New fines for violation of localization of personal data
Телефон
Saint-Petersburg

New fines for violation of localization of personal data

New fines for violation of localization of personal data

LEGAL DIGEST \ 16.12.2019

The State Duma in the third reading passed a bill providing for the imposition of administrative liability for violation of the rules of localization of personal data (hereinafter – PD). Now the amount of the fine may amount up to 18 million rubles. It should be noted that earlier the legislation did not provide for a particular administrative punishment for violations in the field of localization of PD.

We would like to start this matter with a reminder that the requirement for localization of PD in its collection is to ensure the recording, systematization, accumulation, storage, rectification and extraction of such PD using databases located in the territory of the Russian Federation. According to the amendments incorporated in the Administrative Violations Code of the Russian Federation, fines for such violations will amount to:

  • for officials – 100 – 200 thousand rubles;
  • for legal entities – 1 – 6 million rubles.
    At repeated violation fines will be increased and will amount to:
  • for officials – 500 – 800 thousand rubles;
  • for legal entities – 6 – 18 million rubles.

Among other issues, the administration bill provides for the imposition of fines for repeated violations of particular provisions of the Federal law dated 27/7/2006 No. 149 “On Information, Information Technologies and the Protection of Information” relating to:

  • Facilitators of information dissemination (for example, social networks, cloud services, etc.) – up to 6 million rubles.
  • Owners of messengers – up to 2 million rubles.
  • Search engine operators – up to 5 million rubles.
  • Owners of audiovisual services – up to 5 million rubles.

Indicated requirement applies not only to Russian companies, but also to foreign organizations that do not have a physical presence in Russia, if its activities are directed at the territory of Russia.

The following circumstances may indicate the presence of the orientation of the website on the territory of the Russian Federation:

  • the use of a domain name associated with the Russian Federation or a territorial entity of the Russian Federation (.ru, .rf., .su, .moskva., moscow, etc.);
  • the availability of the Russian-language version of the website created by the owner of such website or on its instruction by another person
  • the possibility of making payments in Russian rubles;
  • the possibility of performance of the agreement, concluded on such website, in the territory of the Russian Federation;
  • the use of advertising in Russian, referring to the relevant website.

Failure to localize bases with personal data creates a threat to the security of citizens, to the functioning of critical information infrastructure, interferes with the effective fight against terrorism and extremism.
In the matters of application of legislation in the sphere of personal data, please contact specialists of Acsour Legal Department.

Дмитрий Воронов