Amendments to the Russian Advertising Law came into force on 1 September 2022. We know it sounds complicated. Below we explain what this means for us and for you, and why it is worth paying attention and starting to mark your advertising. Let's go! 

 

GLOSSARY 

ORD (advertising data operator) — an owner of software authorised by Roskomnadzor (RKN) to record the fact that advertising has been placed, keep records of it and provide data about it to RKN; ORDs are commercial organisations, for example Yandex. 

Creative — an advertising message. For example, a video ad or a post online. 

Identifier (token) — a unique identifier made up of letters and digits that is assigned to every creative. The token is issued by the ORD after the creative has been registered. 

Advertising label — a notice placed on the creative with the advertiser's details and/or website. Often referred to as a “badge”. 

RKN (Roskomnadzor) — the Federal Service for Supervision of Communications, Information Technology and Mass Media. It records, stores and processes information about advertising distributed online, including details of advertisers and ad distributors. 

FAS (Federal Antimonopoly Service) — the supervisory authority that monitors compliance with antimonopoly advertising legislation. It is the FAS that has the power to issue fines for a missing advertising label. 

FNS (Federal Tax Service) — the supervisory authority responsible for compliance with tax legislation; 

ERIR (Unified Register of Internet Advertising) — the service that accumulates data on all online advertising submitted by advertising data operators (ORDs). 

ASO (advertising system operator) — an ad network that operates an advertising system (for example, the Yandex, myTarget and VK platforms);

WHY MARK ADVERTISING?

WHAT IS THE POINT OF ADVERTISING MARKING? 

The new advertising law is designed to reveal the entire path of an ad from the client to publication. All of this is recorded in the Unified Register of Internet Advertising. Access to the register is granted to the participants in the advertising chain (including you), as well as to the FAS, the tax authorities and Roskomnadzor.

WHO MARKS ADVERTISING?

Everyone. Both Russian and foreign companies advertising in Russia must mark their advertising. If the advertising is shown outside the country, there is no need to mark it or report on it.

Marking is required for advertising posts on social media, contextual advertising, website banners and videos by bloggers.

Marking is not required for special projects with public figures, articles, recordings of TV and radio programmes, or email, SMS and push notification campaigns.

WHAT DOES ADVERTISING MARKING INVOLVE?

THE MARKING REQUIREMENTS CONSIST OF TWO KEY PARTS.

  1. The token - it is assigned once you have submitted the creative to the ERIR and the advertiser's details to the ORD. Every placement must carry the “Advertising” label and an identifier.
  2. The advertising report - within 30 days of the end of each month in which advertising was placed, the advertiser, the contractor (for example, an agency) and the ad distributor (the platform or ad network) must report to the ORD.

WHO IS THE TOKEN ISSUED TO AND HOW SHOULD MARKING BE DONE?

The token, also known as the ID, is an identification code. It makes it possible to trace the entire placement chain from the advertiser to the impressions on the advertising platform; this data is collected by Roskomnadzor. For this purpose the Unified Register of Internet Advertising — the ERIR — has been created.

WHAT MUST BE SHOWN ON CREATIVES AS PART OF MARKING?

Every creative must state that it is advertising and include the client's details. Any one of the following will do: 

  • The full name of the company or individual;
  • The short name of the company or individual;
  • The OGRN;
  • The INN;
  • A registered trademark containing the advertiser's name or parts of it;
  • A reference to a website or web page containing any of the details listed above.

LIABILITY FOR MISSING MARKING

The bill on fines for missing advertising marking has passed its first reading. The size of the fine will depend on the type of violation and on who committed it — an individual, an official or a legal entity.

VIOLATIONS OF THE ERIR REPORTING RULES. THESE INCLUDE:

  • failing to submit information about the advertising;
  • missing the submission deadline — 30 days after the advertising was placed;
  • submitting incomplete, inaccurate or outdated information.

THE FOLLOWING FINES ARE PROPOSED FOR THESE VIOLATIONS:

  • for individuals — from 10,000 to 30,000 rubles;
  • for officials — from 30,000 to 100,000 rubles;
  • for legal entities — from 200,000 to 500,000 rubles.

VIOLATIONS RELATING TO THE ADVERTISING IDENTIFIER (TOKEN). THESE INCLUDE:

  • not obtaining a token and not showing it in the advertising;
  • displaying the token incorrectly — the full rules for placing the identifier are set out in clauses 10–13 of the Roskomnadzor order.

FINES

  • for individuals — from 30,000 to 100,000 rubles;
  • for officials — from 100,000 to 200,000 rubles;
  • for legal entities — from 200,000 to 500,000 rubles  
Presentation

 

If you have any questions about advertising marking, contact our support team.

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