RUSSIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Russia has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
RUSSIA
Since July 2006, entry into force in 2011, last amended in June 2023
Pillar Domestic data policies |
Indicator Framework for data protection
Federal Law of the Russian Federation of 27 July 2006 No. 152-FZ About personal data (Федеральный закон от 27.07.2006 г. № 152-ФЗ О персональных данных)
Federal Law No. 152-FZ provides a comprehensive regime of data protection in the Russian Federation and follows an approach similar to that of EU Directive 95/46/EC. However, data protection in Russia is regulated by several laws in addition to the Law about Personal Data; other notable laws include the Federal Law No. 149-FZ of 27 July 2006 on Information, Information Technologies and Protection of Information.
Coverage Horizontal
RUSSIA
Since January 2017
Pillar Domestic data policies |
Indicator Minimum period for data retention
Federal Law No. 208-FZ "On Amendments to the Federal Law "On Information, Information Technologies and on the Protection of Information" and the Code of the Russian Federation on Administrative offences" (Федеральный закон о внесении изменений в федеральный закон "об информации, информационных технологиях и о защите информации" и кодекс российской федерации об административных правонарушениях)
Russian news aggregators are required to store the news disseminated, information about the news source, as well as information about the terms of its dissemination for six months and to provide access to such information to the Russian Federal Service for Supervision of Telecom, Information Technologies and Mass Media.
Coverage News aggregators
Sources
- https://web.archive.org/web/20220402014939/http://www.consultant.ru/document/cons_doc_LAW_200019/
- https://web.archive.org/web/20211025203548/https://www.mondaq.com/russianfederation/advertising-marketing-branding/512058/duties-of-news-aggregators-owners-in-russia-from-1-january-2017
- https://web.archive.org/web/20211025203300/https://www.lexology.com/library/detail.aspx?g=c7f9083d-635c-484a-9b5b-ff3b077d4e22
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RUSSIA
Since July 2006, as amended in July 2014, entry into force in September 2015, last amended in June 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Federal Law of the Russian Federation of 27 July 2006 No. 152-FZ About personal data (Федеральный закон от 27.07.2006 г. № 152-ФЗ О персональных данных)
According to Art. 19 of the Law No. 152-FZ, the data operator should take all reasonable organisational and technical measures when processing personal data in order to prevent unauthorised access to personal data, its destruction, alteration, blocking, copying, distribution or conduct of other illegitimate acts.
Art. 22.1 of the Law, which has been in force since 2011, requires the appointment of a person responsible for organising the processing of personal data. This person is responsible for organising the processing of personal data and should:
- exercise internal control over compliance by the operator and its employees with the legislation of the Russian Federation concerning personal data, including requirements relating to the protection of personal data;
- make employees of the operator aware of the provisions of the legislation of the Russian Federation concerning personal data, of by-laws on the processing of personal data and of requirements relating to the protection of personal data;
- organise the acceptance and processing of applications and requests from data subjects or their representatives and (or) exercise control over the acceptance and processing of such applications and requests.
Art. 22.1 of the Law, which has been in force since 2011, requires the appointment of a person responsible for organising the processing of personal data. This person is responsible for organising the processing of personal data and should:
- exercise internal control over compliance by the operator and its employees with the legislation of the Russian Federation concerning personal data, including requirements relating to the protection of personal data;
- make employees of the operator aware of the provisions of the legislation of the Russian Federation concerning personal data, of by-laws on the processing of personal data and of requirements relating to the protection of personal data;
- organise the acceptance and processing of applications and requests from data subjects or their representatives and (or) exercise control over the acceptance and processing of such applications and requests.
Coverage Horizontal
RUSSIA
Since July 2016, entry into force in July 2018
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Federal Law No. 374-FZ on Amendments to the Federal Law on Countering Terrorism and certain legislative acts of the Russian Federation in terms of establishing additional measures to counter terrorism and ensure public security (Федеральный закон от 06.07.2016 г. № 374-ФЗ О внесении изменений в Федеральный закон «О противодействии терроризму» и отдельные законодательные акты Российской Федерации в части установления дополнительных мер противодействия терроризму и обеспечения общественной безопасности)
Federal Law No. 374-FZ provides that Internet and telecommunications companies are required to disclose communications and metadata, as well as “all other information necessary,” to authorities on request and without a court order. The law penalises companies that fail to disclose requested information with fines of up to one million rubles (approx. USD 16,500) (Arts. 11, 13, 15).
Coverage Internet and telecommunications companies
RUSSIA
Since July 2004, entry into force in August 2004, last amended in August 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Federal Law No. 98-FZ of 29 July 2004 on Trade Secrets (Федеральный закон № 98-ФЗ от 29.07.2004 г. «О коммерческой тайне»)
The Federal Law on Trade Secrets establishes a formal framework for the protection of confidential business information. Nevertheless, stakeholders report that, in practice, the Russian trade secret regime imposes disproportionate burdens on rights holders, particularly through the requirement to satisfy specific preconditions for protection that do not adequately reflect the commercial realities faced by most enterprises. With respect to enforcement, stakeholders further observe that, although deterrent‑level sanctions and preliminary measures are formally available, courts rarely impose such remedies in cases of trade secret misappropriation.
Coverage Horizontal
RUSSIA
Since August 2013
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Federal Law No. 187-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Intellectual Property Rights in Information and Telecommunication Networks"
The so-called “Anti-Piracy Law” establishes a safe harbour for Internet Service Providers (ISPs) in certain cases. According to Art. 1253.1 introduced by this Law to Part IV of the Civil Code, an information intermediary transferring material in an information and telecommunication network is not responsible for the violation of IP rights resulting from this transfer, provided that the following conditions simultaneously exist: (i) he is not the initiator of this transfer and does not determine the recipient of the specified material; (ii) he does not change the specified material when providing communication services, with the exception of changes made to ensure the technological process of transferring the material; (iii) he did not know and should not have known that the use of the corresponding result of intellectual activity or means of individualisation by the person who initiated the transfer of material containing the corresponding result of intellectual activity or means of individualisation is illegal.
In addition, according to the Article, an information intermediary providing the possibility of posting material in an information and telecommunications network is not responsible for the violation of IP rights that occurred as a result of the posting of materials in the network by a third party or at his direction, while the intermediary observes the following conditions: (i) he did not know and should not have known that the use of the corresponding result of intellectual activity or means of individualisation contained in such material is illegal; (ii) in case of receiving in writing a statement of the copyright holder about the infringement of intellectual rights with an indication of the website page and (or) the network address on the Internet on which such material is posted, he took the necessary and sufficient measures in a timely manner to stop the infringement of intellectual rights. (the so-called "Notice and takedown" rule).
The information intermediary, who is not held responsible for the violation of IP rights accordingly, may be subject to claims for the protection of IP rights, including the removal of information that violates exclusive rights or restricting access to it.
In addition, according to the Article, an information intermediary providing the possibility of posting material in an information and telecommunications network is not responsible for the violation of IP rights that occurred as a result of the posting of materials in the network by a third party or at his direction, while the intermediary observes the following conditions: (i) he did not know and should not have known that the use of the corresponding result of intellectual activity or means of individualisation contained in such material is illegal; (ii) in case of receiving in writing a statement of the copyright holder about the infringement of intellectual rights with an indication of the website page and (or) the network address on the Internet on which such material is posted, he took the necessary and sufficient measures in a timely manner to stop the infringement of intellectual rights. (the so-called "Notice and takedown" rule).
The information intermediary, who is not held responsible for the violation of IP rights accordingly, may be subject to claims for the protection of IP rights, including the removal of information that violates exclusive rights or restricting access to it.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230526013234/https://www.rg.ru/documents/2013/07/10/pravo-internet-dok.html
- https://web.archive.org/web/20220403002649/https://rospatent.gov.ru/en/documents/grazhdanskiy-kodeks-rossiyskoy-federacii-chast-chetvertaya
- https://web.archive.org/web/20171213131755/https://cyberlaw.stanford.edu/page/wilmap-russia
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RUSSIA
Reported in 2017, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Russia to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
RUSSIA
Reported in 2015, last reported in 2022
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the Russian Government holds a 38% stake in Rostelecom, a major telecommunications company and one of the largest operators in Russia and Eastern Europe. Rostelecom provides extensive services such as fixed-line telecommunications, broadband internet, digital television, and mobile services, alongside IT solutions, cloud services, and data centre operations. As a state-owned enterprise, Rostelecom plays a crucial role in shaping Russia's telecommunications infrastructure and digital economy.
Coverage Telecommunication sector
RUSSIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Russia lacks rules for functional separations for operators with significant market power, although there are rules in place for accounting separation. Under Ministry for Digital Development, Connection, and Mass Communications Order 54, dated May 2006, operators that hold substantial positions in publicly available networks and operators of universal services and natural telecoms monopolies must keep separate accounts for different types of activity; provided services; and different sections of the telecoms network used for the provision of such services. In addition, Russian competition laws also provide for forced separation as a last resort measure that may be implemented by a court at the request of antitrust authorities with respect to a dominant market player that systematically abuses its dominant position.
Coverage Telecommunications sector
RUSSIA
Since July 2017
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Decision of the State Committee for Radio Frequencies No. 17-42-07 "On the allocation of radio frequency bands for the use of satellite earth stations, VSAT stations and used onboard repeaters of spacecraft of foreign satellite networks on the territory of the Russian Federation" (О выделении полос радиочастот для применения земных станций спутниковой связи, VSAT-станций и используемых бортовых ретрансляторов космических аппаратов иностранных спутниковых сетей на территории Российской Федерации (решение ГКРЧ №17-42-07))
In 2017, the Russian State Commission for Radio Frequencies issued a decision requiring telecommunications operators seeking to rent capacity from a foreign satellite operator to demonstrate that Russian satellite providers do not have such capacity.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20211022075139/https://digital.gov.ru/ru/documents/5659/
- https://web.archive.org/web/20220325182924/https://ustr.gov/sites/default/files/files/reports/2020/Russia2020WTOReport.pdf
- https://web.archive.org/web/20231106080406/https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
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RUSSIA
Since April 2008, last amended in April 2023
Since October 2008, last amended in March 2023
Since October 2008, last amended in March 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Federal Law No. 57-FZ "On Procedures for Foreign Investments in Companies Having Strategic Importance for National Security and Defence" (Федеральный закон от 29 апреля 2008 г. N 57-ФЗ "О порядке осуществления иностранных инвестиций в хозяйственные общества, имеющие стратегическое значение для обеспечения обороны страны и безопасности государства")
Resolution of the Government of the Russian Federation of October 27, 2008 No. 795 "On approval of the Rules for the submission by a foreign investor or a group of persons, which includes a foreign investor, and other persons of information provided for in Article 14 of the Federal Law "On the procedure for implementing foreign investments in business entities of strategic importance for ensuring the defense of the country and state security" (Постановление Правительства РФ от 27 октября 2008 г. N 795 "Об утверждении Правил представления иностранным инвестором или группой лиц, в которую входит иностранный инвестор, и иными лицами информации, предусмотренной статьей 14 Федерального закона "О порядке осуществления иностранных инвестиций в хозяйственные общества, имеющие стратегическое значение для обеспечения обороны страны и безопасности государства" )
Resolution of the Government of the Russian Federation of October 27, 2008 No. 795 "On approval of the Rules for the submission by a foreign investor or a group of persons, which includes a foreign investor, and other persons of information provided for in Article 14 of the Federal Law "On the procedure for implementing foreign investments in business entities of strategic importance for ensuring the defense of the country and state security" (Постановление Правительства РФ от 27 октября 2008 г. N 795 "Об утверждении Правил представления иностранным инвестором или группой лиц, в которую входит иностранный инвестор, и иными лицами информации, предусмотренной статьей 14 Федерального закона "О порядке осуществления иностранных инвестиций в хозяйственные общества, имеющие стратегическое значение для обеспечения обороны страны и безопасности государства" )
Arts. 6 and 7 of Federal Law No. 57-FZ specify that preliminary approval is required for certain transactions related to the acquisition of shares in entities deemed of strategic importance. These entities include companies involved in the development and production of encryption tools, maintenance of cryptographic systems, and provision of encryption services.
Additionally, pursuant to Art. 14 of Federal Law No. 57-FZ and the Resolution of the Government of the Russian Federation No. 795, foreign investors must notify the Federal Antimonopoly Service (FAS) of any transaction enabling the acquisition of 5% or more of shares or interests in such strategic entities. This notification must be submitted within 45 days of the transaction's closure.
Additionally, pursuant to Art. 14 of Federal Law No. 57-FZ and the Resolution of the Government of the Russian Federation No. 795, foreign investors must notify the Federal Antimonopoly Service (FAS) of any transaction enabling the acquisition of 5% or more of shares or interests in such strategic entities. This notification must be submitted within 45 days of the transaction's closure.
Coverage Encryption services
Sources
- https://web.archive.org/web/20241120134016/https://base.garant.ru/12160212/
- https://web.archive.org/web/20210516072718/https://base.garant.ru/12163114/
- https://web.archive.org/web/20181107084546/https://www.garant.ru/products/ipo/prime/doc/12063114/#12063114
- https://www.ibanet.org/document?id=FDI-Guide-Russia-2022
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RUSSIA
Since December 1991, as amended in March 2020, last amended in June 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Federal Law No. 2124-I "On Mass Media" (Федеральный закон № 2124-И "О средствах массовой информации")
According to Art. 2 of Law on Mass Media, a foreign legal entity that disseminates information and materials (including via the Internet) by audio or audiovisual means while receiving financing from a foreign State, State bodies, international organisations or foreign citizens could be recognised as a foreign mass media performing the functions of a foreign agent. The Russian Ministry of Justice maintains a register of such foreign mass media agents (Art. 6). These foreign mass media agents can disseminate information and materials only through locally incorporated legal entities and only with a special note indicating that such information has been created and disseminated by a foreign agent. If the respective mass media does not comply with legal requirements, its transmissions shall be blocked in Russia.
Coverage Foreign mass media agents
RUSSIA
Since July 2021, last amended in June 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Federal Law of the Russian Federation No. 236-FZ About activities of foreign persons on the Internet in the territory of the Russian Federation (Федеральный закон от 01.07.2021 г. № 236-ФЗ О деятельности иностранных лиц в информационно-телекоммуникационной сети «Интернет» на территории Российской Федерации)
Art. 5 of Federal Law No. 236-FZ mandates that foreign companies operating within the Russian segment of the internet must establish a subsidiary or branch office within Russia. Reports from Russian state-owned news agencies and members of parliament indicate that the legislation targets a range of sectors, including social networks, video platforms, instant messaging services, e-mail providers, search engines, hosting services, online retailers, and Wikipedia.org.
Coverage Foreign companies operating online in Russia
Sources
- https://web.archive.org/web/20231225214812/http://www.kremlin.ru/acts/bank/46991
- https://web.archive.org/web/20221206070504/https://www.morganlewis.com/-/media/files/publication/outside-publication/article/2021/data-localization-laws-russian-federation.pdf
- https://insightplus.bakermckenzie.com/bm/attachment_dw.action?attkey=FRbANEucS95NMLRN47z%2BeeOgEFCt8EGQJsWJiCH2WAVfnLVn2ghRGFsI%2BDQwx%2Fo4&nav=FRbANEucS95NMLRN47z%2BeeOgEFCt8EGQbuwypnpZjc4%3D&attdocp...
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RUSSIA
Since January 2008
Since September 1992, last amended in February 2003
Since September 1992, last amended in February 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Part IV of the Civil Code of the Russian Federation and Federal Law No. 231-FZ "On the enactment of part IV of the Civil Code of the Russian Federation"
Patent Law of Russian Federation No. 3517-1
Patent Law of Russian Federation No. 3517-1
According to Art. 1247 of the Civil Code, foreign legal entities shall carry out their dealings with the federal executive power body charged with intellectual property matters, meaning Federal Service for Intellectual Property (Rospatent) through patent attorneys registered with Rospatent, unless otherwise envisaged by an international treaty of the Russian Federation.
Previously, Art. 15 of the Patent Law of Russian Federation No. 3517-1 required individuals with permanent residence outside the Russian Federation or foreign legal entities or their patent attorneys shall deal with the Federal executive authority on intellectual property through patent attorneys, registered with the Federal executive authority on intellectual property. This Article was replaced on 1 January 2008 by Part IV of the Civil Code.
Previously, Art. 15 of the Patent Law of Russian Federation No. 3517-1 required individuals with permanent residence outside the Russian Federation or foreign legal entities or their patent attorneys shall deal with the Federal executive authority on intellectual property through patent attorneys, registered with the Federal executive authority on intellectual property. This Article was replaced on 1 January 2008 by Part IV of the Civil Code.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231206191136/http://docs.cntd.ru/document/902019731
- https://web.archive.org/web/20230331103940/http://docs.cntd.ru/document/902360437
- https://web.archive.org/web/20220312233705/https://rospatent.gov.ru/en/documents/grazhdanskiy-kodeks-rossiyskoy-federacii-chast-chetvertaya
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