Database

Browse Database

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

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)
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.
Coverage Horizontal

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

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

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)
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.
Coverage Telecom operators and distributors of information

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

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

RUSSIA

Since July 2006, as amended in July 2014, entry into force in September 2015, last amended in June 2023

Pillar Domestic data policies  |  Sub-pillar 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.
Coverage Horizontal

RUSSIA

Since July 2016, entry into force in July 2018

Pillar Domestic data policies  |  Sub-pillar 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 1994, last amended in 2021
Since July 2004

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Russian Civil Code

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

Since August 2013

Pillar Intermediary liability  |  Sub-pillar 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.
Coverage Internet intermediaries

RUSSIA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (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  |  Sub-pillar 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.
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  |  Sub-pillar 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

RUSSIA

Since July 2017
Since April 2008, last amended in April 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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")
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

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