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 November 2012
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Russia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=98383&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
RUSSIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Russia has a telecommunications authority: The Federal Communications Agency. However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector
RUSSIA
Since July 2006, as amended in July 2014, entry into force in September 2015, last amended in June 2023
Since December 2001, as amended in December 2019, last amended in December 2023
Since December 2001, as amended in December 2019, last amended in December 2023
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
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)
Russian Federation Code of Administrative Offences of 30 December 2001 No. 195-FZ (Кодекс Российской Федерации об административных правонарушениях от 30.12.2001 г. № 195-ФЗ)
Russian Federation Code of Administrative Offences of 30 December 2001 No. 195-FZ (Кодекс Российской Федерации об административных правонарушениях от 30.12.2001 г. № 195-ФЗ)
Art. 18.5 of Federal Law No. 152-FZ provides that during personal data collection, including through the Internet, the data operator shall ensure that databases located within the Russian Federation are used to record, systematise, accumulate, store, update, modify and retrieve personal data of Russian citizens. However, the requirements do not apply to companies that do not receive the data directly from either data subjects or such third parties or inadvertently in the course of normal business activity. Moreover, provided that personal data, when initially collected, is placed in a primary database located and maintained in Russia, personal data contained in the database may then be transferred abroad and placed in other secondary databases, provided the requirements for data transfers are complied with. As a result, once personal data is collected, it shall be placed in the database located in Russia (i.e., the primary database). All mentioned operations on the data should be carried out locally. Afterwards, the data can be transferred abroad for further processing (i.e., to the secondary database).
It is reported that since 2015, the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) has been active in enforcing the above-mentioned measure. For instance, in November 2016, subject to the claim from Roskomnadzor, the court in Moscow restricted access to the LinkedIn social network due to the breach of the measure. Further cases mostly included administrative fines, which were also issued to major multinational companies, including Meta Platforms, Inc. (formerly Facebook, Inc.), Twitter, Inc. and later WhatsApp LLC, Google LLC, Airbnb, Inc., Apple, Inc., Twitch Interactive, Inc., United Parcel Service, Inc., Pinterest, Inc., Likeme Pte. Ltd., Ookla, LLC., Snap Inc., Match Group, LLC, Hotels.com, L.P., Spotify AB, and Zoom Video Communications, Inc. Some companies also faced repeated higher fines.
The Code of Administrative Offences establishes fines of up to RUB 6 million (approx. USD 64,620) for the first offence and up to RUB 18 million (approx. USD 193,860) for the subsequent offence.
It is reported that since 2015, the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) has been active in enforcing the above-mentioned measure. For instance, in November 2016, subject to the claim from Roskomnadzor, the court in Moscow restricted access to the LinkedIn social network due to the breach of the measure. Further cases mostly included administrative fines, which were also issued to major multinational companies, including Meta Platforms, Inc. (formerly Facebook, Inc.), Twitter, Inc. and later WhatsApp LLC, Google LLC, Airbnb, Inc., Apple, Inc., Twitch Interactive, Inc., United Parcel Service, Inc., Pinterest, Inc., Likeme Pte. Ltd., Ookla, LLC., Snap Inc., Match Group, LLC, Hotels.com, L.P., Spotify AB, and Zoom Video Communications, Inc. Some companies also faced repeated higher fines.
The Code of Administrative Offences establishes fines of up to RUB 6 million (approx. USD 64,620) for the first offence and up to RUB 18 million (approx. USD 193,860) for the subsequent offence.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231021172033/http://www.kremlin.ru/acts/bank/24154/page/1
- https://web.archive.org/web/20231130141915/http://kremlin.ru/acts/bank/17704/page/1
- https://web.archive.org/web/20231208032908/https://www.dataguidance.com/comparisons/data-transfers
- https://web.archive.org/web/20240303125215/https://www.dataguidance.com/notes/russia-%E2%80%93-data-protection-overview
- https://web.archive.org/web/20231203004435/https://www.dataguidance.com/notes/russia-data-transfers
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RUSSIA
Since June 2011, as amended in October 2014, last amended in July 2023
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Federal Law of the Russian Federation of 27 June 2011 No. 161-FZ About national payment system (Федеральный закон от 27.06.2011 г. № 161-ФЗ О национальной платежной системе)
Art. 30.6.4 of Federal Law No. 161-FZ requires that foreign-based credit card companies transmit data for all transactions within Russia through state-owned operators: the National System of Payment Cards. It is reported that this affects the possibility for financial supplies to use their processing facilities located outside of Russia.
Coverage Credit card companies
Sources
- https://web.archive.org/web/20231201074958/http://www.kremlin.ru/acts/bank/33484
- https://web.archive.org/web/20231201170558/https://www.consultant.ru/document/cons_doc_LAW_170099/3d0cac60971a511280cbba229d9b6329c07731f7/#dst100009
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
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RUSSIA
Since November 2008, entry into force in February 2009
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Russia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
RUSSIA
Since November 2008, entry into force in February 2009
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Russia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
RUSSIA
Since July 2016, entry into force in July 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
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 allows Russian security services to request that internet companies hand over their encryption keys. Firms who do not comply with these orders risk having their services blocked in the country, as happened to the messaging app Telegram, which remained blocked in Russia for approximately 2 years. Other messaging apps, such as Zello, BlackBerry Messenger, Imo, Line, and Vchat, were blocked for the same reason.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230922224736/http://www.consultant.ru/document/cons_doc_LAW_201078/
- https://web.archive.org/web/20221225222240/https://www.loc.gov/item/global-legal-monitor/2016-07-18/russia-new-electronic-surveillance-rules/
- https://web.archive.org/web/20231218171205/https://ustr.gov/sites/default/files/2019_National_Trade_Estimate_Report.pdf
- https://web.archive.org/web/20230908091725/https://www.bbc.com/news/technology-43752337
- https://web.archive.org/web/20230331073846/https://freedomhouse.org/country/russia/freedom-net/2020#B
- https://web.archive.org/web/20231205100001/https://www.theverge.com/2020/6/18/21295535/russia-telegram-ban-lifted-security
- https://web.archive.org/web/20231211183539/https://www.hrw.org/news/2018/04/24/russias-internet-war-and-its-collateral-damage
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RUSSIA
Since 1994, last amended in 2021
Since July 2004
Since July 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Russian Civil Code
Federal Law of 29 July 2004 on Commercial Secrecy
Federal Law of 29 July 2004 on Commercial Secrecy
Federal Law of July 29, 2004, on Commercial Secrecy and Russian Civil Code provide a framework for the effective protection of trade secrets. The Civil Code (Part 4) regulates issues associated with trade secrets. Any unlawful use of a trade secret, including unlawful receipt or disclosure of the trade secret, constitutes trade secret infringement. Additionally, the Federal Law of July 29, 2004, on Commercial Secrecy defines trade secrets as any type of information (e.g. production, technological, economic, organisational, etc.) that is not generally known to which the general public does not have open access, and with respect to which the owner of such information has instituted the regime of trade secrecy.
Coverage Horizontal
RUSSIA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Russia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2013.
Coverage Horizontal
RUSSIA
Since April 2008, as amended in January 2015, last amended in April 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
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")
Under Art. 2 of Federal Law No. 57, foreign states, international organisations, and entities under their control — including those established in Russia — are prohibited from entering into transactions that would grant them a majority interest in business entities deemed strategically important for national defence and state security. Consequently, foreign state-controlled investors are restricted from acquiring more than 50% of shares or majority voting rights in such companies.
According to Art. 6 of the law business strategically important for national defence and state security include those involved in the development and production of encryption tools, maintenance of cryptographic systems, and provision of encryption services, as well as activities such as detecting covert information-gathering devices.
According to Art. 6 of the law business strategically important for national defence and state security include those involved in the development and production of encryption tools, maintenance of cryptographic systems, and provision of encryption services, as well as activities such as detecting covert information-gathering devices.
Coverage Business entities of strategic importance in digital field
RUSSIA
Since December 1991, as amended in January 2016, last amended in June 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Federal Law No. 2124-I "On Mass Media" (Федеральный закон № 2124-И "О средствах массовой информации")
The Law on Mass Media, initially enacted in 1991 and subsequently amended multiple times, underwent significant revisions in January 2016 concerning foreign ownership regulations. According to Art. 19-1, foreign entities such as foreign states, international organisations, entities under their control, foreign legal entities, Russian legal entities with foreign participation, foreign citizens, stateless persons, and Russian citizens holding dual citizenship are prohibited from acting as founders or participants of mass media organisations, editorial offices of mass media, or entities engaged in broadcasting. Additionally, Art. 19-1 prohibits direct or indirect possession, management, or control by the aforementioned foreign entities or individuals of more than 20% of shares in the authorised capital of entities involved in mass media or broadcasting activities. This has led to large-scale redistribution of property in the media market and the departure from Russia of a number of major international publishers (e.g. Finnish Sanoma, Axel Springer, the German, the American Dow Jones and FT Group). Other foreign shareholders in the Russian media either reduced their stakes in Russian media or re-registered their ownership in the Russian jurisdiction.
Coverage Media sector
Sources
- https://web.archive.org/web/20250206184829/https://www.consultant.ru/document/cons_doc_LAW_1511/
- https://web.archive.org/web/20250206184705/https://www.consultant.ru/document/cons_doc_LAW_1511/c7ccbcc04d86ec3a730fda44b5c819ee9b5cffef/
- https://web.archive.org/web/20180129124526/http://intersectionproject.eu/article/politics/discrediting-journalism-russias-new-laws-foreign-agents
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RUSSIA
Since July 2017
Since April 2008, last amended in April 2023
Since April 2008, last amended in April 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Federal Law No. 160-FZ "On Foreign Investments"
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")
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")
According to Art. 6 of Federal Law No. 160-FZ (amended in 2017), transactions involving Russian business entities by foreign investors require prior approval under Art. 57 of Federal Law No. 57 on "Procedures for Foreign Investments in Companies Having Strategic Importance for National Security and Defence". This law aims to safeguard national defence and security interests. Following the 2017 amendments, the Government Commission for Control over Foreign Investments, as outlined in Art. 12 of Federal Law No. 57, has the authority to impose additional conditions on foreign investors seeking approval for transactions deemed critical to protect national defence and state security.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231203144508/http://www.consultant.ru/document/cons_doc_LAW_16283/f5800630f89fe46e6382707c7e61a950adabcf73/
- https://web.archive.org/web/20211025230819/https://www.wipo.int/edocs/lexdocs/laws/en/ru/ru047en.pdf
- https://web.archive.org/web/20210501181804/https://investmentpolicy.unctad.org/investment-laws/laws/307/russian-federation-
- https://www.ibanet.org/document?id=FDI-Guide-Russia-2022
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