YouTube in the CIS: When “Outside Russia” Does Not Mean “Risk-Free”

Background

A major player in the FMCG sector turned to Pepeliaev Group for advice on one of the less obvious advertising law risks of 2026: the potential liability of a Russian advertiser for placing advertisements on YouTube in CIS countries.

The structure for placing them was typical for international brands: the Russian office of a media agency received a brief from the client and passed it on to the office of the same network in the country where it is placed, with that office then interacting directly with YouTube and bloggers in the jurisdiction in question. In formal terms, all advertising activity took place outside the Russian Federation.

At the same time, the client raised a key question: does the foreign placement structure in itself eliminate the risks of Russian law being applied where online advertising is concerned?

Objective

To carry out a legal assessment of the client’s advertising model and to determine in which cases placing advertisements on YouTube in the CIS may create risks for a Russian advertiser from the perspective of Russian regulation.

Challenge

The situation required an analysis not only of the contractual structure but also of the actual parameters of the placement. A number of factors were relevant for assessing the risks: the format of the advertising, the method of purchasing, geo-targeting, the language of the creatives, the nature of interaction with bloggers, labelling requirements, as well as the potentially contentious use of VPNs.

An additional complication lay in the fact that formally moving placements outside Russia does not guarantee that there will be no claims from Russian regulators.

Work Performed

The team from the antitrust practice at Pepeliaev Group conducted a comprehensive analysis of the client’s structure of placing advertising on YouTube in the CIS and prepared practical recommendations for mitigating the risks.

The outcome of the consultation was that we provided the client with:

1. A risk matrix for various placement scenarios, including Google Ads and blogger integrations;
2. An assessment of: the impact of geo-targeting; the language of the advertising materials; and the labelling requirements on the level of the legal risk;
3. A legal assessment of the contentious aspects of using VPNs;
4. An action plan for mitigating current risks;
5. Structural recommendations, including contractual clauses and potential options for modifying the placement model.

Outcome

The client received a comprehensive legal position on advertising activities on YouTube in the CIS and a practical action plan for minimising the risks.
The recommendations we prepared enabled the company to identify vulnerable elements of its current placement model, to prioritise corrective measures, and establish a more robust structure for advertising campaigns in foreign markets.

Significance

For many Russian companies continuing marketing activities in CIS countries, the geography of placement is still perceived as sufficient protection against potential claims from the Russian Federal Antimonopoly Service. However, in the context of online advertising, this approach does not always work.

A timely legal assessment makes it possible to:

• Reduce the risk of liability for violating advertising legislation;
• Avoid associated reputational damage;
• Build an advertising strategy for CIS markets with a clear and manageable level of risk.