The law "On Advertising": Forced legalization of traffic arbitration or another change that will lead to nothing?

We are talking about changes in Federal Law No. 347-FZ of 02.07.2021 (ed. of 14.07.2022) "On Amendments to the Federal Law "On Advertising"

How will this law affect the arbitration market and will it affect it at all? Let's figure it out

The essence of the law "On Advertising" in simple words:

From September 1, 2022, all online advertising that is shown on the territory of Russia must be marked in a special way. Each advertisement must be assigned a specific individual number.

Let's say you run an ad about a pressure relief with one creative — this is one RC, you run the same ad with the same creative, but with a different target — this is another RC. And each one should have its own individual number.

What kind of advertising should be marked?

Any advertisement that is shown on the territory of the Russian Federation. And at this point comes the most interesting nuance: the text in your blog is advertising. The call to buy your courses in your channel for 400 people is advertising. The recommendation to purchase the product using your link in the public for 10 people is advertising.

Are there any exceptions to the rules?

Yes, and these Push notifications and email newsletters do not fall under mandatory labeling.

What is the reality now?

If you are the owner of the site and the advertising goes through Yandex. Direct. This is direct advertising, i.e. there are no intermediaries between you and Yandex.

You transmit information to the ORD (in this case, Yandex is one of the ORDS), and already Yandex marks your creative and stores it together with information about you in the ERIR.

This information can be accessed by all participants in the chain, the FAS, the Federal Tax Service and Roskomnadzor.

In fact, the advertiser does not assign or transmit anything himself — it's all done by the ORD.

If the advertiser violates the law, he will be fined:

from 2,000 to 2,500 civilians;

from 4,000 to 20,000 for officials;

from 100,000 to 500,000 for legal entities.

In theory, each arbitrageur will have to unfasten from 2,000 to 2,500 thousand rubles if he does not transmit data about creatives to the ORD.

Do ORDS transmit data for free?

Yes, for the duration of the test period. It is unknown how long the test period will last and what the cost of services will be then. The law does not prohibit taking commission from advertisers, so the HORDES will definitely take advantage of this.

Who else is in the HORDE?

At the moment , there are seven companies:

Mediascout (MTS);

OZONE-ORD;

ORD-A (AmberData);

ORD-Development Laboratory (BEAC);

First ORD (Vimpelcom);

Yandex;

VK.

How will this affect arbitrageurs?

If you work with traffic on the bourgeoisie - nothing. The law only applies to advertising for users from Russia. If you work for the Russian market, you will have to fill out information about yourself and the advertiser, label each advertising creative. Over time, you will also have to pay a commission in the ORD for marking, which will negatively affect the profit.

What else will change in the negative direction?

Each creative has an individual number. And if you make some change, then, most likely, you will have to re-register the ad in the ORD. Even if it is a typo correction.

What is the result

Fines for non-compliance with labeling were postponed to 2023. Most likely, this is due to the fact that the RCN itself does not fully understand some of the mechanics of the new law. Someone recommends preparing for changes in advance: register as a self-employed person or look for vacancies offline. Someone advises to wait until the law comes into force and then make a decision.