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State Duma deputy Sergey Boyarsky noted on his Telegram channel that the ban on VTEs/SIM boxes being used may not fully tackle the issue of their essence, owing to which further solutions need to be devised.https://t.me/sergeyboyarskiy24/1217
Mass calling is permitted only if a subscriber has provided consent which is "expressed through the actions [of the subscriber] that unequivocally identify the subscriber and reliably confirm their willingness to receive mass calls."
The Law does not define criteria for what constitutes a mass call. It cannot be ruled out that telecom service providers will interpret the definition differently, potentially leading to disputes with subscribers.
According to the letter of the Law, a subscriber must explicitly consent to receiving mass calls. Otherwise, such calls will be deemed "unlawful", at least in theory. It will be interesting to see how this provision is implemented in practice.
For the ambiguities to be resolved, we anticipate that the Government will draw up relevant regulations. In the absence of those, courts will determine what constitutes ‘mass’ calls and how a subscriber’s consent should be obtained.
When a contract for communication services is concluded remotely, the service provider will be obliged to verify whether individuals have a self-imposed ban on a SIM card being registered. Individuals may impose the ban via the public service app Gosuslugi or by personally visiting a public service centre.
Prohibiting phone numbers from being transferred to third parties
The Law establishes a prohibition on subscribers’ numbers being transferred to third parties, except for family members and/or close relatives, as well as persons a list of whom the Government will determine.
The liability for a subscriber’s number being unlawfully used will be imposed the persons who own the number on legal grounds.
The obligation to label a call
A telecom service provider from whose network a call is initiated is obliged to demonstrate details regarding a legal entity or an individual entrepreneur who has initiated the call.
The Ministry has prepared a draft ResolutionThe Government’s draft Resolution "On approving the Rules, deadlines and format for a telecom service provider from whose network a telephone call to user equipment (data terminal equipment) is initiated to transmit details about the subscriber that is a legal entity or an individual entrepreneur initiating the call, as well as the content of such information. // Draft's ID: 156527 // You can access the draft at: https://regulation.gov.ru/Regulation/Npa/PublicView?npaID=156527. The draft is undergoing public discussions under which legal entities/ individual entrepreneurs are obliged to enter into a contract with a telecom service provider for the details to be reflected for a person who accepts the call. The contract should specify information regarding the activities of the legal entity/individual entrepreneur, the telephone numbers assigned to them and the category of calls.
Based on the data provided to it, the telecom service provider will transmit the following information to the subscriber’s phone:
The information will be transmitted to the phone in the format of text limited to 32 characters.
The legal entity/individual entrepreneur or the service provider from whose network the call is initiated will be obliged to provide the receiving service provider with details regarding the legal entity/individual entrepreneur and regarding the telephone numbers from which calls will be made.It cannot be ruled out that the costs on setting up labelling of calls will trigger increased prices for services that will ultimately be passed on to end consumers.
The new development will come into effect on 1 September 2025.
Receiving an SMS only after the call is over
Typically, scammers demand an SMS with a password from the public service portal Gosuslugi during a call. It is considered acceptable that SMS may only be delivered after the call has ended.
Restricting mass messaging
A subscriber may opt out of mass messaging by submitting a relevant application to their service provider.
The new development will come into effect on 1 August 2025.
The provisions in this part of the Law will come into effect on 1 September 2025
New rules for cash withdrawals
A bank that has issued a payment card (the ‘Bank’) will be obliged to verify that the client has voluntarily consented to cash withdrawals from ATMs.
If ‘involuntary’ consent is detected, the Bank must impose a 48-hour cash withdrawal limit of no more than RUB 50,000 per day. The Bank will notify the client of such a limit.
Additionally, the Bank will limit ATM cash withdrawals by a client to no more than RUB 100,000 per month if it receives information from the Bank of Russia that the client and/or their means of payment are listed in its database of money transfers performed or attempted without the client’s voluntary consentThe Bank of Russia will maintain the above database under article 27(5) of Federal Law No. 161-FZ “On the national payment system” dated 27 June 2011.. The limitation will remain in place until the relevant data is removed from the Bank of Russia’s database.
The Law also makes more specific the procedure for cash withdrawals by a client through a proxy: when a power of attorney to withdraw cash on behalf of a client is presented, the Bank must record the fact of it being presented and arrange for a copy of the power of attorney to be kept for 5 years from the date on which it was presented or the cash was withdrawn.
The concept of ‘voluntary consent of the client’ is not new to Russian legislation.
Operators of money transfers, of payment systems and of electronic platforms as well as service providers of payment infrastructure are obliged to implement measures to counter money transfers in the absence of a client's voluntary consent (article 27(4) of Federal Law No. 161-FZ). The Bank of Russia has set out detailed information on how the above countermeasures will be implemented in its Instruction No. 5371-U dated 19 August 2024 as well as the indicators of unauthorised money transfers in its Order No. OD-1027 dated 27 June 2024.
It can be anticipated that the Bank of Russia will introduce similar regulation for cash withdrawals.
The Law introduces the concept of a person authorised to carry out banking transactions (the ‘Authorised Person’), whom a client may select to oversee transactions in their accounts.
An Authorised Person cannot be a person who has been included in the list of companies and individuals who are known to be involved in extremist or terrorist activities. The Law does not impose any other restrictions.
Banks are obliged to publish on their websites and in their mobile applications information on whether clients may use the services of authorised persons. Banks may also publish details of the procedures of how a person may be assigned the status of an Authorised Person or have it taken away, the requirements for an Authorised Person and the terms and conditions on which an Authorised Person will carry out their mandate.
The essence of legal relationships involving an Authorised Person is as follows:
The client has a right to individually select which transactions and bank accounts (deposits) require confirmation from the Authorised Person. The new procedure, however, does not apply to transactions that involve using electronic money.
The Bank is obliged to:
The Authorised Person’s powers will be defined in a special agreement between the Bank, the client and the Authorised Person, specifying, among other things, the fees of the credit institution for notifying the Authorised Person and the list of transactions to be confirmed.
The Authorised Person will be deprived of their status on the next day after the Bank’s client submits a notice to this effect to the Bank.
A ban on using foreign messaging apps
Scammers frequently use messaging apps to interact with their victims. The Law prohibits telecom service providers, credit institutions, government bodies and other persons from using foreign messaging apps when dealing with citizens.
The ban will come into effect on 1 June 2025.
Using biometrics
Services that publish advertisements may impose a requirement that an individual’s identity be verified by way of biometrics. For those opting for biometric verification via the public services portal Gosuslugi, the service will have to arrange for such option.
The new development will come into effect on 1 March 2026.
It is essential to monitor how the Government draws up and adopts regulations governing the supply of communication services using VTEs and SIM boxes and the submission of data to the SIS, as well as establishing criteria for defining mass calls. Business processes should be adjusted in good time to comply with the new requirements.
Credit institutions handling transactions in individuals’ accounts should also prepare to fulfil the new obligations.
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