New law on advertising on building facades. Rules for placing an advertising sign on the facade of a private and public building

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Privacy agreement

and processing of personal data

1. General Provisions

1.1. This agreement on confidentiality and processing of personal data (hereinafter referred to as the Agreement) was accepted freely and of its own free will, and applies to all information that Insales Rus LLC and/or its affiliates, including all persons included in the same group with LLC "Insails Rus" (including LLC "EKAM Service") can obtain information about the User while using any of the sites, services, services, computer programs, products or services of LLC "Insails Rus" (hereinafter referred to as the Services) and in during the execution of Insales Rus LLC any agreements and contracts with the User. The User's consent to the Agreement, expressed by him within the framework of relations with one of the listed persons, applies to all other listed persons.

1.2.Use of the Services means the User agrees with this Agreement and the terms and conditions specified therein; in case of disagreement with these terms, the User must refrain from using the Services.

"Insales"- Limited Liability Company "Insails Rus", OGRN 1117746506514, INN 7714843760, KPP 771401001, registered at the address: 125319, Moscow, Akademika Ilyushina St., 4, building 1, office 11 (hereinafter referred to as "Insails" ), on the one hand, and

"User" -

or an individual who has legal capacity and is recognized as a participant in civil legal relations in accordance with the legislation of the Russian Federation;

or a legal entity registered in accordance with the laws of the state of which such person is a resident;

or an individual entrepreneur registered in accordance with the laws of the state of which such a person is a resident;

which has accepted the terms of this Agreement.

1.4. For the purposes of this Agreement, the Parties have determined that confidential information is information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity, as well as information about the methods of carrying out professional activities (including, but not limited to: information about products, works and services; information about technologies and research activities; data about technical systems and equipment, including software elements; business forecasts and information about proposed purchases; requirements and specifications of specific partners and potential partners; information, related to intellectual property, as well as plans and technologies related to all of the above) communicated by one party to the other in written and/or electronic form, expressly designated by the Party as its confidential information.

1.5. The purpose of this Agreement is to protect confidential information that the Parties will exchange during negotiations, concluding contracts and fulfilling obligations, as well as any other interaction (including, but not limited to, consulting, requesting and providing information, and performing other instructions).

2. Responsibilities of the Parties

2.1. The Parties agree to keep confidential all confidential information received by one Party from the other Party during the interaction of the Parties, not to disclose, disclose, make public or otherwise provide such information to any third party without the prior written permission of the other Party, with the exception of cases specified in the current legislation, when the provision of such information is the responsibility of the Parties.

2.2.Each Party will take all necessary measures to protect confidential information using at least the same measures that the Party uses to protect its own confidential information. Access to confidential information is provided only to those employees of each Party who reasonably need it to perform their official duties under this Agreement.

2.3. The obligation to keep confidential information secret is valid within the validity period of this Agreement, the license agreement for computer programs dated December 1, 2016, the agreement to join the license agreement for computer programs, agency and other agreements and for five years after termination their actions, unless otherwise separately agreed by the Parties.

(a) if the information provided has become publicly available without a violation of the obligations of one of the Parties;

(b) if the information provided became known to a Party as a result of its own research, systematic observations or other activities carried out without the use of confidential information received from the other Party;

(c) if the information provided is lawfully received from a third party without an obligation to keep it secret until it is provided by one of the Parties;

(d) if the information is provided at the written request of a government agency, other government agency, or local government body in order to perform their functions and its disclosure to these bodies is mandatory for the Party. In this case, the Party must immediately notify the other Party of the received request;

(e) if the information is provided to a third party with the consent of the Party about which the information is transferred.

2.5.Insales does not verify the accuracy of the information provided by the User and does not have the ability to assess his legal capacity.

2.6. The information that the User provides to Insales when registering in the Services is not personal data, as defined in Federal Law of the Russian Federation No. 152-FZ of July 27, 2006. “About personal data.”

2.7.Insales has the right to make changes to this Agreement. When changes are made to the current edition, the date of the last update is indicated. The new version of the Agreement comes into force from the moment it is posted, unless otherwise provided by the new version of the Agreement.

2.8. By accepting this Agreement, the User understands and agrees that Insales may send the User personalized messages and information (including, but not limited to) to improve the quality of the Services, to develop new products, to create and send personal offers to the User, to inform the User about changes in Tariff plans and updates, to send the User marketing materials on the subject of the Services, to protect the Services and Users and for other purposes.

The user has the right to refuse to receive the above information by notifying in writing to the email address Insales -.

2.9. By accepting this Agreement, the User understands and agrees that Insales Services may use cookies, counters, and other technologies to ensure the functionality of the Services in general or their individual functions in particular, and the User has no claims against Insales in connection with this.

2.10. The user understands that the equipment and software used by him to visit sites on the Internet may have the function of prohibiting operations with cookies (for any sites or for certain sites), as well as deleting previously received cookies.

Insales has the right to establish that the provision of a certain Service is possible only on the condition that the acceptance and receipt of cookies is permitted by the User.

2.11. The user is independently responsible for the security of the means he has chosen to access his account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Services under the User’s account, including cases of voluntary transfer by the User of data to access the User’s account to third parties under any conditions (including under contracts or agreements) . In this case, all actions within or using the Services under the User’s account are considered to be carried out by the User himself, except in cases where the User notified Insales of unauthorized access to the Services using the User’s account and/or of any violation (suspicion of violation) of the confidentiality of his means of accessing your account.

2.12. The User is obliged to immediately notify Insales of any case of unauthorized (not authorized by the User) access to the Services using the User’s account and/or of any violation (suspicion of violation) of the confidentiality of their means of access to the account. For security purposes, the User is obliged to independently safely shut down work under his account at the end of each session of working with the Services. Insales is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to the User’s violation of the provisions of this part of the Agreement.

3. Responsibility of the Parties

3.1. The Party that has violated the obligations stipulated by the Agreement regarding the protection of confidential information transferred under the Agreement is obliged, at the request of the injured Party, to compensate for the actual damage caused by such violation of the terms of the Agreement in accordance with the current legislation of the Russian Federation.

3.2. Compensation for damage does not terminate the obligations of the violating Party to properly fulfill its obligations under the Agreement.

4.Other provisions

4.1. All notices, requests, demands and other correspondence under this Agreement, including those including confidential information, must be in writing and delivered personally or via courier, or sent by email to the addresses specified in the license agreement for computer programs dated 12/01/2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may subsequently be specified in writing by the Party.

4.2. If one or more provisions (conditions) of this Agreement are or become invalid, then this cannot serve as a reason for termination of the other provisions (conditions).

4.3. This Agreement and the relationship between the User and Insales arising in connection with the application of the Agreement are subject to the law of the Russian Federation.

4.3. The User has the right to send all suggestions or questions regarding this Agreement to the Insales User Support Service or to the postal address: 107078, Moscow, st. Novoryazanskaya, 18, building 11-12 BC “Stendhal” LLC “Insales Rus”.

Publication date: 12/01/2016

Full name in Russian:

Limited Liability Company "Insales Rus"

Abbreviated name in Russian:

LLC "Insales Rus"

Name in English:

InSales Rus Limited Liability Company (InSales Rus LLC)

Legal address:

125319, Moscow, st. Akademika Ilyushina, 4, building 1, office 11

Mailing address:

107078, Moscow, st. Novoryazanskaya, 18, building 11-12, BC “Stendhal”

INN: 7714843760 Checkpoint: 771401001

Bank details:

In the modern world, a sign acts as the calling card of any company engaged in retail trade or operating in the service sector. It informs the consumer in advance about the services that the company provides to potential clients. Let's take a closer look at the difference between a sign and an advertisement and whether a sign is an advertising structure under the law.

You can download Federal Law No. 38 “On Advertising” in the latest edition with all changes and amendments at. The Law “On Advertising” regulates all types of advertising - in television broadcasts, radio programs, in print media, in transport, as well as outdoor. It is the latter type that includes advertising signs. More details about outdoor advertising are described in Article 19 of the Federal Law No. 38. According to this provision, this includes various billboards, stands, electronic displays and advertising on the facade of the building. In the latter case, when it comes to installing an advertisement on a building or land, it is worth remembering that the installation of an advertising structure should be coordinated with the owner of the property.

The legislation distinguishes between the concepts of outdoor advertising and signs, therefore different legal acts apply to them. Let's look at the difference between these two concepts in more detail below.

From the point of view of the law, advertising is information that is aimed at attracting greater consumer interest in a product or service for its better promotion in the market. The object of advertising can be a product, a service, as well as the announcement of various events - concerts, film premieres, sporting competitions. Dissemination of information about any product/service is carried out through the installation of billboards, stands, displays, etc. on buildings and vehicles. By law, the installation and use of the above advertising structures requires special permission. For violating this rule, a fine may be imposed on an unscrupulous citizen.

It is important to know!Provisionslaw“On Advertising” does not apply to information disseminated to consumers that is required to be disclosed under the Law on Advertising, as well as signs and signs of a non-advertising nature.

This is the main difference between information design and advertising. She does not advertise, but informs. The Law “ZPP” in Article 9 states that the product manufacturer is obliged to inform consumer citizens about the name of the organization, its address and work schedule. Information about the activity being carried out is also required if it is subject to licensing or accreditation. This information is posted on the information board and is not advertising, and therefore does not require permission to install it. It doesn't matter how it's done. It is worth paying more attention to its location. If the sign is located on the outside of the infrastructure, and the entrance to the organization is on the other, then this can be legally recognized as advertising.

The procedure for installing signs in stores

On March 13, 2006, the Law “On Advertising” came into force. It regulates, as mentioned above, the rules and requirements for various types of advertising, their methods of distribution, and also establishes a ban or reduces the dissemination of information about any product. The current latest edition dates back to April 1, 2017, and there is also an edition, the provisions will come into force on September 1 of the same year.

The procedure for installing a sign above a store requires its registration if it contains the following information:

• Name;
• address;
• work schedule;
• Kind of activity.

A sign at the entrance to a store, fair or other temporary retail location is not subject to registration. The law requires compliance with certain conditions for registration:

• if an information board is placed on a house, then its placement is above the store and does not exceed the boundaries of the premises. It should not go beyond the floor line. Otherwise, the consent of other floor owners is required;
• If a sign is placed on the roof, then the consent of all owners of the building is required. Registration is carried out using written consent with a duplicate of the certificate of ownership;
• if it is placed on part of an extension or building, then the written consent of its owner should be obtained.

It is prohibited to post information on cultural heritage sites. By law, a permit is issued for 5 years.

Permissible dimensions of a sign on the facade of a building according to the law

The sign on the facade of the building, in accordance with the Law “On Advertising” of the Russian Federation, is located above the entrance or shop windows. If there are several on the wall, they must be on the same axis. If the company is located in the basement, the sign should be located 60 cm from the ground, and its thickness should not be more than 10 cm.

The maximum height of the information board according to the law is 50 cm, the width is 70% of the facade, but not more than 15 m. And the height of the letters is 10 cm. The size of the inscription is not less than 15 cm.

The law stipulates that the language of inscriptions on signs is Russian. It is possible to use graphic images. An inscription made in a foreign language is permitted if:

• the trademark is registered in a foreign language;
• the right to use this trademark has been obtained;
• the name in a foreign language must be 2 times smaller than the inscription with information about the type of activity;
• Abbreviations and abbreviations must not be used;
• the inscription in a foreign language should not be made in Russian transliteration.

By law, the sign must be illuminated at night.

Fines for signs

Compliance with the Law “On Advertising” is monitored by the FAS and local governments. If violations are detected, they have the right to send an order to the owner of the sign to dismantle it. This procedure is carried out within a month. You can appeal the decision of higher authorities through the court within 3 months.

According to the law, placing a sign that contains advertising information without the consent of the relevant authorities or violating the rules for its use leads to imposition of a fine under Art. 14.37 Code of Administrative Offences:

• for individuals - 1,000 - 1,500 rubles;
• for individual entrepreneurs and organization managers - 3,000 - 5,000 rubles;
• for legal entities - 500,000 - 1,000,000 rubles.

The above fines are significant and can harm the financial budget of the organization. For clarification on identifying hidden advertising in a sign, you should contact your local administration.

A sign plays two functions in any business – informative and advertising. It is important to create such outdoor advertising that potential customers, even before entering the premises, already know what to expect inside. A kind of business card near the entrance to a store or office is designed to cope with this.

It is impossible to place a sign without following certain rules. First of all, you need to take into account the requirements for the content of information on it, as well as take into account the restrictions on the placement of this element itself. It is also important to remember about means of individualization so that it helps identify your business and does not mislead customers. So, what should you consider when making a sign for an individual entrepreneur?

What must a sign contain?

In Russia, the law stipulates what should be on the sign of an individual entrepreneur. In accordance with the Law on the Protection of Consumer Rights (Article 9), the entrepreneur is obliged to place the following information about the company on the sign in order to convey it in a clear and understandable form to the consumer:

• Company name - for an individual entrepreneur corresponds to his full name (for example: individual entrepreneur Ivanov Ivan Ivanovich);
• Operating hours of the enterprise;
• Address of the organization - for individual entrepreneurs (the legal address is indicated here, for individual entrepreneurs from registration according to the passport);
• Individual entrepreneur registration data - TIN and OGRN assigned to him.

When engaged in licensed activities, the sign must indicate information about the number and date of receipt of the license. The copy of the license itself should be placed on a special stand inside, but the consumer corner is a separate matter.

What else can a sign say?

On a sign, along with advertising, a commercial designation can be used - a means of individualizing a specific business. It is not required to be registered as a trademark, but it is protected by the provisions of the Civil Code (Articles 1538–1541). The right to a commercial designation arises only in cases where there are sufficient distinctive features, and it has been used in a certain territory for a year and has acquired a certain popularity there.

A commercial designation does not correspond to the activities of an entrepreneur or a company as a whole, but serves to identify a specific place of business - a property complex where trade is carried out or services are provided. It includes the name of the object and other elements.

How to install an advertising sign without fines?

It is not enough to decide what will be indicated on the facade of the building where your business is located; you need to know how to make a sign so that it meets other requirements of regulatory authorities. If, in addition to the information established by law, it also contains advertising, then the sign will have to be approved first. Unauthorized installation of outdoor advertising elements is punishable by a fine from supervisory authorities and subsequent dismantling of the structure. For this reason, you must first approve the sign design and only then manufacture it and install it on the building.

Permission must be obtained from local government authorities. The Department of Architecture and Urban Planning or another body responsible for monitoring the placement of outdoor advertising must submit a corresponding application with visualization of the facade sign, as well as attach the consent of the property owner to place this structure on the facade. You also need to attach to these documents a photo of the facade of the building where it will be located, as well as the exact address of the office or store location. Coordination will be carried out with all authorized authorities and, as a result, a permit or refusal will be issued within 1-2 weeks.