Mandatory pre-installation of Russian software on electronic devices from 01.01.2021

The previously adopted Federal Law No. 425-FZ of 02.12.2019 “On Amending Article 4 of the Law of the Russian Federation “On Protection of Consumer Rights”” (hereinafter – the “Law”) established that from 01.01.2021 goods included in the category of technically complex goods with pre-installed software (hereinafter – the “Software”), must be equipped with Russian Software at the time of sale to end consumers.

However, the Law did not specify which Russian Software should be pre-installed, and to which specific goods this requirement should apply.

In this regard, on 18.11.2020 the RF Government, by Resolution No. 1867 (hereinafter – the “RF Resolution“), approved the list of goods (smartphones, tablets, laptops, desktop computers, televisions, provided it is possible to install Software from application stores (hereinafter – the “Goods” )), on which it is required to pre-install Russian Software, the rules for compiling and maintaining the list of Russian Software that must be installed on the Goods (hereinafter -the “List“), as well as the rules for pre-installing Russian software on the corresponding Goods.

The List includes the Software that falls within the following categories:

• browsers
• search and navigation systems
• programs for instant messaging
• programs for access to social networks
• programs for using the national payment system “Mir”
• programs that are used to provide state and municipal services

According to the Resolution, an application for inclusion of the Software in the List can be submitted by copyright holders until 01.12.2020. The Software is included in the List based on the criterion of high popularity, which is calculated based on the Software rating formed by the RF Ministry of Digital Development, Communications, and Mass Media on an annual basis. To form a rating, the number of Software users must be at least 500 thousand for the previous year. In the future, to include the Software in the List copyright holders will have to submit applications no later than April 1, and the List will be approved by the Russian Government no later than August 1 of each year.

To be included in the List, the software must also meet a number of additional requirements regarding its localization and other parameters.

Pre-installation of the Software can be carried out by the manufacturer, suppliers, or sellers of the Goods on the RF territory. The version of the pre-installed Software should be free for the consumer, which does not deprive the copyright holder of the opportunity to distribute paid versions or paid advanced functionality during the servicing process.

The Resolution comes into force on 01.01.2021, except for the provision on the deadline for submitting an application for the Software inclusion in the List, which comes into force from the day of the official publication of the Resolution, i.e. 23.11.2020.