Advertising Labeling

Legal assistance in labeling advertisements and providing information about online advertising to Roskomnadzor

Technology, media and telecommunications (TMT)

From September 1, 2022, the following main changes to the law on advertising, introduced by Federal Law N 347-FZ of July 2, 2021, came into force, which directly affect persons who distribute advertising on the Internet.

Thus, the Federal Service for Supervision of Communications, Information Technology, and Mass Media began to keep records, store and process information about advertisements distributed on the Internet information and telecommunications network, including information about advertisers and advertising distributors, operators of advertising systems.

Now advertisers, advertising distributors, operators of advertising systems who have placed advertisements on the Internet aimed at attracting the attention of advertising consumers located in the Russian Federation and who meet the criteria determined by the Government of the Russian Federation are obliged to provide information or ensure the provision of information about such advertising in Federal Service for Supervision of Communications, Information Technology and Mass Communications.

Almost all of these persons will be required to submit data to Federal Service for Supervision of Communications, Information Technology and Mass Communications, with the exception of advertisers who have the exclusive right to objects of advertising and (or) are manufacturers or sellers of goods.

Thus, if it is impossible to prove the existence of exclusive rights to the object of advertising, the need to provide information about advertising to Federal Service for Supervision of Communications, Information Technology and Mass Communications applies to virtually all advertisers and advertising distributors, as well as advertising system operators, with the exception of social advertising operators.

Only the following advertising information is not subject to accounting:

  1. information about advertising about own products of advertisers, advertising distributors, operators of advertising systems, distributed by the specified persons by sending it to e-mail addresses, as well as in the form of electronic messages to user groups;
  2. information about advertising that is distributed or was distributed on the Internet as part of television programs and television programs, radio programs and radio programs without changes compared to terrestrial broadcasting, satellite broadcasting, cable broadcasting, namely in the same sequence, form and volume, in which such advertising is distributed or was previously distributed as part of television and television programs, radio programs and radio programs.

The following advertising information is also taken into account:

  1. information intended to ensure the traceability of advertising distribution on the Internet using unique numerical designations of distributed and (or) distributed advertising;
  2. general description of the advertised object in Russian;
  3. the main type of advertising campaign on the Internet, determined based on:

1) a cost equal to the product of the number of actions of advertising consumers determined by the advertiser and the cost of one action of an advertising consumer;

2) cost equal to the product of the number of ad impressions to advertising consumers and the cost of one impression;

3) a cost equal to the product of the number of facts of access (transitions) of consumers of advertising to information about the object of advertising or the object of advertising itself (hereinafter referred to as the fact of access) and the cost of one fact of access;

4) another type of advertising campaign on the Internet, including those associated with the peculiarities of the formation of its value;

  1. information about the means of distribution used to distribute advertising on the Internet (website and (or) page of the site on the Internet, information system, program for electronic computers), as well as about advertising systems (when using an advertising system);
  2. information on the volume and distribution of ad impressions on the Internet, as well as on the facts of access (if any) through such information resources, on the volume of ad impressions and access facts (if any) using advertising systems and the distribution of such ad impressions and facts access (if any) between advertising systems;
  3. information about the form of advertising distribution on the Internet, including all types of banners, a text or text-graphic block, all types of videos, audio recordings, audio and (or) live video broadcasts;
  4. term of advertising placement or start date of advertising campaign in case of placement of advertising as part of author's works in the form of a text or text-graphic block, video or audio recording;
  5. parameters of the advertising audience, taking into account gender, age, territory of residence (location), other socio-demographic parameters of differentiation (if such information is available);
  6. information about the agreement (agreements) concluded between the advertiser and (or) the advertising distributor and (or) the operator of the advertising system, and (or) their representatives and intermediaries, for the distribution of advertising on the Internet and (or) the provision of services ( works) using an advertising system.

Also, another important innovation is that advertising distributed on the Internet must contain the mark “advertising”, as well as an indication of the advertiser of such advertising and (or) the site, the page of the site in the information and telecommunication network "Internet", containing information about the advertiser of such advertising. An exception to this requirement is advertising placed in television programs and television programs, radio programs and radio broadcasts distributed on the information and telecommunication network "Internet".

Moreover, Federal Service for Supervision of Communications, Information Technology and Mass Communications will now interact with the Federal Tax Service of the Russian Federation and the Federal Antitrust Service and will be able to transfer the relevant data obtained as part of the collection of information about online advertising. Taking into account the fact that Federal Service for Supervision of Communications, Information Technology and Mass Communications is provided with data on concluded agreements, the risks of being held liable in the event of a discrepancy between the reports submitted to the Federal Tax Service of Russia and the information specified in the agreements are revealed, as well as the risks of being held liable by the Federal Antitrust Service and its territorial bodies in connection with the identification of facts that the content of advertising materials does not meet the requirements of advertising legislation.

Also, another important change is the requirement that the distribution of advertising on the Internet is allowed, provided that the operator of advertising data assigns an advertising identifier to the corresponding advertisement, which is a unique digital designation designed to ensure the traceability of distributed advertising and to record information about such advertising.

For these purposes, the identifier is planned to be assigned automatically before advertising is placed. At the same time, a number of requirements for advertising labeling have not been fully resolved and will probably be specified in the near future.

 In connection with the foregoing, at present, it is important for most entrepreneurs and individuals working on the Internet to pay attention to the above innovations and, if necessary, obtain additional clarifications regarding their activities in the conditions of adopted legal acts.

Legal services

  1. Advising on the provision of information about online advertising to Federal Service for Supervision of Communications, Information Technology and Mass Communications
  2. Advising on labeling of advertisements planned for distribution on the Internet
  3. Legal support in interaction with Federal Service for Supervision of Communications, Information Technology and Mass Communications regarding issues related to accounting and labeling of advertising
  4. Legal assistance in dealing with advertising data operators
  5. Checking advertising materials for compliance with advertising legislation before providing information to Federal Service for Supervision of Communications, Information Technology and Mass Communications
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