Online Advertising and Its Labeling: How to Avoid Fines

The law on mandatory advertising labeling has been in effect for several years, yet violations remain widespread. Let's examine who is affected by the requirement, what exactly needs to be done, and what sanctions are threatened for mistakes.

Since September 1, 2022, all internet advertising in Russia must be labeled: it must contain the label "Advertisement," the advertiser's data, and a token — a unique identifier assigned by the advertising data operator (ADO). These requirements are enshrined in Federal Law No. 38-FZ "On Advertising" and apply to any commercial content distributed online.

What is labeling and why is it needed

Labeling is a system for accounting internet advertising, allowing the state to see who is promoting what and with whose money. The legal basis is Article 18.1 of Federal Law No. 38-FZ "On Advertising" (introduced by Federal Law No. 347-FZ of 02.07.2021, effective in the version of 26.12.2024 No. 479-FZ), which obliges Roskomnadzor to account for, store, and process information about internet advertising. It is on this basis that the unified register of internet advertising (ERIR) operates: Roskomnadzor receives data on all advertising campaigns — participants in the chain, budgets, creatives, and their reach through it.

Goal — market transparency, combating "gray" advertising and violations of requirements regarding prohibited goods and services. A side effect is new obligations and risks of fines for all market participants.

Who is required to label advertising

The requirement applies to all participants in the "advertising chain": advertisers (advertising customers), advertising distributors (platforms and publishers), advertising agencies and intermediaries, as well as advertising system operators (Yandex.Direct, VK Advertising, etc.). Individuals promoting their goods or services on their own social networks are also included.

What advertising is subject to labeling

Any advertising content placed on the internet and aimed at a Russian audience is labeled: banners and teasers, social media posts with commercial offers, integrations with bloggers and influencers, contextual and targeted advertising, advertising emails, native publications on media platforms, advertising articles, and sponsored content.

Common misconception

Many believe that labeling is not needed for "organic" publications or posts without direct payment. This is incorrect: if a publication is created or placed for compensation in any form (money, goods, discounts, services), it is considered advertising and must be labeled.

What is NOT considered advertising: analysis by FAS

Before labeling content, it is necessary to ensure that it is indeed advertising. Part 2 of Article 2 of the Federal Law "On Advertising" explicitly lists nine categories of information that are exempt from the law. FAS Russia, in Order No. 821/23 of 14.11.2023, provided detailed explanations on the application of these norms in practice — including in relation to the internet and social networks. Below is an analysis of all categories with practical examples.

1. Political advertising, election campaigning, and referendum campaigning

Political advertising is completely excluded from the scope of the Advertising Law (clause 1, part 2, article 2 of Law No. 38-FZ) and is regulated by special electoral legislation. This means that campaign materials of candidates and parties, campaigning "for" or "against" in a referendum are not subject to labeling requirements under the advertising law. However, the placement of such campaigning on the internet is subject to other rules established by the Federal Law "On Basic Guarantees of Electoral Rights."

2. Information required to be disclosed by law

Information that an organization is required to publish by regulatory acts (details in contracts, mandatory information in a periodical publication according to Article 27 of the Media Law, disclosure of information by securities issuers, etc.) is not subject to advertising legislation. For example, the name of a newspaper, executed as a logo, is a mandatory requisite, not advertising (clause 2, part 2, article 2 of Law No. 38-FZ).

3. Reference and analytical materials

Market reviews, scientific research, analytics, industry reports — all of this is not advertising if their main purpose is not to promote a specific product (clause 3, part 2, article 2 of Law No. 38-FZ). Editorial articles, TV and radio programs, videos, and other informational materials that do not generate interest in a specific product are also exempt from the law — provided they are not hidden advertising.

4. The manufacturer's or seller's own website, social networks, and application

Information about the range of products, prices, discounts, and purchase conditions posted on the official website, official social media page, or mobile application of the manufacturer or seller is not considered advertising — provided two conditions are met: the information is intended to inform visitors about the range and is grouped by categories/sections. The same applies to information about the company's own promotions, events, and counterparties (partners) on its resources.

5. Catalogs and aggregators

Uniform information about products from different manufacturers in a marketplace or aggregator catalog is not advertising, as it does not highlight a specific product among similar ones and does not generate special interest in it. Product cards in an online store, ads in ad aggregators — similarly.

6. Search results for a user's query

Organic search results are not advertising: the user formulated the query themselves, and the information is provided in response to it. Another matter is a paid ad (contextual advertising) or a pop-up banner on the results page: such material is recognized as advertising and is subject to labeling.

7. Customer reviews

Reviews in special sections of websites contain the personal opinions of customers and are not advertising. Similarly, a personal publication on a social network in which the author shares their impression of a product without a commercial purpose is considered reference and informational material. However, if such a publication contains explicit calls to purchase, excessive praise of the product, or is made for compensation, FAS has the right to qualify it as advertising.

8. Sponsor logos in a special section of the site

Placing information about sponsors and partners (including their logos) in a special "Partners" or "Sponsors" section on the official website of an event or organization is not advertising if such information does not generate independent interest in the sponsor and does not aim to promote them.

9. Messages from government authorities and local self-government

Official messages from federal, regional, and municipal authorities are not recognized as advertising if they do not contain advertising information and are not social advertising (clause 4, part 2, article 2 of Law No. 38-FZ). This applies, in particular, to official publications on government websites, warnings from Rospotrebnadzor, messages from the Ministry of Emergency Situations, and similar materials. As soon as such a message begins to promote a specific product or service, it acquires an advertising character.

10. Signs, indicators, and announcements outside of entrepreneurial activity

Signs and indicators that do not contain advertising information (for example, a regular plaque with the name of the organization and working hours at the entrance to the office) are not advertising (clause 5, part 2, article 2 of Law No. 38-FZ). Similarly, announcements by individuals or organizations not related to entrepreneurial activity (clause 6, part 2): an announcement about the sale of personal property, searching for a travel companion, private tutoring service announcements without systematic profit extraction. The boundary is drawn by the criterion of entrepreneurial activity: as soon as the announcement has a systematic commercial nature, it becomes advertising.

11. Organic mentions in works of science, literature, and art

Mentions of a product, brand, manufacturer, or seller organically integrated into a work of science, literature, or art and not in themselves advertising information are not subject to the Advertising Law (clause 9, part 2, article 2 of Law No. 38-FZ). The key word here is "organically": the mention must be an integral part of the work, not an inserted advertising block. A hidden advertising message disguised as an artistic text or review is advertising, not an exception to the law.

The boundary is blurred: when information becomes advertising

FAS emphasizes: the classification of material as advertising or information is determined in each specific case, based on the content and all circumstances of placement. A stationary banner on every page of a seller's website, clearly highlighting a specific product among others, is already advertising. Information about third-party companies on a manufacturer's website that attracts attention to these companies is also advertising. In case of any doubt, it is safer to apply labeling.

Three mandatory elements of labeling

1. Label "Advertisement"

It must be clear, legible, and positioned so that the consumer can see it before becoming acquainted with the advertising message. "Advertising message" is also acceptable — but not foreign equivalents (Ads, #ad, Sponsored) without a Russian equivalent.

2. Advertiser's data

Taxpayer Identification Number (TIN) and the name of the legal entity or individual entrepreneur; for individuals — full name and TIN. The information must be accessible to the consumer: either placed directly in the ad or via a link to the advertiser's card in ERIR.

3. Token (erid)

A unique identifier assigned by the advertising data operator before placement begins. The token is placed in the URL (parameter erid=) or in the ad text. Without a token, the creative is technically not registered in the system.

Advertising Data Operators (ADO)

ADOs are organizations accredited by Roskomnadzor through which advertising registration is conducted. They assign tokens and transmit statistics to ERIR. As of 2025–2026, several accredited ADOs operate in Russia:

Advertising Data Operators

1. Yandex ADO — ord.yandex.ru
2. Ozon ADO — ord.ozon.ru
3. ADO-A — ord-a.ru
4. Development Laboratory — ord-lab.ru
5. First ADO — 1ord.ru
6. VK Advertising Technologies — ord.vk.com
7. MediaScout — mediascout.ru
8. RWB Platform — rwb-media-ord.ru

The choice of ADO is up to the advertiser or agency. Major advertising systems (Yandex.Direct, VK Advertising, Ozon) work with their ADO automatically; other operators are available for direct connection.

Advertising labeling procedure:

Step 1. Conclude a contract with ADO

Register with the chosen operator, provide data about the legal entity or individual entrepreneur.

Step 2. Register the advertiser and customer 

If you are an agency — register the client. ADO will assign them an identifier in ERIR.

Step 3. Register the creative and obtain a token 

Before placement begins, provide ADO with information about the ad (text, image, link). Obtain erid — token.

Step 4. Place the ad with labeling 

Add the label "Advertisement," advertiser's data, and token to the ad/publication.

Step 5. Submit statistics 

After placement ends (within 30 days after the reporting month), submit data on impressions to ADO: dates, reach, expenses. ADO transmits them to ERIR.

Labeling is not bureaucracy for the sake of bureaucracy, but an opportunity to prove the integrity of your advertising activities and avoid multimillion-dollar fines.

Fines: detailed analysis of Article 14.3 of the Administrative Code of the Russian Federation

Administrative liability for violations in the field of advertising is established by Article 14.3 of the Code of Administrative Offenses. In recent years, sanctions have significantly increased — especially regarding the labeling of internet advertising. It is important to understand that different compositions of violations are qualified under different parts of the article.

Part 1 of Article 14.3 of the Administrative Code of the Russian Federation — violation of general advertising requirements

This is the "basic" part: it applies to violations of any requirements of the Advertising Law that are not covered by special norms. In the context of internet advertising, this includes, in particular, placing advertising without the label "Advertisement" or with unreadable, disguised labeling.

Parts 16–17 of Article 14.3 of the Administrative Code of the Russian Federation — violations of internet advertising labeling requirements

Special norms introduced in connection with mandatory online advertising labeling. Part 16 applies to placing advertising on the internet without a token (erid), without the label "Advertisement," or without advertiser information. Part 17 — for failure to provide or providing false data to the advertising data operator (ADO), as well as for violating the order of storing advertising information.

Part 14 of Article 14.3 of the Administrative Code of the Russian Federation — repeated violation

Repeated commission of violations provided for by parts 11, 12, or 13 of Article 14.3 of the Administrative Code of the Russian Federation (to which Part 14 refers as basic compositions) entails significantly higher sanctions. Fines under Part 14 are applied if a person has already been held liable for a similar violation and committed it again within the period during which they are considered to be subject to administrative punishment (usually one year).

Liability under Article 14.3 of the Administrative Code of the Russian Federation is borne by all participants in the advertising process: advertiser, agency, advertising distributor (platform, blogger). The fine is imposed on each independently. If three parties participated in the campaign and all violated labeling requirements, there are three separate fine orders. In large-scale campaigns, cumulative sanctions can easily amount to millions of rubles.

Who is authorized to initiate cases

The powers to hold accountable are distributed between two agencies. Cases of administrative offenses under Article 14.3 of the Administrative Code of the Russian Federation (violation of advertising legislation, including labeling requirements) are considered by FAS Russia and its territorial bodies — in accordance with Article 23.48 of the Administrative Code of the Russian Federation, which directly assigns to their competence, including parts 1–14 and 18 of Article 14.3 of the Administrative Code of the Russian Federation.

Roskomnadzor and its territorial bodies operate in an independent sphere: in accordance with Articles 23.44 and 28.3 of the Administrative Code of the Russian Federation, their officials draw up protocols and consider cases of administrative offenses provided for by parts 2, 3, and 5 of Article 14.3.1 of the Administrative Code of the Russian Federation — in particular, for advertising aimed at gaining access to information, the distribution of which is restricted in Russia.

Typical mistakes and how to avoid them

Mistake 1: token obtained but not placed

Obtaining a token in ADO itself does not exempt from the obligation to indicate it in the ad. Erid must be visible in the advertising material: in the text, in the URL parameter, or in the banner metadata.

Mistake 2: labeling "buried" in small print

The label "Advertisement" must be noticeable. Regulatory authorities pay attention to contrast, font size, and label placement. Gray text 6pt on a white background in the corner of the banner is a violation.

Mistake 3: blogger thinks labeling is the advertiser's responsibility

All parties are responsible. If a blogger places an integration without labeling, both they and the advertiser will receive a fine. The contract with the blogger should include their obligation to independently label the content or provide the advertiser with materials for registration.

Mistake 4: forgot to submit statistics

Labeling is not only a token before the campaign starts but also reporting afterward. Data on impressions must be submitted to ADO no later than 30 days after the end of the reporting month. Missing the deadline is an independent basis for a fine.

Mistake 5: relaunching old creative without a new token

If you reuse a previously published ad, you need to obtain a new token. Each placement is registered separately. One token for the entire duration of the campaign is insufficient when changing the platform or period.

Checklist: check yourself before launching advertising

• A contract with an accredited ADO is concluded
• The advertiser is registered in the ADO system with the TIN specified
• A unique token (Erid) is obtained for each creative before placement begins
• The ad contains a clear, legible label "Advertisement"
• The ad specifies the name and TIN of the advertiser (or a link to the card in ERIR)
• The Erid token is placed in the URL or in the body of the advertising material
• The blogger or platform is notified of the labeling obligation, and the conditions are fixed by contract
• After the campaign ends, the transfer of statistics to ADO is planned
• Reporting deadlines are entered into the work calendar (by the 30th of the following month)

Special cases: what to consider

Advertising in Telegram

Telegram channels targeting a Russian audience are subject to the law's requirements. The channel owner, when placing paid advertising, must obtain a token and label the post. An unregistered Telegram channel does not exempt from responsibility. The fact of advertising distribution is important, not the platform's registration.

Targeted advertising in blocked networks

Formally, placing advertising on platforms blocked in Russia may itself be a violation of other norms. If the advertising nevertheless reaches a Russian audience (through VPN, etc.), Roskomnadzor has the right to apply labeling requirements.

Advertising by a foreign advertiser

If a foreign company places advertising aimed at Russian consumers, the obligation to label arises for the Russian intermediary or platform. The contract with the foreign customer must explicitly regulate this issue.

Key takeaway

Internet advertising labeling is a technically simple but disciplined procedure. The main risk is not in labor intensity but in an unsystematic approach: forgotten tokens, unsent reports, uncoordinated conditions with bloggers. Implement a clear regulation at the level of the marketing department or agency, and fines will not threaten you.

Best wishes,

Lyubov, lawyer at FoodSoul