Сравнительный анализ правового регулирования рекламных услуг в интернете, оказываемых цифровыми платформами в России и зарубежных странах

Abstract

Digital platforms serve as an effective ground for trade in goods and services, which stimulates the development of advertising on the Internet. Platforms provide advertising spaces, connect advertising distributors and advertisers as operators of advertising networks, and collect data to provide personalized advertising and to enhance marketing efficiency. This article analyzes three aspects of the digital platformʼs responsibility in the distribution of advertising on the Internet. In the first aspect, the article compares approaches in Russia to those in foreign countries regarding the responsibility of digital platforms distributing advertisement in their capacity as advertiser or information intermediaries. In Russia (as in China), the platforms are held responsible for placing unfair advertising, because the platforms moderate such advertising. At the same time other countries (the U.S, those of the European Union (EU)) implement the principle of limited of information intermediary by publishing advertising, if the platform does not impact on the content of such advertising and does not know about the distribution of illegal advertising. In the second aspect, the article surveys the obligations of platforms for ensuring the traceability of advertising, maintaining registries with information about advertising, and ensuring compliance and organizing a risk analysis system to prevent anti-competitive and other illegal behaviour. The third aspect of the study considers the compliance of digital platforms with the regime of personal data by providing personalized advertising services. The research methods used in the work include comparative analysis of legal acts and law enforcement practice in Russia and in foreign countries, as well as analysis of recommendations of international organizations, in particular the Organisation for Economic Co-operation and Development (OECD).