RUSSIA
Since July 2002, as amended in August 2019
Since June 2011, as amended in October 2014, last amended in July 2023
Since June 2011, as amended in October 2014, last amended in July 2023
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Russian Federation Federal Law No. 86-FZ "On the Central Bank of the Russian Federation" (Bank of Russia)
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)
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)
According to Art. 19 of Law No. 86-FZ (as amended by Law No. 264), several requirements for the functioning of foreign payment systems on the territory of the Russian Federation are established. According to these requirements, in order to provide services to Russian customers or to enter into contracts with local payment system operators, foreign payment systems have to be included in the Register of the Russian Central Bank. To be included in the Register, a foreign operator has to apply by submitting all the required documents in Russian through its subdivision in Russia. In addition, operators of foreign payment systems that do not have a subsidiary in the Russian Federation are able to work with Russian banks if they establish a branch office in Russia and register with the Central Bank.
Furthermore, amendments to the Federal Law on the National Payment System (NPS Law) significantly affect e-payments. According to Federal Law No. 319-FZ, “On Amendments to the Federal Law on the National Payment System and Certain Legislative Acts of the Russian Federation”, international payment cards it is required to be processed locally. In addition, the NPS Law also requires security deposits by operators of such payment systems that do not qualify as nationally important payment systems. Representatives of international payment systems have reported criticism of the introduction of such security deposits. Additionally, NPS Law prohibits the cross-border transfer of money or funds from Russia to countries where Russian payment systems, including Russian electronic payment systems, are not recognised.
Furthermore, amendments to the Federal Law on the National Payment System (NPS Law) significantly affect e-payments. According to Federal Law No. 319-FZ, “On Amendments to the Federal Law on the National Payment System and Certain Legislative Acts of the Russian Federation”, international payment cards it is required to be processed locally. In addition, the NPS Law also requires security deposits by operators of such payment systems that do not qualify as nationally important payment systems. Representatives of international payment systems have reported criticism of the introduction of such security deposits. Additionally, NPS Law prohibits the cross-border transfer of money or funds from Russia to countries where Russian payment systems, including Russian electronic payment systems, are not recognised.
Coverage Financial sector
Sources
- https://web.archive.org/web/20231130003522/https://cis-legislation.com/document.fwx?rgn=45379
- https://web.archive.org/web/20230327045220/https://www.cbr.ru/Content/Document/File/37343/law_cb_e.pdf
- https://web.archive.org/web/20150731101753/https://www.lexology.com/library/detail.aspx?g=7cf4f846-f606-4a5c-ae8a-50d0a8f220dc
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RUSSIA
Since January 2018, last amended in May 2019
Since August 2018, last amended in July 2021
Since August 2018, last amended in July 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Law No. 317-FZ on Customs Code of the Eurasian Economic Union (Таможенный кодекс Евразийского экономического союза)
Federal law No. 289-FZ on Customs Regulation in the RF and on amendment of certain legal acts of the RF(О таможенном регулировании в Российской Федерации и о внесении изменений в отдельные законодательные акты Российской Федерации)
Federal law No. 289-FZ on Customs Regulation in the RF and on amendment of certain legal acts of the RF(О таможенном регулировании в Российской Федерации и о внесении изменений в отдельные законодательные акты Российской Федерации)
Customs regulation in the Russian Federation is carried out in accordance with domestic legislation and the international Treaty on the Customs Code of the Eurasian Economic Union, ratified and implemented in the Russian Federation as of 2018.
According to Arts. 136 and 225 of Law No. 317-FZ on the Customs Code of the Eurasian Economic Union, goods placed under the customs procedure for release for domestic consumption may benefit from an exemption or reduction of customs duties and taxes if their total customs value does not exceed EUR 200 (approx. USD 225).
Pursuant to Art. 47 of Federal Law No. 289-FZ on Customs Regulation in the Russian Federation and on amendment of certain legal acts of the RF for goods (excluding personal use items) imported into or exported from the Russian Federation if the total customs value does not exceed 200 EUR based on the official exchange rate set by the Central Bank of the Russian Federation at the time of customs declaration, the obligation to pay customs duties does not arise.
According to Arts. 136 and 225 of Law No. 317-FZ on the Customs Code of the Eurasian Economic Union, goods placed under the customs procedure for release for domestic consumption may benefit from an exemption or reduction of customs duties and taxes if their total customs value does not exceed EUR 200 (approx. USD 225).
Pursuant to Art. 47 of Federal Law No. 289-FZ on Customs Regulation in the Russian Federation and on amendment of certain legal acts of the RF for goods (excluding personal use items) imported into or exported from the Russian Federation if the total customs value does not exceed 200 EUR based on the official exchange rate set by the Central Bank of the Russian Federation at the time of customs declaration, the obligation to pay customs duties does not arise.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230202124115/http://www.consultant.ru/document/cons_doc_LAW_215315/d7745deb218390fa54e0bde009d8d8deea85b608/
- https://web.archive.org/web/20220401112155/https://www.consultant.ru/document/cons_doc_LAW_215315/c3b5dab415f0ee1484f6591f0d858c9b698cc7dd/
- https://web.archive.org/web/20240224153551/https://www.consultant.ru/document/cons_doc_LAW_304093/72251709ea27c65a6b9e7915485e9a965ad00495/
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RUSSIA
Since February 1992
Since April 2011
Since April 2011
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law of the Russian Federation No. 2300-I of 7 February 1992 “On Consumer Rights Protection”
Federal Law No. 63-FZ "On Electronic Signature"
Federal Law No. 63-FZ "On Electronic Signature"
The Law On Consumer Rights Protection and the Law On Electronic Signature provide a comprehensive framework for consumer protection that also applies to online transactions. The Russian law on e-signatures recognises the same legal effect of electronic signatures as that of handwritten signatures.
Coverage Horizontal
RUSSIA
Since 2007, entry into force since 2014
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Russia has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
RUSSIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Russia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
RUSSIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Russia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
RUSSIA
Since November 2017, as amended in January 2018
Pillar Intermediary liability |
Sub-pillar User identity requirement
Federal Law No. 241-FZ "On Amendments to Articles 10.1 and 15.4 of the Federal Law "On Data, Information Technologies and Data Security"
Amendments introduced by Federal Law No. 241 prohibit the anonymous use of instant message (“IM”) services. Providers are obliged to identify users of the instant messaging service by the subscriber number of the mobile radiotelephone operator in the manner established by the Government of the Russian Federation, on the basis of an identification agreement concluded by the organiser of the instant messaging service with the mobile radiotelephone operator.
Coverage Instant messaging services
Sources
- https://web.archive.org/web/20231208005826/http://www.consultant.ru/document/cons_doc_LAW_221183/
- https://web.archive.org/web/20211025203300/https://www.lexology.com/library/detail.aspx?g=c7f9083d-635c-484a-9b5b-ff3b077d4e22
- https://talkingtech.cliffordchance.com/en/data-cyber/cyber/cyber-security-and-the-internet-in-russia.html.
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RUSSIA
Since August 2013
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Federal Law No. 364-FZ "On Amendments to the Legislative Acts of the Russian Federation Concerning the Protection of Intellectual Rights in Information and Telecommunications Networks"
According to Art. 1253, intermediaries are not liable for third-party content unless they knew or ought to have known that infringing material was being used illegally on their service. It is reported that the article contains a “constructive knowledge” clause that may incentivise intermediaries to monitor their services in order to locate “illegal” material.
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/20240609130640/https://www.article19.org/data/files/medialibrary/37202/Russia%E2%80%99s-new-legislation-on-online-copyright-enforcement-.pdf
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RUSSIA
Since December 2022
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Decree No. 2412 of the Government of the Russian Federation
In December 2022, Russia signed a law requiring platforms to monitor content and remove “LGBT propaganda,” adding this term to the list of information that is illegal to distribute online. In April and October 2022, the platform Tik Tok was fined for refusing to remove “LGBT propaganda” and promoting “homosexual relations.”
Coverage Internet intermediaries
RUSSIA
Since November 2017
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Federal Law No. 276-FZ "On Amendments to the Federal Law "On Data, Information Technologies and Data Security"
The amendments introduced by Federal Law No. 276 prohibit internet intermediaries from providing access to websites and information resources that are designated as “resources with restricted access” by the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor). The Law requires Roskomnadzor to create a national information database of online resources and services to which access is prohibited in Russia. Internet service providers (ISPs) will be required to identify those owners of resources who do not block access to prohibited online resources and report them to the Roskomnadzor within three days. Operators of online search engines are required to block links to websites included in the database of prohibited online resources. If the owner of the network or information resource continues to ignore the requirement to block access to restricted websites, its Internet connection can be terminated by the ISP within 24 hours.
Coverage Internet service providers (ISPs)
Sources
- https://web.archive.org/web/20230113032210/https://rg.ru/documents/2017/07/30/fz276-site-dok.html
- https://web.archive.org/web/20210329215300/http://www.loc.gov/law/foreign-news/article/russia-new-legislation-restricts-anonymity-of-internet-users/
- https://talkingtech.cliffordchance.com/en/data-cyber/cyber/cyber-security-and-the-internet-in-russia.html.
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RUSSIA
Since July 2012
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Federal Law No. 139-FZ "On Amendments to Federal Law "On Protecting Children from Information Harmful to Their Health and Development and Certain Legislative Acts of the Russian Federation" (Федеральный закон от 28 июля 2012 г. N 139-ФЗ "О внесении изменений в Федеральный закон "О защите детей от информации, причиняющей вред их здоровью и развитию" и отдельные законодательные акты Российской Федерации" (с изменениями и дополнениями))
According to Law No. 139-FZ, the Russian state is authorised to block drug-related content, extremist material, and other information deemed illegal within the country. Reports indicate that to implement the provisions of Law No. 139-FZ, the Russian government employs online filtering protocols, including the Deep Packet Inspection (DPI) surveillance system.
In addition to the provisions of Law No. 139-FZ, telecommunication operators and Internet Service Providers (ISPs) are permitted to block various types of network traffic, provided they adhere to relevant legislation and agreements with users or beneficiaries. Since 2012, the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) has maintained a Single Register of domain names, web page indices, and network addresses that identify websites containing prohibited information.
For the year 2022, Russian government agencies reported blocking 494 websites, including Facebook and its Messenger, Twitter, and Instagram. During an initial wave of censorship in late February 2022, authorities targeted media outlets such as the student magazine DOXA, the BBC, Voice of America, Deutsche Welle, Bellingcat, Paper, Meduza, Mediazona, Interlocutor, RFE/RL, Echo of the Caucasus, Republic, Taiga.Info, 7x7 Horizontal Russia, and the Village, among others. By the end of March 2022, Google News was also blocked after Google announced a policy prohibiting the monetisation of content that “exploits, dismisses, or condones the invasion.” However, access to Google News was subsequently restored.
In addition to the provisions of Law No. 139-FZ, telecommunication operators and Internet Service Providers (ISPs) are permitted to block various types of network traffic, provided they adhere to relevant legislation and agreements with users or beneficiaries. Since 2012, the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) has maintained a Single Register of domain names, web page indices, and network addresses that identify websites containing prohibited information.
For the year 2022, Russian government agencies reported blocking 494 websites, including Facebook and its Messenger, Twitter, and Instagram. During an initial wave of censorship in late February 2022, authorities targeted media outlets such as the student magazine DOXA, the BBC, Voice of America, Deutsche Welle, Bellingcat, Paper, Meduza, Mediazona, Interlocutor, RFE/RL, Echo of the Caucasus, Republic, Taiga.Info, 7x7 Horizontal Russia, and the Village, among others. By the end of March 2022, Google News was also blocked after Google announced a policy prohibiting the monetisation of content that “exploits, dismisses, or condones the invasion.” However, access to Google News was subsequently restored.
Coverage Web content; websites
Sources
- https://web.archive.org/web/20211202020017/http://base.garant.ru/70207766/
- https://web.archive.org/web/20170628143844/https://globalvoices.org/2014/10/17/building-an-internet-fast-lane-in-russia-could-be-a-great-way-to-stifle-independent-media/
- https://web.archive.org/web/20230326233926/http://www.wired.com/2012/11/russia-surveillance/
- https://web.archive.org/web/20230913085542/https://www.economist.com/eastern-approaches/2012/11/16/lurk-no-more
- https://web.archive.org/web/20240719004611/https://eais.rkn.gov.ru/
- https://freedomhouse.org/country/russia/freedom-net/2023#footnote7_6nd8eo4
- https://web.archive.org/web/20230930010523/http://www.theverge.com/2015/8/27/9210475/russia-wikipedia-ban-censorship
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RUSSIA
Reported in 2022, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of web content and websites
Russian authorities have reportedly continued to block online platforms in Russia and occupied Ukraine to control the narrative and disseminate disinformation through official channels. Platforms such as X (formerly Twitter), Facebook, and Instagram have been blocked, and authorities have also threatened censorship against others like YouTube and WhatsApp to enforce compliance with government directives. Facebook and Instagram have been inaccessible since October 2022, after Meta, their parent company, was designated an extremist organisation for permitting criticism of Russia's invasion of Ukraine. In 2023, Meta was compelled to cancel the launch of WhatsApp Channels in Russia due to threats from the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor). Furthermore, authorities have intensified efforts to block circumvention tools, such as VPNs, and by November 2023, eight of the 15 most popular VPN service domains had been blocked.
Coverage Social media and VPNs
RUSSIA
Since January 2021
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Federal Law No. 482-FZ "On Amendments to the Federal Law on Enforcement Actions Regarding Persons Involved in Violations of Fundamental Human Rights and Freedoms and the Rights and Freedoms of the Russian Federation Citizens"
Federal Law No. 482-FZ allows the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) to block a digital platform either partly or in full if this platform restricts the distribution of content from Russian state media outlets. It is reported that the law was adopted in response to complaints from Russian state-owned media that foreign internet portals such as Twitter, Facebook, and YouTube were censoring their accounts.
Coverage Websites, digital platforms
RUSSIA
Since November 2017, as amended in January 2018
Since February 2017
Since February 2017
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Federal Law No. 241-FZ "On Amendments to Articles 10.1 and 15.4 of the Federal Law "On Data, Information Technologies and Data Security"
Federal Law No. 18-FZ "On Amendments to the Code of the Russian Federation on Administrative offences"
Federal Law No. 18-FZ "On Amendments to the Code of the Russian Federation on Administrative offences"
According to the amendments introduced by Law No. 241-FZ, ISPs are required, within 24 hours from the moment of receipt of the relevant request from the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor), to restrict the ability of the user of the instant messaging service specified in this requirement to transfer electronic messages containing information, the dissemination of which is prohibited in the Russian Federation, as well as information disseminated in violation the requirements of the legislation of the Russian Federation. The ISPs that fail to meet this requirement can be blocked by the authorities.
According to the Art. 13.34 of the Administrative Offences Code (introduced in 2017), ISPs that do not block banned sites according to the information received from state regulator Roskomnadzor will be required to pay between 100,000-500,000 Rubles (approx. 1600 USD - 8500 USD) penalty. The officials of those legal entities (ISPs) will face fines of 5,000-30,000 Rubles (approx. 85 USD - 500 USD) for failing to implement Roskomnadzor’s instructions. If the actions are repeated during the year, the amount of penalties will be 30,000-50,000 Rubles (approx. 500 USD - 850 USD) for officials and 500,000-800,000 Rubles (approx. 8500 USD - 13500 USD) for ISPs.
According to the Art. 13.34 of the Administrative Offences Code (introduced in 2017), ISPs that do not block banned sites according to the information received from state regulator Roskomnadzor will be required to pay between 100,000-500,000 Rubles (approx. 1600 USD - 8500 USD) penalty. The officials of those legal entities (ISPs) will face fines of 5,000-30,000 Rubles (approx. 85 USD - 500 USD) for failing to implement Roskomnadzor’s instructions. If the actions are repeated during the year, the amount of penalties will be 30,000-50,000 Rubles (approx. 500 USD - 850 USD) for officials and 500,000-800,000 Rubles (approx. 8500 USD - 13500 USD) for ISPs.
Coverage Instant messaging services
Sources
- https://web.archive.org/web/20230208172202/http://www.consultant.ru/document/cons_doc_LAW_221183/
- https://web.archive.org/web/20210329215300/http://www.loc.gov/law/foreign-news/article/russia-new-legislation-restricts-anonymity-of-internet-users/
- https://web.archive.org/web/20221012235608/http://www.ewdn.com/2017/02/16/russian-lawmakers-increase-pressure-on-internet-providers-to-block-banned-sites-but-users-may-still-bypass-the-law/
- https://web.archive.org/web/20211025203258/https://tass.ru/politika/4023753
- https://web.archive.org/web/20231004100615/http://www.consultant.ru/document/cons_doc_LAW_213154/3d0cac60971a511280cbba229d9b6329c07731f7/#dst100010
- https://web.archive.org/web/20230328203226/http://www.consultant.ru/document/cons_doc_LAW_34661/6fa1460fbced889b0579f2c2c69a23033221123b/
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RUSSIA
Since July 2022
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Federal Law No. 277-FZ "On Amending Certain Legislative Acts of the Russian Federation"
Federal Law No. 277-FZ grants the Prosecutor General the authority to prohibit the operations of foreign media in Russia in response to 'hostile decisions against Russian media abroad.' The law also empowers authorities to revoke media licenses for disseminating unlawful, harmful, or unreliable socially significant information, as well as information that expresses explicit disrespect for society, the state, or the constitution, or that seeks to discredit the Russian armed forces in connection with anti-Russian sanctions.
Under the provisions of this law, a media license may be suspended for three months following an initial violation and for six months in the case of repeated violations. However, the license can be reinstated prematurely if the disseminated false information is removed, subject to a corresponding decision by the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor).
Under the provisions of this law, a media license may be suspended for three months following an initial violation and for six months in the case of repeated violations. However, the license can be reinstated prematurely if the disseminated false information is removed, subject to a corresponding decision by the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor).
Coverage Media sector