In 2022, new provisions of the Federal Law 'On Advertising' came into force. Now, all online advertising will need to be labeled.
In this material, we will explain what labeling is and why it is necessary, how to submit data to the Unified Register of Advertisements, and the consequences of non-compliance with the law.
What is labeling and why is it necessary
The correct labeling of advertising publications includes three points:
- Place the 'Advertisement' marker;
- Provide information about the advertiser;
- Obtain a unique token.
A token is a unique combination of numbers and letters that is either placed in the advertiser's link or simply inserted into the textual part of the publication. More details about tokens are below.
All information about advertising will be transmitted and stored in the Unified Register of Internet Advertising (ERIR), which is under the control of Roskomnadzor.
Advertising labeling is necessary to increase transparency in the advertising market and simplify the fight against fraudsters. Additionally, ERIR is connected to the Federal Tax Service (FNS), which facilitates tax compliance monitoring.
What needs to be labeled in 2023
Labeling is required for all online advertising distributed within the territory of the Russian Federation. According to the laws, everything that:
- captures attention to the advertised object;
- is directed at potential consumers rather than a specific individual.
At the same time, the format of the advertising can be anything - video, audio, text, and images. Anything that promotes a product or service needs to be labeled, even if the publication is made for free.
What doesn't need to be labeled
- Societal advertising.
- Push notifications and email campaigns to a closed customer base.
- Advertisements on reselling platforms (Avito, Yula, and others).
- Advertising for television and radio broadcasting on the internet if it is broadcast in the same form as it was originally aired.
- Advertising for foreign markets.
With self-promotion on one's personal website and other personal resources, it's still unclear. There is only an official letter from Roskomnadzor where they recommend marking this type of advertising to avoid misunderstandings.
How to launch advertising in 2023
Now, before launching advertising in 2023, you need to understand two important innovations: ORDs and tokens.
Where to obtain a token and where to place it
Unique tokens are issued by advertising data operators (ORDs). To obtain one, you need to prepare the advertising campaign and send it to the operator, providing all the necessary information. The token is issued instantly.
Typically, the token is obtained by the entity responsible for creative development. However, this responsibility can be transferred to the advertising publisher by including it in the contract.
You can place tokens:
- In audio format - as text below audio advertising or in the audio player interface;
- In video format - at the beginning or overlaid on the video;
- In images - overlaid on pictures;
- In text format - as the inscription 'erid: XXX';
- In clickable links - after the website address 'www.xxx.ru/?erid: XXX'.
How to correctly label advertising
In a labeled advertising publication, the following should be included:
- The token;
- The 'Advertisement' label;
- Information about the advertiser.
There are no specific font requirements, but the text must be legible and easily readable. As information about the advertiser, you can include the OGRN (Primary State Registration Number), TIN (Taxpayer Identification Number), the advertiser's name, and the registered trademark.
ORD - what is it and who needs to enter into a contract
ORD stands for Operator of Advertising Data, who transmits all the information to ERIR. It is essential to have an ORD because you cannot independently submit data to the registry.
As of April 2023, Roskomnadzor has approved seven ORD (Operators of Advertising Data).
- Sber's 'Development Laboratory';
- Amberdata's 'ORD-A';
- Ozon's 'OZON ORD';
- MTS's 'MediaScout';
- Yandex's 'Yandex Advertising Data Operator';
- VK's 'VK Advertising Technologies';
- Beeline's 'First ORD'.
You can choose an ORD at your discretion. However, advertising placement on Yandex, VK, and Ozon can be done without entering into an agreement with an external operator.
Data must be submitted through ORD by advertisers, advertising publishers, and intermediaries (advertising agencies). However, there are exceptions - when the contract explicitly specifies the advertising publisher's responsibility for labeling. In that case, all responsibility for non-compliance with the law will fall on them.
How to include advertising labeling in the contract
The labeling should be applied to the creative before the advertising is launched. However, whether it is the responsibility of the advertiser or the advertising distributor depends on their agreement.
The law clearly stipulates that both parties must report to ERIR. However, the advertiser has the right to delegate the labeling responsibility to the advertising distributor if it is specified in the contract.
There is no universal template for what needs to be included in the documents. However, here is an example of commitments that can be included in the contract.
- The Contractor undertakes to include the advertising identifier in all advertising materials.
- The Contractor undertakes to transmit information about the distribution of advertising to ERIR through ORD on behalf of the Client.
- The Client undertakes to provide the Contractor with complete and accurate information necessary for conducting the advertising campaign and providing reports in a timely manner.
Advertising launch algorithm in 2023
The advertiser must enter into a contract with the ORD and fill out information about themselves and the contract with the advertising distributor (date, number, subject) in their personal account.
The advertising distributor must also enter into a contract with the ORD, provide information about themselves and the contract with the client, and add a link to the resource where the advertising will be placed.
After that, you need to obtain a token and launch the advertising campaign.
When the advertising campaign is completed, both parties must submit a report on the work done to the ORD, including contract data, acceptance certificates, a list of creatives, and statistics of impressions.
If the advertiser has delegated the responsibility for filling out the report to the advertising distributor in the contract with the ORD, then they have the right not to report.
What are the consequences of not providing data to ERIR
At the moment, fines are imposed only for the absence of the 'Advertisement' label and information about the advertiser. There are currently no penalties for the absence of a token or for not providing reports to the ORD.
- For individuals - 2,000-2,500 rubles.
- For individual entrepreneurs (IP) - 4,000-20,000 rubles.
- For small businesses - 50,000-250,000 rubles.
- For medium and large businesses - 100,000-500,000 rubles.
At the 'Business Petersburg' roundtable, a representative of the Federal Antimonopoly Service (FAS) mentioned that there are currently no plans to impose fines for non-compliance with labeling. However, this information is unofficial and is not found on the official websites of the authorities or in the laws.
So, proper labeling involves providing information about the advertiser, using a token, and including the "Advertisement" label in the publication. Before launching a campaign, all parties must enter into a contract with the ORD, which will transmit all advertising-related information to ERIR.