RUSSIA
Since August 2012
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decision No. 134 of Eurasian Economic Commission Board "On Single list of goods subject to prohibitions or restrictions on import or export by the Customs Union member states within the EurAsEC when trading with third countries and Provisions on application of restrictions"
In 2012, Russia revised regulations concerning licenses for distributing encryption products, extending licensing requirements to consumer electronic products that previously did not require such licenses. This change now necessitates an activity license for distributing encryption products, which indirectly adds burdens to their importation process. According to Decision No. 134 of the Eurasian Economic Commission (2012), licensing procedures are applied to the importation of certain digital goods to the Eurasian Economic Union, including Russia. These digital goods include (i) Civil radio-electronic equipment and/or high-frequency devices, including those that are built-in or form a part of other goods; (ii) Special hardware meant for secret information acquisition; (iii) Encryption devices.
Coverage Encryption devices, radio-electronic equipment, special hardware
RUSSIA
Since April 2015
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decision No. 30 of the Eurasian Economic Commission Board "On Measures of Non-tariff regulation" (Решение Коллегии Евразийской экономической комиссии от 21 апреля 2015 г. N 30 "О мерах нетарифного регулирования")
It is reported that the Russian Government had established barriers to importing telecommunication equipment that incorporates encryption technology (encryption products) in accordance with Annex 9 of the Decision No. 30 of the Eurasian Economic Commission. Despite commitments under the WTO to permit the importation of "mass market" consumer electronics without needing an import license or other customs formalities apart from import duties, Russia now mandates, at a minimum, a one-time notification or, for products with strong encryption, permission from security services, in addition to an import license. These requirements significantly escalate import costs and frequently prevent imports altogether. Moreover, under Government Resolution No. 313 (April 16, 2013), as amended, Russia also mandates an activity license for distributing encryption products, including numerous commonplace consumer electronics, further restricting access to the Russian market for exporters.
Coverage Telecommunication equipment that incorporates encryption technology
RUSSIA
Reported in 2021, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs
Stakeholders have observed that the Russian Government does not consistently publish all regulations, judicial decisions, and administrative rulings of general application concerning customs matters. Furthermore, customs enforcement reportedly varies by region and port of entry, with frequent and unpredictable regulatory changes exacerbating costs and causing delays at the border.
Coverage Horizontal
RUSSIA
Since August 2012
Since April 2015
Since April 2015
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Decision No. 134 of Eurasian Economic Commission Board "On Single list of goods subject to prohibitions or restrictions on import or export by the Customs Union member states within the EurAsEC when trading with third countries and Provisions on application of restrictions"
Decision No. 30 of the Eurasian Economic Commission Board "On Measures of Non-tariff regulation" (Решение Коллегии Евразийской экономической комиссии от 21 апреля 2015 г. N 30 "О мерах нетарифного регулирования")
Decision No. 30 of the Eurasian Economic Commission Board "On Measures of Non-tariff regulation" (Решение Коллегии Евразийской экономической комиссии от 21 апреля 2015 г. N 30 "О мерах нетарифного регулирования")
The Single List of Goods contains the goods on which export prohibitions or restrictions apply in the Customs Union member States, including Russia. The following digital goods are among the goods that are subject to export restrictions: (i) Special hardware meant for secret information acquisition; (ii) Encryption devices; (iii) Civil radio-electronic and/or high-frequency means (REM and HFM) including built-in or forming part of other goods; (iv) Audiovisual materials and other information media containing information against the public morals, public order and security are banned from exportation.
In addition, equipment and devices containing encryption have to be registered with the Federal Security Service (FSS), and the manufacturer or the seller has to obtain FSS notification upon exportation of such equipment from the territory of the Eurasian Economic Union, including Russia in accordance with Annex No. 9 to the Decision No. 30 of the Board of the Eurasian Economic Commission dated 21 April 2015. FSS notification is necessary for the exportation of equipment and devices, both general civil, industrial, scientific, and other purposes, including a large list of products containing cryptographic components, which include many high-tech devices such as mobile phones, tablet computers, laptops, wireless keyboards, wireless mice, servers, RFID tags, among others.
In addition, equipment and devices containing encryption have to be registered with the Federal Security Service (FSS), and the manufacturer or the seller has to obtain FSS notification upon exportation of such equipment from the territory of the Eurasian Economic Union, including Russia in accordance with Annex No. 9 to the Decision No. 30 of the Board of the Eurasian Economic Commission dated 21 April 2015. FSS notification is necessary for the exportation of equipment and devices, both general civil, industrial, scientific, and other purposes, including a large list of products containing cryptographic components, which include many high-tech devices such as mobile phones, tablet computers, laptops, wireless keyboards, wireless mice, servers, RFID tags, among others.
Coverage Special hardware and encryption devices
Sources
- https://web.archive.org/web/20220129052413/http://www.eurasiancommission.org/en/act/trade/catr/nontariff/Pages/ediny_perechen.aspx
- https://web.archive.org/web/20241115170011/https://certificate.moscow/Portals/2/%D0%A4%D0%A1%D0%91/30-9--21-04-2015.doc
- https://web.archive.org/web/20190924221047/https://www.apec.org/Groups/SOM-Steering-Committee-on-Economic-and-Technical-Cooperation/Working-Groups/Telecommunications-and-Information/APEC_TEL-MRA.aspx
- https://web.archive.org/web/20220103115735/https://importlicensing.wto.org/content/decision-no30-board-eurasian-economic-commission-%E2%80%9C-measures-non-tariff-regulation%E2%80%9D-21-april
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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
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 July 2003, entry into force in January 2004, as amended in July 2016, last amended in August 2023
Since July 2006, as amended in July 2016, last amended in December 2023
Since July 2006, as amended in July 2016, last amended in December 2023
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Federal Law of the Russian Federation of 7 July 2003 No. 126-FZ About communication (Федеральный закон от 07.07.2003 г. № 126-ФЗ О связи)
Federal Law of the Russian Federation of 27 July 2006 No. 149-FZ About information, information technologies and on information protection (Федеральный закон от 27.07.2006 г. № 149-ФЗ Об информации, информационных технологиях и о защите информации)
Federal Law of the Russian Federation of 27 July 2006 No. 149-FZ About information, information technologies and on information protection (Федеральный закон от 27.07.2006 г. № 149-ФЗ Об информации, информационных технологиях и о защите информации)
Art. 64 of Federal Law No. 126-FZ requires telecom operators to store in the territory of the Russian Federation the following information:
- Information on the facts of reception, transmission, delivery and (or) processing of voice information, text messages, images, sounds, video or other messages of users of communication services - within three years from the moment of the end of such actions;
- Text messages of users of communication services, voice information, images, sounds, video or other messages of users of communication services - up to six months from the moment of termination of their reception, transmission, delivery and (or) processing.
In addition, Art. 10.1 of Law No. 149-FZ requires distributors of information, such as internet and telecom companies, messengers, email services, forums and other platforms that allow the exchange of information on the internet, to store in the territory of the Russian Federation the following information:
- Information on the facts of reception, transmission, delivery and/or processing of voice information, written text, images, sounds, video or other electronic messages of internet users and information about these users for one year after the end of such actions;
- Text messages of internet users, voice information, images, sounds, video and other electronic messages of internet users up to six months from the end of their reception, transmission, delivery and/or processing.
- Information on the facts of reception, transmission, delivery and (or) processing of voice information, text messages, images, sounds, video or other messages of users of communication services - within three years from the moment of the end of such actions;
- Text messages of users of communication services, voice information, images, sounds, video or other messages of users of communication services - up to six months from the moment of termination of their reception, transmission, delivery and (or) processing.
In addition, Art. 10.1 of Law No. 149-FZ requires distributors of information, such as internet and telecom companies, messengers, email services, forums and other platforms that allow the exchange of information on the internet, to store in the territory of the Russian Federation the following information:
- Information on the facts of reception, transmission, delivery and/or processing of voice information, written text, images, sounds, video or other electronic messages of internet users and information about these users for one year after the end of such actions;
- Text messages of internet users, voice information, images, sounds, video and other electronic messages of internet users up to six months from the end of their reception, transmission, delivery and/or processing.
Coverage Telecom operators and distributors of information
Sources
- https://web.archive.org/web/20210927000706/http://www.kremlin.ru/acts/bank/19708/page/1
- https://web.archive.org/web/20221206104716/http://www.kremlin.ru/acts/bank/24157/page/1
- https://web.archive.org/web/20231208032908/https://www.dataguidance.com/comparisons/data-transfers
- https://web.archive.org/web/20230107133211/https://www.sciencedirect.com/science/article/pii/S0267364920301175
- https://web.archive.org/web/20211025203546/https://www.lexology.com/library/detail.aspx?g=c222dc67-4b79-4faf-b4a9-008776c8f53c
- https://web.archive.org/web/20221225222240/https://www.loc.gov/item/global-legal-monitor/2016-07-18/russia-new-electronic-surveillance-rules/
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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 Cross-border data policies |
Sub-pillar Conditional flow regime
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)
Art. 12 of Federal Law No. 152-FZ prohibits the cross-border transfer of data to countries that do not provide adequate protection of data subjects. However, cross-border transfers of personal data are permitted in the following circumstances: (i) approved by the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) as providing adequate protection, which will include countries party to Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108); or (ii) in cases where such transfer is necessary to protect the life, health, or other vital interests of the data subject or other persons. Starting from 1 March 2023, operators have to notify any cross-border transfers of personal data before such transfers and, for transfers to countries which are not 'adequate', obtain permission from the Roskomnadzor for the transfer, with limited exceptions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231021172033/http://www.kremlin.ru/acts/bank/24154/page/1
- https://web.archive.org/web/20231208032908/https://www.dataguidance.com/comparisons/data-transfers
- https://web.archive.org/web/20220225195809/https://rkn.gov.ru/docs/Perechen6_inostrannykh_gosudarstv.pdf
- https://web.archive.org/web/20240224014813/https://www.coe.int/en/web/conventions/full-list?module=signatures-by-treaty&treatynum=108
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RUSSIA
N/A
Pillar Cross-border data policies |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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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