Understanding the intricacies and avoiding fines: 5 nuances in advertising labeling in 2023

The law on labeling is almost a year old, but experts are still arguing about the subtleties and nuances of publications – there are so many of them. We look at the main points and shar advice so that you don’t miss anything.

What does advertising labeling mean?

On September 1, 2022, a law on accounting of online advertising came into force in Russia. All promotional materials will now ne to be mark with unique tokens and enter into the Unifi Register of Internet Advertising (ERIR) through intermiaries, advertising data operators (ORD).

The advertiser has 30 days following the month of the ad placement to send the report. During this time, it is necessary to submit to the ORD acts with statistics, placement dates and expenses.

This also applies to long-term advertising campaigns, for example:

you run a campaign from January to April – at the end of January you ne to send a report by March 2;
The report for February must be submitt by March 30;
The report for March must be submitt by April 30, and so on.

Scheme of interaction between participants and departments when placing advertisements and transferring data
The companies were given a year to sort out the details — Roskomnadzor was understanding of the situation, because advertisers and agencies ne to get us to the new rules and develop a specific procure for each specific case. For now, fines can only be impos for the absence of the “Advertisement” mark, and not for the absence of a token. But from September 1, 2023, fines for publishing advertisements without marking will come into effect.

Nuance #1. Non-obvious formats

Advertising is consider to be information that:

If you offer something of value in usa usa phone number data phone number data to attract customers, such as a discount or a free resource, offering these things will make customers interested in your service or product. And as a result it will be convenient to get new customers as well as old customers. This will improve your organization.

address to an indefinite number of persons,
aim at drawing attention to an object/service,
emotionally charg,
may contain calls to purchase.
But payment for an ad is not consider an advertising criterion – even free promotional posts must be mark with a token.

phone number data

It is definitely not necessary to label:

Social advertising, mailings in personal messages in instant messengers and email mailings to your own customer base , push notifications, TV and radio advertising that is publish on the Internet without changes .

At the same time, the list of forms and formats is not precisely defin, so any message that fits the description of advertising in the feral law must be mark. These are contextual, target ads, native and mia integrations. The law also covers non-obvious formats:

podcasts,

integration into broadcasts,

stories,

videos,

circles in the Telegram channel.

Please be careful when posting such content. If in doubt, it is best to check with the advertising data operator whether the information is advertising.

About self-promotion

Traditionally, the Feral Antimonopoly Service does not recognize information about the company’s product range and business activities as advertising, which are publish in a uniform style. Information about services and goods on the company’s own website or in social networks is not taken into account. Informational and analytical articles, reviews also do not ne to be mark.

But a continuous banner that is visible on all pages of the site at once will be consider advertising if it draws attention to a specific product/service and contains a special offer/discount. In ORD, self-promotion is issu separately – you ne to create an agreement and an act, and indicate yourself as the advertiser.

About native advertising

Another format that is difficult to label is native advertising. According to the FAS , it is not consider advertising if the information is organically integrat into works of art (videos, paintings, sketches). Here you ne to act more intuitively.

For example:

Beauty blogger Masha uses brand cosmetics phone number my in her videos – she shows how to use them and shares her experience with subscribers, without highlighting a specific product or calling for it to be purchas. This will not be consider advertising – the product is us for its intend purpose.
In a video, food blogger Sergey shares a recipe for a steak that he cooks on a brand grill. He highlights the product among others, talks about its advantages, encourages people to buy it, and shares the address of a store where you can find such a grill. This will be consider advertising, and such a post will have to be label.
The rules apply not only to videos, but also to audio, text messages and any other formats, such as circles in Telegram.

Nuance #2. Choosing the right operator

Advertising data operators are intermiary companies that register advertising messages and send them to ERIR. It is ORD that transfers all information about advertising campaigns to Roskomnadzor – you cannot do this independently .

The list approv by Roskomnadzor includes 7 operators: Thus, ORD VK is suitable for launching advertising in VKontakte and create a safe space where team MyTarget. ORD Yandex is convenient to use for accounting of advertising through Yandex services: Direct, Business, Promo Pages. For this purpose, the interface already provides fields for entering information. For example, if you have set up advertising in Yandex Business and work directly, and not through intermiaries, it will be enough to enter the data in your personal account – Yandex takes on the submission of reports and acts.

There are independent ORDs that are not ti to any services. For convenience, you can conclude contracts with several platforms at once.

Nuance #3. Token location depending on format
Token is a unique code in which the creative identifier and ORD are encrypt.

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