Expert How not to fall into fines and locks in the social. network
Social media used to be a field of freedom where you could sell, educate, express and build a personal brand. Today it is risk zoneespecially for those engaged in marketing, promotion, collection of applications and sales through funnels. Experts, bloggers and small businesses fall into the field of view of Roskomnadzor, the Federal Tax Service, the Ministry of Information and other supervisory bodies.
The main legal risks in social networks
The most acute risk areas:
Advertising = fine
- Advertising (even through a blog) should be advertising be logged in.
- No marking = fine up to 700,000 .
- Even an “innocent post” linking to a product can be considered advertising.
- The responsibility is:
advertiser,
Advertising distributor (social network, blogger),
Technical contractor.
Personal Data = Notifications
- If you collect data (mail, phone, name) through:
quiz,
landings,
social media forms. You must notify Roskomnadzor.
- Failure to enter the register of PD operators = fine up to 75,000 .
- It is also necessary:
Privacy policy;
consent to the processing of PD;
data storage on the territory of the Russian Federation;
Leak protection.
Social media = bans and registries
- Roskomnadzor leads registerwhich are subject to restrictions.
- Forbidden:
Placement of advertising in social networks recognized as “infringers” (for example, Meta is recognized as extremist);
use of user data without their consent;
Promote accounts without registering an advertising system (ADS).
- Violations = fines, blockages and criminal risks.
Sales funnels = responsibility
- Funnels with auto funnels, retargeting, mailings and CRM can:
violate the rules of PD processing;
fall under the regulation of advertising;
Be subject to a tax audit (if there is no IP/LLC).
- If the funnel brings regular income, this is an entrepreneurial activity, and for it you can get:
fine;
before 6 months of arrest Article 171 of the Criminal Code.
Who is particularly at risk
| Category | Why are you at risk? |
| Infobusiness | Work with PD, lead funnels, often without a legal entity |
| Bloggers | Get paid for advertising without labeling it |
| Online schools | Data collection, car funnels, advertising in social networks |
| Marketers. | Advertising for customers but breaking laws |
| SMM agencies | Posting without making documents or reports |
Implications for business and experts
- Financial risks:
- fines from 10,000 to 700,000 ы;
- return of income by court decision;
- blocking websites, accounts and domains.
- Image losses:
- Getting into the “register of violators”;
- loss of customer confidence;
- Deleting accounts without the possibility of recovery.
- Legal risks:
- blocking on the complaint of competitors;
- criminal liability for illegal activities;
- Check the tax and Roskomnadzor.
How to reduce risks: step-by-step instructions
1. Apply for legal activities
- Register an IP or LLC;
- Consider income and pay taxes;
- Write contracts with contractors and customers.
2. Notify about working with personal data
- Submit a notification to Roskomnadzor;
- Post the PD policy;
- Protect the base from leaks and hackers.
3. Work with ORD and label advertising
- Connect to the advertising data operator (myTarget, VK, Yandex, etc.);
- Mark each advertisement and post;
- Reporting for each month.
4. Learn the rules of the sites
- Do not engage in activity on prohibited social networks;
- Do not promote “gray” products (casino training, betting, illegal finance);
- Understand the difference between personal opinion and advertising.
Social media is still a powerful growth tool, but now with tough rules. Bloggers, experts and entrepreneurs must:
- Understand that advertising = responsibility.
- comply with personal data laws;
- label the content;
- Be prepared for inspections and complaints.
If everything is done correctly, social networks remain an effective platform. But now it is a professional environment, not a free market.
