New Advertising Law – The Essence of Innovations

From September 1, 2022, new provisions of the Law "On Advertising" regarding online advertising came into force. Now all information about commercial advertising will be transferred to Roskomnadzor, namely: all data on advertisers and advertising distributors, on advertising objects (goods or services), budget, on impression volumes and forms of advertising distribution, websites, applications, etc. These changes are necessary to create a transparent online advertising market in Russia, which includes providing reliable information on advertising revenues for tax purposes, as well as reducing the number of violations and fraud in online advertising.

Basic concepts that need to be understood

Any commercial advertising placed on the Internet must be marked, and all necessary information about the advertising must be transferred to the Unified Register of Internet Advertising (ERIR), which is a unified accounting system created by Roskomnadzor. Let's look at the basic concepts:

Marking — this is the assignment of special identifiers (tokens) to all advertising creatives and announcements, which are assigned to each advertising element automatically after the data is loaded. Now all media, native, contextual and targeted advertising will be marked with the alphanumeric string "advertisement", which encrypts the identifier of the Advertising Data Operator, and also contains information about the advertiser.

ORD (Advertising Data Operator) is an organization that assigns individual tokens to all online advertising, and also collects the necessary information about the campaign and transfers it to ERIR. The ORD status was received by the "Development Laboratory" (Sber), Ozon, Vkontakte, Yandex, Mediascout (MTS) and others.

How is data transferred?

Only ORD will interact directly with Roskomnadzor. Advertisers or advertising distributors are only required to enter into an agreement with the relevant advertising data operator and transfer part of the information to it. Formally, all transferred data can be divided into two groups:

  • information about the subjects of advertising;
  • information about advertising.

Depending on whether you place the advertisement yourself or use the services of an agency, there are two scenarios: in the first case, you enter all the information yourself, and in the second, you use the help of a contractor. Main steps:

1. BEFORE placing an advertisement, you transfer the necessary data about the advertiser to ORD: TIN, full name of the organization, full name of the manager, OGRN/OGRNIP, location.

2. After this, ORD will register the advertisement in ERIR and automatically assign a token to your advertising element.

3. Having completed the first two points, you can launch the advertisement.

4. Submit the first report on impressions in ORD after 20 calendar days

The report must include information on expenses, as well as the duration of the advertising campaign and statistics on impressions with details. Such a report must be sent monthly before the 30th day of the month following the reporting month. Fines from 4 to 500 thousand rubles are provided for non-compliance with the law on advertising labeling.

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