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Advertising Labeling
до 28 февраля
Since 09/01/2022, online advertisements must be labeled, with certain exceptions.
These are the most relevant questions and answers:
- Label it as "Advertisement"
- Add an advertising identifier to the website page's URL https://site.ru/?erid=base58(protobuf) or place an "erid: xxx" label at the beginning of the text block, above the text and graphic block, at the beginning of the video, or above the video.
- Provide the name and TIN of the advertiser and/or the website containing information about the advertiser.
Any information, if:
1) draws consumers' attention to specific goods, works, or services
2) adressed to the general public
In what specific situations is it necessary to label information?
Website announcement with poster of new residential complex sales launch in Moscow — advertisement
A post on a beauty channel about a great mortgage deal for apartments in a residential complex — advertisement
A Blogger’s story about choosing apartments from a developer — advertisement
1) draws consumers' attention to specific goods, works, or services
2) adressed to the general public
In what specific situations is it necessary to label information?
- If you place advertisements for real estate properties or developers with bloggers, brands not related to real estate sales, and on non-specialized websites.
Website announcement with poster of new residential complex sales launch in Moscow — advertisement
A post on a beauty channel about a great mortgage deal for apartments in a residential complex — advertisement
A Blogger’s story about choosing apartments from a developer — advertisement
- If information draws attention to a specific property or developer.
Yes, advertisements placed on websites related to real estate sales are counted.
- In real estate agency social media posts.
Are you talking about a particular apartment or presenting a residential complex? The FAS can review publications such as advertising.
- Posting curated listings of real estate properties on social media pages of real estate agencies.
Yes, this might sound complicated because most social media posts by real estate agencies and developers formally fall under advertising. At the same time, we see that many developers and real estate agencies don’t label their posts. You can refer to your larger colleagues, but keep in mind that regulatory bodies may have their own opinion on advertising materials.
We recommend labeling such posts until the legal precedent is set, in order to avoid potential risks.
Conclusion: If you provide information to consumers, discuss the market broadly, and don’t emphasize a specific property or developer, you can avoid advertising labeling laws. It’s all about presentation.
But how exactly can i attract buyers' attention to specific properties? There’s also an alternative — posting information about several properties in one post, ideally from different developers. You can also publish selections on general themes. For example, "Apartments with panoramic windows", "Apartments with a price up to 1 million", etc.
The advertiser is entitled to delegate this obligation to the advertising distributor.
In accordance with the terms of the offer, in case of placing advertising information, the obligation to mark it rests with the agency, which according to the advertising legislation are considered advertising distributors.
In accordance with the terms of the offer, in case of placing advertising information, the obligation to mark it rests with the agency, which according to the advertising legislation are considered advertising distributors.
A clear instruction is available on the official website of Roskomnadzor.
A clear instruction is available on the official website of Roskomnadzor.
The information is specified in the advertising regulations.
Failure to provide an advertising identifier (ERID) or violation of requirements for its placement shall result in a fine of 200,000 to 500,000 rubles for legal entities, and 30,000 to 100,000 rubles for individual entrepreneurs.
Failure to mark "advertisement" shall result in a fine of 100,000 to 500,000 rubles for legal entities, and 4,000 to 20,000 rubles for individual entrepreneurs.
Failure to provide information (reporting) to Roskomnadzor shall result in a fine of 200,000 to 500,000 rubles for legal entities, and 30,000 to 100,000 rubles for individual entrepreneurs.
Failure to mark "advertisement" shall result in a fine of 100,000 to 500,000 rubles for legal entities, and 4,000 to 20,000 rubles for individual entrepreneurs.
Failure to provide information (reporting) to Roskomnadzor shall result in a fine of 200,000 to 500,000 rubles for legal entities, and 30,000 to 100,000 rubles for individual entrepreneurs.
No, because this information is considered reference and informational, it is addressed to professional market participants (real estate agencies).Information provided on this website about real estate properties is for informational purposes only and does not constitute advertising.
Federal Law "On Advertising" of March 13, 2006 No. 38-FZ
Article 14.3 of the Code of Administrative Offenses of the Russian Federation
Government Decree of the Russian Federation of May 25, 2022 No. 948 (On criteria for assigning to individuals obliged to carry out labeling)
Government Decree of the Russian Federation of May 28, 2022 No. 974 (On interaction between the RKN and the ORD)
Government Decree of the Russian Federation of May 28, 2022 No. 966 (On the ORD)
Government Decree of the Russian Federation of May 28, 2022 No. 969 (On access to the ERIR for the FAS and the FTS)
Government Order of the Russian Federation of May 30, 2022 No. 1362-r (On the composition of the ERIR data)
Roskomnadzor Order of April 11, 2022 No. 62 (On the ORD register)
Roskomnadzor Order of April 11, 2022 No. 63 (On access of entities to the ERIR)
Roskomnadzor Order of April 11, 2022 No. 64 (On requirements for ORD software)
Roskomnadzor Order of November 30, 2022 No. 191 (On requirements for advertising identifiers)
Government Decree of the Russian Federation of December 20, 2022 No. 2355 (On deadlines for transmitting information to the ORD and ERIR)
Article 14.3 of the Code of Administrative Offenses of the Russian Federation
Government Decree of the Russian Federation of May 25, 2022 No. 948 (On criteria for assigning to individuals obliged to carry out labeling)
Government Decree of the Russian Federation of May 28, 2022 No. 974 (On interaction between the RKN and the ORD)
Government Decree of the Russian Federation of May 28, 2022 No. 966 (On the ORD)
Government Decree of the Russian Federation of May 28, 2022 No. 969 (On access to the ERIR for the FAS and the FTS)
Government Order of the Russian Federation of May 30, 2022 No. 1362-r (On the composition of the ERIR data)
Roskomnadzor Order of April 11, 2022 No. 62 (On the ORD register)
Roskomnadzor Order of April 11, 2022 No. 63 (On access of entities to the ERIR)
Roskomnadzor Order of April 11, 2022 No. 64 (On requirements for ORD software)
Roskomnadzor Order of November 30, 2022 No. 191 (On requirements for advertising identifiers)
Government Decree of the Russian Federation of December 20, 2022 No. 2355 (On deadlines for transmitting information to the ORD and ERIR)
Any information, if:
1) draws consumers' attention to specific goods, works, or services
2) adressed to the general public
In what specific situations is it necessary to label information?
Website announcement with poster of new residential complex sales launch in Moscow — advertisement
A post on a beauty channel about a great mortgage deal for apartments in a residential complex — advertisement
A Blogger’s story about choosing apartments from a developer — advertisement
1) draws consumers' attention to specific goods, works, or services
2) adressed to the general public
In what specific situations is it necessary to label information?
- If you place advertisements for real estate properties or developers with bloggers, brands not related to real estate sales, and on non-specialized websites.
Website announcement with poster of new residential complex sales launch in Moscow — advertisement
A post on a beauty channel about a great mortgage deal for apartments in a residential complex — advertisement
A Blogger’s story about choosing apartments from a developer — advertisement
- If information draws attention to a specific property or developer.
Yes, advertisements placed on websites related to real estate sales are counted.
- В постах в соц. сетях агентств недвижимости.
Are you talking about a particular apartment or presenting a residential complex? The FAS can review publications such as advertising.
- Posting curated listings of real estate properties on social media pages of real estate agencies.
Yes, this might sound complicated because most social media posts by real estate agencies and developers formally fall under advertising. At the same time, we see that many developers and real estate agencies don’t label their posts. You can refer to your larger colleagues, but keep in mind that regulatory bodies may have their own opinion on advertising materials.
We recommend labeling such posts until the legal precedent is set, in order to avoid potential risks.
Conclusion: If you provide information to consumers, discuss the market broadly, and don’t emphasize a specific property or developer, you can avoid advertising labeling laws. It’s all about presentation.
But how exactly can i attract buyers' attention to specific properties? There’s also an alternative — posting information about several properties in one post, ideally from different developers. You can also publish selections on general themes. For example, "Apartments with panoramic windows", "Apartments with a price up to 1 million", etc.
