Roskomnadzor has ordered foreign companies that “violate” the laws of Russia to label messages on the Internet.
The requirement applies to foreign citizens, stateless persons, as well as to companies that are not registered as a legal entity in Russia.
Roskomnadzor approved the requirements for marking messages on the Internet for foreign companies that “violate” the legislation of the Russian Federation.
According to the document, the marking should look like this: “A foreign person who owns an information resource is a violator of the legislation of the Russian Federation”, and the size of the letters should not be less than the letters contained in the link to the company’s resource.
On July 1, 2021, the law “On the activities of foreign Persons in the Information and Telecommunications Network “was amendedThe Internet” on the territory of the Russian Federation” has introduced a requirement for foreign companies to report that they have violated the law of the Russian Federation. At the same time, the document does not specify exactly how foreign “violators”will be determined.
Federal Law No. 236-FZ of July 1, 2021 “On the Activities of Foreign Persons in the Internet Information and Telecommunications Network on the Territory of the Russian Federation”
Adopted by the State Duma on June 17, 2021
Approved by the Federation Council on June 23, 2021
This Federal Law establishes the legal basis for the activities of foreign legal entities, foreign organizations that are not legal entities, foreign citizens, stateless persons operating in the information and telecommunications network “Internet” on the territory of the Russian Federation, defines the powers of state authorities of the Russian Federation, as well as the rights and obligations of persons participating in the specified activities or using the services (results) of such activities.
Chapter 1. General provisions
Article 1. Scope of this Federal Law
- This Federal Law regulates relations related to the activities of foreign legal entities, foreign organizations that are not legal entities, foreign citizens, stateless persons (hereinafter referred to as a foreign person) in the information and telecommunications network “Internet” (hereinafter referred to as the “Internet”) on the territory of the Russian Federation.
- Foreign persons operating on the Internet on the territory of the Russian Federation are obliged to comply with the requirements, prohibitions and restrictions provided for by the legislation of the Russian Federation.
Article 2. The purpose of this Federal Law
The purpose of this Federal Law is to establish equal conditions for the activities of Russian and foreign persons on the territory of the Russian Federation.
Article 3. Legal regulation of the activities of foreign persons on the Internet on the territory of the Russian Federation
The legal regulation of the activities of foreign persons on the Internet on the territory of the Russian Federation is carried out by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as international treaties of the Russian Federation.
Chapter 2. Features of the activities of foreign persons on the Internet on the territory of the Russian Federation
Article 4. A foreign person operating on the Internet on the territory of the Russian Federation
- A foreign person carrying out activities on the Internet on the territory of the Russian Federation means a foreign person carrying out any activity that is not prohibited on the territory of the Russian Federation, carried out on the condition that the foreign person is the owner of the website on the Internet, and (or) the website page on the Internet, and (or) an information system, and (or) a program for electronic computers, access to which during the day is more than five hundred thousand Internet users located on the territory of the Russian Federation (hereinafter referred to as – information resource of a foreign person), as well as under one of the following conditions:
1) the information resource of a foreign person provides and (or) distributes information in the state language of the Russian Federation, the state languages of the republics within the Russian Federation or other languages of the peoples of the Russian Federation;
2) advertising aimed at attracting the attention of consumers located on the territory of the Russian Federation is distributed on the information resource of a foreign person;
3) a foreign person processes information about users located on the territory of the Russian Federation;
4) a foreign person receives funds from Russian individuals and legal entities.
- A foreign person who carries out the activities of a foreign person on the Internet on the territory of the Russian Federation is also recognized as:
1) a foreign person who is a hosting provider or another person who provides the placement of information resources on the Internet, whose users are located, including on the territory of the Russian Federation;
2) a foreign person carrying out activities to ensure the functioning of an information system and (or) a program for electronic computers that are intended and used to organize the distribution of advertising on the Internet aimed at attracting the attention of consumers, including those located on the territory of the Russian Federation, through information resources owned by third parties (hereinafter-the operator of the advertising system);
3) a foreign person engaged in activities to ensure the functioning of information systems and (or) programs for electronic computers that are intended and (or) used for receiving, transmitting, delivering and (or) processing electronic messages of Internet users, including those located on the territory of the Russian Federation (hereinafter – the organizer of information dissemination on the Internet).
- The federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications determines hosting providers or other persons providing placement of information resources on the Internet, whose users are located on the territory of the Russian Federation, advertising system operators and organizers of information dissemination on the Internet, which are subject to the provisions of this Federal Law, in accordance with the methodology approved by the Government of the Russian Federation.
Article 5. Conditions for carrying out the activities of foreign persons on the Internet on the territory of the Russian Federation
A foreign person operating on the Internet on the territory of the Russian Federation is obliged to:
1) place on the information resource an electronic form for sending appeals of Russian citizens and organizations, the requirements for which are established by the federal executive authority exercising functions of control and supervision in the field of mass media, mass communications, information technologies and communications;
2) register a personal account on the official website of the federal executive authority performing functions of control and supervision in the field of mass media, mass communications, information technologies and communications, on the Internet and use it for interaction with state bodies of the Russian Federation;
3) establish a branch, or open a representative office, or establish a Russian legal entity and ensure the functioning of a branch, or representative office, or a Russian legal entity on the territory of the Russian Federation in accordance with the requirements provided for in Article 7 of this Federal Law.
Article 6. Personal account of a foreign person operating on the Internet on the territory of the Russian Federation
- The Personal Account is used by a foreign person operating on the Internet on the territory of the Russian Federation to receive documents and other legally significant messages from state bodies of the Russian Federation and transfer documents and (or) information to these bodies. Documents and other legally significant messages are considered to have been received by a foreign person operating on the Internet on the territory of the Russian Federation from the moment they are received in the personal account.
- A foreign person operating on the Internet on the territory of the Russian Federation shall post information about a branch or an open representative office or a Russian legal entity established on the territory of the Russian Federation and documents confirming the powers provided for in Article 7 of this Federal Law in the personal account.
- The procedure for maintaining a personal account, including the procedure for registering a foreign person operating on the Internet on the territory of the Russian Federation, a personal account and interaction of the specified foreign person with state bodies of the Russian Federation using a personal account, as well as a list of such state bodies, shall be established by the Government of the Russian Federation.
Article 7. Requirements for a branch or representative office of a foreign person operating on the Internet on the territory of the Russian Federation, or a Russian legal entity established by a foreign person operating on the Internet on the territory of the Russian Federation
A branch or representative office of a foreign person operating on the Internet on the territory of the Russian Federation, or a Russian legal entity established by a foreign person operating on the Internet on the territory of the Russian Federation, provides:
1) acceptance and consideration of appeals of Russian citizens and organizations to a foreign person operating on the Internet on the territory of the Russian Federation, execution of court decisions, decisions (requirements) of state bodies of the Russian Federation adopted in respect of such a foreign person;
2) representation of the interests of a foreign person operating on the Internet on the territory of the Russian Federation in courts;
3) taking measures on the territory of the Russian Federation to restrict access to information and (or) delete information distributed in violation of the legislation of the Russian Federation on the information resource of a foreign person, if such an obligation is provided for by the legislation of the Russian Federation on information, information technologies and information protection.
Article 8. List of foreign persons operating on the Internet on the territory of the Russian Federation
- The federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications shall place, in accordance with the procedure determined by it, on its official website on the Internet, a list of foreign persons operating on the Internet on the territory of the Russian Federation.
- A foreign person operating on the Internet on the territory of the Russian Federation is obliged to send, using the personal account, an application for the inclusion of information about him and his information resource in the list specified in part 1 of this article to the federal executive authority exercising control and supervision functions in the field of mass media, mass communications, information technologies and communications, within 24 hours from the moment of registration of the personal account.
- The federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications:
1) organizes monitoring of information resources;
2) approves the methodology for determining the number of users of information resources per day;
3) has the right to request from foreign persons operating on the Internet on the territory of the Russian Federation the information necessary for maintaining the list specified in part 1 of this article. The specified persons are obliged to provide the requested information no later than within ten days from the date of receipt of the request of the federal executive authority performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications.
- If an information resource is found on the Internet that meets the conditions provided for in part 1 of Article 4 of this Federal Law, the federal executive authority performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications:
1) determines the hosting provider or other person providing the placement of an information resource on the Internet;
2) sends a notification to the hosting provider or the person specified in paragraph 1 of this part in electronic form in Russian and English about the need to provide data that allows identifying the owner of the information resource;
3) records the date and time of sending the notification specified in paragraph 2 of this part to the hosting provider or the person specified in paragraph 1 of this part in the relevant information system.
- Within three working days from the date of receipt of the notification specified in paragraph 2 of part 4 of this article, the hosting provider or the person specified in paragraph 1 of part 4 of this article must provide data that allows identifying the owner of the information resource.
- If the owner of an information resource is a foreign person, the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, recognizes such a person as a foreign person operating on the Internet on the territory of the Russian Federation, and includes information about this person and his information resource in the list specified in part 1 of this article.
- The federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, in the case of determining, in accordance with part 3 of Article 4 of this Federal Law, hosting providers or other persons providing the placement of information resources on the Internet, whose users are located on the territory of the Russian Federation, advertising system operators and organizers of information dissemination on the Internet, which are subject to the provisions of this Federal Law, ensures the inclusion of information about them in the list specified in part 1 of this article, and sends them a notification of the need to perform the duties provided for in Article 5 of this Federal Law. The exclusion of information about these persons from the list specified in part 1 of this Article is carried out on the basis of the methodology approved by the Government of the Russian Federation in accordance with part 3 of Article 4 of this Federal Law.
- The procedure for identifying hosting providers or other persons providing the placement of information resources on the Internet, whose users are located on the territory of the Russian Federation, advertising system operators and organizers of information dissemination on the Internet and their interaction with the federal executive authority exercising control and supervision functions in the field of mass media, mass communications, information technologies and communications, is determined by the methodology, approved by the Government of the Russian Federation in accordance with part 3 of Article 4 of this Federal Law.
- The federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications shall organize monitoring of the fulfillment by a foreign person operating on the Internet on the territory of the Russian Federation of the duties provided for by this Federal Law, and shall include in the list specified in part 1 of this Article information on the fulfillment by the specified foreign person of the duties provided for by this Federal Law.
- A foreign person operating on the Internet on the territory of the Russian Federation is obliged to establish one of the programs for electronic computers proposed by the federal executive authority exercising control and supervision functions in the field of mass media, mass communications, information technologies and communications, designed to determine the number of users of an information resource on the Internet.
- If access to an information resource of a foreign person for three months is less than five hundred thousand Internet users located on the territory of the Russian Federation within a day, at the request of a foreign person operating on the Internet on the territory of the Russian Federation, information about the specified person and about his information resource is excluded from the list specified in part 1 of this article, about which the specified foreign person is notified accordingly. Information about a foreign person operating on the Internet on the territory of the Russian Federation and about its information resource may be excluded from the list specified in part 1 of this article, in the absence of an application from a foreign person operating on the Internet on the territory of the Russian Federation, if access to this information resource for six months is less than five hundred thousand Internet users located on the territory of the Russian Federation.
Chapter 3. Measures to compel foreign persons operating on the Internet on the territory of the Russian Federation to comply with the requirements of the legislation of the Russian Federation
Article 9. Types of measures to compel foreign persons carrying out activities on the Internet on the territory of the Russian Federation to comply with the requirements of the legislation of the Russian Federation
In case of non-compliance by a foreign person operating on the Internet on the territory of the Russian Federation with the provisions of this Federal Law and other requirements, prohibitions and restrictions provided for by the legislation of the Russian Federation, one or several of the following coercive measures may be applied to the specified foreign person:
1) informing the users of the information resource of a foreign person about the violation of the legislation of the Russian Federation by a foreign person operating on the Internet on the territory of the Russian Federation;
2) a ban on the distribution of advertising of a foreign person operating on the Internet on the territory of the Russian Federation, and (or) its information resource as an object of advertising;
3) a ban on the distribution of advertising on the information resource of a foreign person;
4) restriction of money transfers and acceptance of payments by individuals and legal entities in favor of a foreign person operating on the Internet on the territory of the Russian Federation;
5) ban on search results;
6) prohibition on the collection and cross-border transfer of personal data;
7) partial restriction of access to the information resource of a foreign person;
8) complete restriction of access to the information resource of a foreign person.
Article 10. Cases of application of coercive measures against foreign persons operating on the Internet on the territory of the Russian Federation
- In case of non – fulfillment by a foreign person operating on the Internet on the territory of the Russian Federation of the obligations provided for in Article 5 of this Federal Law, the measures provided for in paragraphs 1-4 of Article 9 of this Federal Law may be applied to the said foreign person on the basis of a decision of the federal executive authority exercising control and supervision in the field of mass media, mass communications, information technologies and communications.
- If a foreign person operating on the Internet on the territory of the Russian Federation fails to fulfill the obligations provided for in Article 5 of this Federal Law, within 30 days from the date of sending the decision provided for in part 1 of this Article to a foreign person, measures may be applied against the said foreign person on the basis of a decision of the federal executive authority exercising control and supervision in the field of mass media, mass communications, information technologies and communications, provided for by Article 9 of this Federal Law.
- In case of non-fulfillment by a foreign person operating on the Internet on the territory of the Russian Federation of the obligations to restrict access to information and (or) delete information distributed in violation of the legislation of the Russian Federation on an information resource of a foreign person or to restrict access to an information resource on which information is distributed in violation of the legislation of the Russian Federation, if such an obligation is provided for by the legislation of the Russian Federation on information, information technologies and information protection, the measures provided for in paragraphs 1-6 of Article 9 of this Federal Law may be applied to the specified foreign person on the basis of a decision of the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications.
- In case of non-fulfillment by a foreign person operating on the Internet on the territory of the Russian Federation, provided for by the legislation of the Russian Federation in the field of personal data, of the obligation to ensure the recording, systematization, accumulation, storage, clarification (updating, modification) or extraction of personal data of citizens of the Russian Federation using databases located on the territory of the Russian Federation, in respect of the specified foreign person on the basis of a decision of the federal executive authority, performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, the measures provided for in Article 9 of this Federal Law may be applied.
- In case of recognition, in accordance with the procedure provided for by Federal Law No. 272-FZ of December 28, 2012 “On measures of influence on persons involved in violations of fundamental human rights and freedoms, the rights and freedoms of citizens of the Russian Federation”, a foreign person operating on the Internet on the territory of the Russian Federation, involved in violations of fundamental human rights and freedoms, the rights and freedoms of citizens of the Russian Federation, which guarantee, inter alia, freedom of the mass media, The measures provided for in Article 9 of this Federal Law may be applied to the said foreign person on the basis of a decision of the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications.
- In case of non-fulfillment by a foreign person operating on the Internet on the territory of the Russian Federation of the obligation to provide information about advertising to the federal executive authority exercising functions of control and supervision in the field of mass media, mass communications, information technologies and communications, in accordance with the requirements of the legislation of the Russian Federation on advertising, in respect of the specified foreign person on the basis of a decision of the federal executive authority, performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, the measures provided for in Article 9 of this Federal Law may be applied.
- In other cases provided for by federal laws, the application of the measures provided for in Article 9 of this Federal Law is carried out on the basis of a decision of the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, adopted in accordance with these federal laws.
- The decisions provided for in this article shall be taken taking into account the possibility of applying an appropriate measure against a foreign person operating on the Internet on the territory of the Russian Federation.
- The application of the measures provided for in Article 9 of this Federal Law shall be terminated by a decision of the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, in case of elimination of the circumstances that served as the basis for making a decision on their application.
- The federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications shall post information about the decisions taken within three working days from the date of their adoption in the list specified in part 1 of Article 8 of this Federal Law, as well as in the personal account of a foreign person operating on the Internet on the territory of the Russian Federation (if available), and in the absence of a personal account, send it to the e-mail address of the specified foreign person.
Article 11. Informing users of an information resource of a foreign person about a violation of the legislation of the Russian Federation by a foreign person operating on the Internet on the territory of the Russian Federation
- The federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, in the event of a decision to inform users of an information resource of a foreign person about a violation by a foreign person operating on the Internet on the territory of the Russian Federation of the legislation of the Russian Federation within a day from the moment of making such a decision, sends electronically in accordance with the procedure established by it to search engine operators, distributing advertising on the Internet, which is aimed at attracting the attention of consumers located on the territory of the Russian Federation, the requirement to inform users of an information resource of a foreign person about a violation of the legislation of the Russian Federation by a foreign person operating on the Internet on the territory of the Russian Federation.
- Within a day from the moment of receiving the decision specified in part 1 of this article, search engine operators distributing advertising on the Internet that is aimed at attracting the attention of consumers located on the territory of the Russian Federation are obliged to inform users when issuing information on a foreign person’s information resource on their requests about a violation of the legislation of the Russian Federation by a foreign person operating on the Internet on the territory of the Russian Federation.
- The requirements for the content of information about a violation by a foreign person of the legislation of the Russian Federation for the purpose of informing users of an information resource of a foreign person are established by the federal executive authority performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications.
- Search engine operators distributing advertising on the Internet, which is aimed at attracting the attention of consumers located on the territory of the Russian Federation, are obliged to stop informing users of an information resource of a foreign person about a violation by a foreign person within a day from the moment of receiving a decision of the federal executive authority exercising control and supervision functions in the field of mass media, mass communications, information technologies and communications, operating on the Internet on the territory of the Russian Federation, the legislation of the Russian Federation.
Article 12. Prohibition on the distribution of advertising of a foreign person operating on the Internet on the territory of the Russian Federation, and (or) its information resource as an object of advertising
- If the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications makes a decision to ban the distribution of advertising of a foreign person operating on the Internet on the territory of the Russian Federation and (or) its information resource as an object of advertising aimed at attracting the attention of consumers located on the territory of the Russian Federation, and including information about such a decision in the list of, the distribution of such advertising by a foreign person operating on the Internet on the territory of the Russian Federation, in respect of which and (or) the information resource of which the specified decision was made, as well as by advertising distributors in any way, in any form and using any means is not allowed.
- The ban on the distribution of advertising of a foreign person operating on the Internet on the territory of the Russian Federation and (or) its information resource as an object of advertising shall be terminated from the moment when the federal executive authority performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, information about the decision to terminate the coercive measure in the list specified in part 1 of Article 8 of this Federal Law.
Article 13. Prohibition on the distribution of advertising on the information resource of a foreign person
- If the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications makes a decision to ban the distribution of advertising on an information resource of a foreign person aimed at attracting the attention of consumers located on the territory of the Russian Federation and including information about such a decision in the list specified in part 1 of Article 8 of this Federal Law, the foreign person, Advertisers operating on the Internet on the territory of the Russian Federation are not entitled to place ads on such an information resource aimed at attracting the attention of consumers located on the territory of the Russian Federation.
- The federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, in case of detection of advertising aimed at attracting the attention of consumers located on the territory of the Russian Federation, placed on the information resource of a foreign person in violation of the prohibition established by part 1 of this article, sends information about the placement of such advertising to the antimonopoly authority, indicating the information resource of the foreign person on which the advertising is placed, dates (period) of ad placement, ad descriptions.
- State bodies, local self-government bodies, and legal entities engaged in procurement in accordance with Federal Law No. 223-FZ of July 18, 2011 “On Procurement of Goods, Works, and Services by Certain Types of Legal entities” are prohibited from placing ads on the information resources of foreign persons in respect of whom a corresponding decision has been made by the federal executive authority exercising control and supervision in the field of mass media, mass communications, information technologies and communications, and information about which is included in the list, specified in part 1 of Article 8 of this Federal Law.
- The ban on the distribution of advertising on the information resource of a foreign person shall be terminated from the moment when the federal executive authority performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, information about the decision to terminate the coercive measure in the list specified in part 1 of Article 8 of this Federal Law.
Article 14. Restriction of money transfers and acceptance of payments by individuals and legal entities in favor of a foreign person operating on the Internet on the territory of the Russian Federation
- If the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications makes a decision to restrict the implementation of money transfers and acceptance of payments by individuals and legal entities in favor of a foreign person operating on the Internet on the territory of the Russian Federation, information about such a decision is included in the list specified in part 1 of Article 8 of this Federal Law.
- If the decision referred to in part 1 of this article is adopted, the federal executive authority performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, includes information about a foreign person operating on the Internet on the territory of the Russian Federation, in respect of which the said decision was made, in the list of persons for whose benefit money transfers, including electronic money, and acceptance of payments of individuals and legal entities are restricted, which is posted on the official website of the specified body on the Internet.
- If the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications reveals in the activities of a foreign payment service provider the facts of providing payment acceptance services, money transfer, including electronic money, by performing operations using electronic means of payment on behalf of an individual or legal entity in favor of a foreign person, the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, shall include information about such a foreign payment service provider in the list of foreign payment service providers that provide services for accepting payments, transferring funds, including electronic money, operating on the Internet on the territory of the Russian Federation, information about which is included in the list specified in part 2 of this Article., by performing operations using electronic means of payment on behalf of an individual or legal entity in favor of a foreign person operating on the Internet on the territory of the Russian Federation, information about which is included in the list specified in part 2 of this article, which is posted on the official website of the specified body on the Internet.
- The procedure for forming and maintaining the list specified in part 2 of this Article shall be established by the Government of the Russian Federation. The procedure for forming and maintaining the list specified in part 3 of this article, as well as the composition of the information included in the lists specified in parts 2 and 3 of this Article, is established by the Government of the Russian Federation in coordination with the Central Bank of the Russian Federation.
- Credit organizations, telecom operators, postal operators are considered notified of the inclusion of information in the lists specified in parts 2 and 3 of this article after five working days from the date of posting the relevant information as part of the lists specified in parts 2 and 3 of this article on the official website of the federal executive authority performing functions for control and supervision in the field of mass media, mass communications, information technologies and communications, on the Internet.
- The credit institution serving the payer is obliged to refuse to the payer to conduct a money transfer operation, including electronic money, directly or through a foreign payment service provider in favor of a foreign person operating on the Internet on the territory of the Russian Federation, information about which is included in the list specified in part 2 of this article, as well as in favor of a foreign payment service provider, information about which is included in the list specified in part 3 of this article.
- The credit institution serving the payer is obliged to refuse to the payer to conduct a money transfer operation using a payment card if the available information about the recipient of funds allows the credit institution to determine that the recipient of funds is a person whose information is included in the lists specified in parts 2 and 3 of this article.
- A telecommunications operator or a postal operator may not accept payments in favor of a foreign person operating on the Internet on the territory of the Russian Federation, information about which is included in the list specified in part 2 of this article, as well as in favor of a foreign payment service provider, information about which is included in the list specified in part 3 of this article.
- The federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications:
1) has the right, in accordance with the procedure determined by the Government of the Russian Federation, through authorized persons, to perform actions for making a transaction with a Russian legal entity, an individual entrepreneur, a foreign person in order to confirm the fact of carrying out activities for the provision of money transfer services, including electronic money, and (or) accepting payments in favor of a foreign person operating on the Internet on the territory of the Russian Federation, information about which is included in the list specified in part 2 of this article;
2) sends to the Central Bank of the Russian Federation information on cases identified by it of money transfers by Russian credit organizations, including electronic money, in favor of a foreign person operating on the Internet on the territory of the Russian Federation, information about which is included in the list specified in part 2 of this article, or in favor of a foreign payment service provider, information about which is included in the list specified in part 3 of this article, for the Central Bank of the Russian Federation to take measures against such credit institutions and their officials provided for by the legislation of the Russian Federation;
3) has the right to demand and receive from credit institutions (with the consent of the authorized person who performed the transaction actions provided for in paragraph 1 of this part), telecommunications operators, postal operators, information about persons identified on the basis of information received by such a body and (or) the results of the transaction actions provided for in paragraph 1 of this part. The procedure for interaction with these persons, as well as the list of information that can be requested from these persons, the form of the request, the format for submitting information are established by the Government of the Russian Federation (in relation to credit institutions – in agreement with the Central Bank of the Russian Federation).
- Credit organizations, telecom operators, postal operators are obliged to submit the information requested in accordance with paragraph 3 of part 9 of this article within five working days from the date of receipt of the request. If a credit institution, telecommunications operator, postal operator does not have the requested information, the credit institution, telecommunications operator, postal operator shall, within the specified period, inform the federal executive authority performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications about the absence of the requested information.
Article 15. Ban on search results
- The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, in the event of a decision to stop issuing information about an information resource of a foreign person at the request of users, within a day from the moment of making the decision, sends electronically, in accordance with the procedure established by it, to search engine operators distributing advertising on the Internet, which is aimed at attracting the attention of consumers located on the territory of the Russian Federation, the requirement to stop issuing information about the information resource of a foreign person at the request of users.
- Within a day from the moment of receiving the decision specified in part 1 of this article, search engine operators distributing advertising on the Internet that is aimed at attracting the attention of consumers located on the territory of the Russian Federation are obliged to stop issuing information about the information resource of a foreign person on the territory of the Russian Federation at the request of users.
- Search engine operators distributing advertising on the Internet that is aimed at attracting the attention of consumers located on the territory of the Russian Federation are obliged to resume issuing information about the information resource of a foreign person at the request of users within a day from the moment of receiving the decision of the federal executive authority exercising control and supervision functions in the field of mass media, mass communications, information technologies and communications, on the termination of the coercive measure.
Article 16. Prohibition on the collection and cross-border transfer of personal data
- If the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications makes a decision to prohibit the collection of personal data of citizens of the Russian Federation using information resources of a foreign person, the foreign person operating on the Internet on the territory of the Russian Federation, in respect of which the said decision was made, is not entitled to collect personal data of citizens of the Russian Federation.
- A foreign person operating on the Internet on the territory of the Russian Federation has the right to resume the collection of personal data of citizens of the Russian Federation using its information resources from the moment when the federal executive authority performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, information about the decision to terminate the coercive measure in the list specified in part 1 of Article 8 of this Federal Law.
- If the federal executive authority exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications makes a decision to prohibit the cross-border transfer of personal data of citizens of the Russian Federation to a foreign person operating on the Internet on the territory of the Russian Federation, state bodies, local self-government bodies, legal entities or individuals independently or jointly with other persons organizing and (or) processing personal data, does not have the right to carry out cross-border transfer of personal data to a foreign person operating on the Internet on the territory of the Russian Federation, in respect of which the specified decision was made.
- The prohibition of the cross-border transfer of personal data of citizens of the Russian Federation to a foreign person operating on the Internet on the territory of the Russian Federation shall be terminated from the moment when the federal executive authority performing the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, information about the decision to terminate the coercive measure in the list specified in part 1 of Article 8 of this Federal Law.
Article 17. Restriction of access to the information resource of a foreign person
- The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, in case of making decisions on partial or complete restriction of access to an information resource of a foreign person, applies technical means of countering threats provided for installation and operation by paragraphs one and two of paragraph 51 of Article 46 of Federal Law No. 126-FZ “On Communications”of July 7, 2003.
- The federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technologies and communications, within a day from the moment of making a decision to terminate the coercive measure, is obliged to stop partial or complete restriction of access to an information resource of a foreign person using technical means of countering threats provided for installation and operation by paragraphs one and two of paragraph 51 of Article 46 of Federal Law No. 126-FZ “On Communications”of July 7, 2003.
Article 18. Liability for violation of the requirements of this Federal Law
Violation of the requirements of this Federal Law entails liability in accordance with the legislation of the Russian Federation.
Chapter 4. Final provisions
Article 19. The procedure for the entry into force of this Federal Law
- This Federal Law shall enter into force from the date of its official publication, with the exception of provisions for which this article establishes other terms for their entry into force.
- Item 3 of Article 5 of this Federal Law shall enter into force on January 1, 2022.
- Part 6 of Article 10 of this Federal Law shall enter into force on September 1, 2022.
President of the Russian Federation Vladimir Putin