Liability for failure to comply with advertising labeling requirements
Posted: Tue Jan 28, 2025 6:06 am
Changes to the Law "On Advertising" will not affect advertisers who have the following characteristics (one of them is sufficient):
Own the exclusive right to the subject of PR;
They act as a manufacturer or seller of goods and, on the basis of an agreement, transferred the responsibility for sending information to the ERIR to the advertising distributor or ORD.
According to Part 9 of Article 18.1 of the medical practice email list Law of the Russian Federation "On Advertising", the transfer of data to Roskomnadzor is carried out by ORDs, the list of which has been established since 14.10.2022:
"OZON ORD" ("Ozone");
"Development Laboratory" (Sber);
"Media Scout" ("MTS");
"ORD-A" ("Amberdata");
"Yandex Advertising Data Operator" ("Yandex");
"VK Advertising Technologies" (VK);
"First ORD" ("VimpelCom").
This list of operational activity activities may be supplemented by any organization registered in the Russian Federation and located under its jurisdiction, subject to compliance with the criteria defined by the RF Government Resolution of 28.05.2022 No. 966.
Fines for failure to comply with the requirement to label advertising are provided for in Article 14.3 of the Code of the Russian Federation on Administrative Offenses and will amount to from 100,000 to 500,000 rubles . Even if this can be avoided, the violator will be under close surveillance by Roskomnadzor. At present, sanctions for failure to submit information to ERIR have not been established, since time is needed to develop a new regulatory mechanism.
Roskomnadzor and the FAS will be responsible for monitoring compliance with the requirements for advertising labeling. The former is responsible for recording, processing and archiving PR data, maintaining the Unified Information System (ERIR), defining requirements for software used by ORD, compiling the ORD register, and monitoring compliance with the requirement to assign a token to a creative. The FAS, in turn, is responsible for classifying materials as PR, monitoring the presence of the “Advertisement” mark and data on the advertiser.
Own the exclusive right to the subject of PR;
They act as a manufacturer or seller of goods and, on the basis of an agreement, transferred the responsibility for sending information to the ERIR to the advertising distributor or ORD.
According to Part 9 of Article 18.1 of the medical practice email list Law of the Russian Federation "On Advertising", the transfer of data to Roskomnadzor is carried out by ORDs, the list of which has been established since 14.10.2022:
"OZON ORD" ("Ozone");
"Development Laboratory" (Sber);
"Media Scout" ("MTS");
"ORD-A" ("Amberdata");
"Yandex Advertising Data Operator" ("Yandex");
"VK Advertising Technologies" (VK);
"First ORD" ("VimpelCom").
This list of operational activity activities may be supplemented by any organization registered in the Russian Federation and located under its jurisdiction, subject to compliance with the criteria defined by the RF Government Resolution of 28.05.2022 No. 966.
Fines for failure to comply with the requirement to label advertising are provided for in Article 14.3 of the Code of the Russian Federation on Administrative Offenses and will amount to from 100,000 to 500,000 rubles . Even if this can be avoided, the violator will be under close surveillance by Roskomnadzor. At present, sanctions for failure to submit information to ERIR have not been established, since time is needed to develop a new regulatory mechanism.
Roskomnadzor and the FAS will be responsible for monitoring compliance with the requirements for advertising labeling. The former is responsible for recording, processing and archiving PR data, maintaining the Unified Information System (ERIR), defining requirements for software used by ORD, compiling the ORD register, and monitoring compliance with the requirement to assign a token to a creative. The FAS, in turn, is responsible for classifying materials as PR, monitoring the presence of the “Advertisement” mark and data on the advertiser.