Mandatory marking of advertising on the Internet. Obligation to transfer data to ERIR.
From the beginning of the school academic year, the federal law FZ-347 of 07/02/2021 will come into force. The law came into full force from the moment of its official publication (it has already been amended on 07/14/2021) and only paragraph 3 of Article 1 will be applied with a delay. This paragraph is responsible for the inclusion of a new article 18.1 in the Federal Law "On Advertising".
The meaning of the innovation is as follows - almost all online advertising is now subject to labeling. In practice, this means that all advertising messages distributed on the Internet in the territory of the Russian Federation will need to be marked in a special way and provide information to the Unified Register of Internet Advertising (ERIR).
That is, the restrictions apply to the digital advertising segment. The obligation to transfer data to ERIR lies with the following persons:
advertisers, customers;
advertising agencies;
freelancers engaged in posting messages with promotional offers;
advertising platforms.
Thus, the circle of subjects that have new responsibilities is quite wide. In the law, they appear as advertisers (customers), advertising distributors (agencies and freelancers) and operators of advertising systems - platforms, websites and other resources.
Digital advertising is now subject to labeling, information about which is actually transferred to Roskomnadzor, since it is he who is responsible for maintaining the ERIR. The register will contain and store all data on advertising placed on the territory of Russia on the World Wide Web. Within five years of storage, they can be used by government agencies, including the tax and antimonopoly services.
The law and labeling apply to the following types of advertising:
media or display, focused on visual perception;
targeted, which is configured for a specific audience with the specified parameters;
contextual, that is, formed on the basis of human requests.
An exception is made for social advertising and advertising of their own products, distributed in email newsletters and push messages (short messages that appear on the phone). The law does not consider commercials from radio and television broadcasts broadcast on the network without any adjustment as digital advertising.
The composition of the data transmitted to Roskomnadzor for the purpose of inclusion in the ERIR:
content, creative (in the form of text, graphics or video);
customer;
method and amount of payment.
The transmission of information is carried out only through the operators of advertising data. Their names will be published later. Marking is done before the start of distribution, an individual number is assigned to any creative called a token, and it must be published when advertising is placed.
We will be happy to provide you with legal assistance regarding the minimization of legal risks and available opportunities. We will try to find a solution that is right for you.
Call +7 (383) 310-38-76 or write to info@vitvet.com.
We recommend that you read our blog dedicated to legal and judicial cases (arbitration practice) and read the materials in the "Articles" section.
Our law firm provides various legal services in different cities of Russia (including Novosibirsk, Tomsk, Omsk, Barnaul, Krasnoyarsk, Kemerovo, Novokuznetsk, Irkutsk, Chita, Vladivostok, Moscow, St. Petersburg, Yekaterinburg, Nizhny Novgorod, Kazan, Samara, Chelyabinsk, Rostov-on-Don, Ufa, Volgograd, Perm, Voronezh, Saratov, Krasnodar, Togliatti, Sochi).
We will be glad to see you among our clients! Call or write right now!
Phone +7 (383) 310-38-76
Email info@vitvet.com
Law firm "Vetrov and partners"
more than just legal services
WhatsApp
Telegram