainian laws “On State Secrets” and “On Psychiatric Care”. Such a specialist (legal entity) is obliged to ensure the preservation and non-disclosure of information obtained in connection with the provision of mental health care, except in cases specified by law, and not to use such information for their own benefit or for the benefit of third parties.
The processing of personal data relating to health, sex life, biometric or genetic data is prohibited, except, in particular, if consent to the processing of such data is available.
Responsibilities of the psychologist and the company
The psychologist must sign an agreement with the client on the provision and processing of personal data, in particular health data. This agreement must specify who has the right to use/process the data (the psychologist themself/including the manager/other options).
Owners, controllers of personal data and third parties are obliged to ensure the protection of this data from accidental loss or destruction, from unlawful processing, including unlawful destruction or access to personal data.
In other words, the format for using personal data is regulated by a local agreement within the company. Given the specific characteristics of each company, such an agreement is unique and should be drafted by a solicitor who is familiar with the specifics of the legal regulation of this area of legal relations.
As soon as a psychologist’s client seeks psychological help, they must understand that in the process of providing such a service, their personal data will be obtained at least by the psychologist (and possibly also by the company’s manager/the employee’s immediate supervisor/etc.). Before receiving such a service, the client should inquire about the terms of the contract, in particular regarding the use and processing of their personal data.
It should be noted that in addition to drawing up a contract for the provision of mental health services and consent to the receipt and processing of personal data, it is also necessary to develop the functional responsibilities (or part thereof) of the persons who will be dealing with personal data. These documents should clearly indicate who is responsible for what, the ‘route’ of personal data within the company, etc.
The company may, at its discretion, include psychological assistance services for its employees in the social package along with medical care.
Employees cannot be forced to receive psychological assistance (it is a right, not an obligation). In this way, the company adheres to the principle of respect for the privacy of its employees. The exception is certain professions in which an examination and subsequent conclusion by a psychologist/psychiatrist/psychotherapist is necessary (e.g. police officers, and cadets of universities with special status).
Information about an individual’s personal life cannot be used as a factor confirming or refuting their business qualities. There are also exceptions to this general rule depending on the field of activity of the company in which the psychologist works.
Liability for breach of confidentiality
The disclosure of personal data without the consent of the data subject or his or her authorised representative is permitted in cases specified by law (interrogation as witnesses, if the psychologist is not a doctor, in circumstances of extreme necessity, upon a lawful request from judicial or law enforcement authorities and only (if necessary) in the interests of national security, economic well-being, human rights and for the conduct of the All-Ukrainian Population Census.
In the event of an illegal leak of personal data, the interested party may seek protection in court by filing a claim for compensation for material and/or moral damage.
Illegal dissemination of personal data is subject to civil, administrative and criminal liability:
- civil – compensation for material and/or moral damage;
- administrative – failure to comply with the established procedure for the protection of personal data: a fine of between 1,700 and 34,000 UAH (Article 188-39 of the Code of Administrative Offences);
- criminal – violation of privacy (unlawful collection, storage, use, destruction, dissemination of confidential information about a person or unlawful alteration of such information): a fine starting from 850 UAH and up to 5 years’ imprisonment (Article 182 of the Criminal Code of Ukraine).
Confidential information is part of a person’s personal data. The death or disappearance of a client does not exempt the psychologist from the need to maintain professional secrecy.
Therefore, under the new law, companies should pay attention to the legal nuances of working with psychologists. Working with a psychologist requires:
- an individual strategy;
- the development of contracts and internal documents;
- ensuring the lawful processing of personal data.
Establishing cooperation between any employer (from a small sole proprietorship to a large company) and a psychologist (in various forms of their activity) requires the involvement of a competent lawyer who understands the specifics of this area of legal relations.
