RUSSIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of safe harbour for activities other than copyright infringement
While there is a safe harbour for copyright infringement under 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 country lacks a safe harbour for activities beyond copyright infringement. According to Art. 13.34 of Federal Law No. 18-FZ, "On Amendments to the Code of the Russian Federation on Administrative Offences" (introduced in 2017), ISPs that fail to block banned sites as instructed by the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) are liable to fines ranging from RUB 100,000 to RUB 500,000 (approx. USD 1,600 – USD 8,500). Officials of these legal entities (ISPs) face fines between RUB 5,000 and RUB 30,000 (approx. USD 85 – USD 500) for non-compliance with Roskomnadzor’s directives. If such violations are repeated within a year, penalties increase to RUB 30,000–RUB 50,000 (approx. USD 500 – USD 850) for officials and RUB 500,000–RUB 800,000 (approx. USD 8,500 – USD 13,500) for ISPs.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230128172750/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/
- 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
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RUSSIA
Since August 2014
Since July 2014
Since August 2014
Since July 2014
Since August 2014
Pillar Intermediary liability |
Indicator User identity requirement
Federal Law No. 97-FZ "On Amendments to the Federal Law" On Information, Information Technologies and Information Protection "and certain legislative acts of the Russian Federation on the streamlining of information exchange using information and telecommunication networks"
Government Decree No. 758 "On amendments to certain acts of the Government of the Russian Federation in connection with the adoption of the Federal Law "On amendments to the Federal Law "On information, information technologies and information protection" and certain legislative acts of the Russian Federation on the regulation of information exchange using information and telecommunication networks"
Government Decree No. 801 "On Amendments to Certain Acts of the Government of the Russian Federation"
Government Decree No. 758 "On amendments to certain acts of the Government of the Russian Federation in connection with the adoption of the Federal Law "On amendments to the Federal Law "On information, information technologies and information protection" and certain legislative acts of the Russian Federation on the regulation of information exchange using information and telecommunication networks"
Government Decree No. 801 "On Amendments to Certain Acts of the Government of the Russian Federation"
Law No. 97-FZ and the corresponding government decrees, Decree No. 758 and Decree No. 801, have established several requirements regarding the identification of Wi-Fi users in public places, such as parks, hotels, cafeterias, restaurants, clubs, cinemas and shopping malls, among others. The Act and the decrees require that
- ISPs must identify Internet users by means of identity documents (such as passports);
- ISPs must identify terminal equipment by determining the unique hardware identifier of the data network;
- All legal entities in Russia must provide ISPs on a monthly basis with the list of persons connecting to the Internet using their network.
- ISPs must identify Internet users by means of identity documents (such as passports);
- ISPs must identify terminal equipment by determining the unique hardware identifier of the data network;
- All legal entities in Russia must provide ISPs on a monthly basis with the list of persons connecting to the Internet using their network.
Coverage ISPs providing public Wi-Fi
Sources
- https://web.archive.org/web/20230228034621/http://www.consultant.ru/document/cons_doc_LAW_162586/
- https://web.archive.org/web/20230330150119/https://www.codastory.com/authoritarian-tech/sim-card-registration-philippines-prepaid-mobile-phone/
- https://web.archive.org/web/20220517234623/https://base.garant.ru/70719564/#help
- https://web.archive.org/web/20231202003102/http://base.garant.ru/70710076/
- https://web.archive.org/web/20220330030447/http://www.russian-offences-code.com/
- https://web.archive.org/web/20171213131755/https://cyberlaw.stanford.edu/page/wilmap-russia
- https://web.archive.org/web/20170223021111/http://www.reuters.com/article/us-russia-internet-idUSKBN0G81RV20140808
- https://web.archive.org/web/20211209093107/https://digital.gov.ru/ru/events/33687/
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RUSSIA
Since November 2017, as amended in January 2018
Pillar Intermediary liability |
Indicator 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 |
Indicator 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 |
Indicator 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 |
Indicator 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 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 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
