On February 15, 2024, the new edition of the Russian Code of Advertising and Marketing Communications Practice (the Code) was signed by the heads of 13 Russian public organizations, including the Association of Branding Companies of Russia (ABCR) and the Association of Communication Agencies of Russia (ACAR). The document is currently open for signing.
The provisions remain unchanged on advertising credibility and fair competition, non-discrimination, protection of privacy and personal data, as well as provisions on impermissible types of advertising (reflecting the requirements of Article 5 of the Law “On Advertising”).
The new provisions of the document correspond to changed realities and new legislative developments.
- Direct Sales
In the section “Direct selling technology” (direct selling means offering goods/services to a specific customer, for example, by e-mail), a provision has been added that consent to the processing of personal data for direct selling must be specific, substantive, informed, conscious and unambiguous – these are new requirements of the law “On Personal Data”.
In addition, this section postulates that, in order to withdraw consent to receive marketing communication, “a clear, simple and obvious way must be described that allows the addressee to opt out of receiving it in whole or in part”.
- Advertising Calls
A specific time is established during which advertising calls can be made – from 10:00 a.m. to 6:00 p.m. The user can independently agree on other times for calls.
- Short Messages
When sending messages via SMS and messengers, market participants must obtain the user’s consent to receive such messages. If a subscription to receive messages is put in place online, it is recommended to confirm the phone number by sending a unique code.
Customers should: (i) be informed what company or brand is communicating with them; and (ii) be able to unsubscribe through a simple action (e.g. sending the word “Stop” in response to a message).
- Push Notifications
Push notifications are messages that pop up on the device screen, without you having to go to an app to read them.
Push notifications must be disabled when a user downloads the app, i.e. it is not acceptable to have them set by default. The user must provide consent to receive such notifications, and there must be an option to opt out of receiving notifications by taking a simple action in the app’s settings.
- Enabling advertising
The most challenging part comes last. The Code contains a reminder of an actual change in the law: advertising distributed on the Internet must contain an advertising identifier, the label “advertisement,” and information on the advertiser. You can learn more about advertising labeling requirements from our material.
Impact
In general, the provisions of the Code are aimed at making the process of advertising communication as convenient and transparent as possible for the consumer, so that he/she can obtain all the necessary information and make an informed choice as to whether or not to buy, and whether or not to share personal data.
The provisions of the Code are not legally binding. Rather, the Code is a general summing up of legal requirements in the field of advertising and intellectual property law, competition law and personal data protection. Signing the document confirms that the organization is aware of the provisions of the laws and intends to comply with them. Violation of the Code will not entail liability, except for reputational damage. However, violating the Code’s provisions is still not a good idea, because the Code provides an overview of the requirements of current legislation. Thus, a violation of legislative norms will definitely entail liability, which may be civil, administrative and, in some cases, even criminal.