The proposed FAS rules for presetting Russian software on gadgets did not appeal to the market

The proposed FAS rules for presetting Russian software on gadgets did not appeal to the market


Natalia Solovyova

The Federal Antimonopoly Service introduced the concept of implementation of the law developed by its experts, which provides for the preliminary installation of domestic software when selling a number of technically complex
goods. The previous one for the various types of gadgets is offered in several stages, and the list of programs for the mandatory pre-installation will contain only the software type and requirements for
to the developer. Market experts are protesting against the concept proposed by the antitrust agency.

What the FAS offers

The key points of the FAS concept were announced a few days ago. For consideration of the Cabinet of Ministers of the Russian Federation the final draft of the document is supposed to be sent in March 2020.

Federal Law No. 425-FZ “On Amendments to Art. 4 of the RF Law “On Consumer Protection”, is due to enter into force on July 1. From this
to give certain types of technically difficult goods will be on sale in Russia only if they will be installed domestic software.

According to the FAS concept, the law needs to be implemented in several stages. From July 1, 2020, it is proposed to make the previous domestic software for only foreign-made smartphones. WITH
In 2021, Russian programs and applications should be pre-installed on tablets, from 2022 on computers, and from 2023 on TV sets and smart TVs.

For each of these types of gadgets will be developed their list of Russian software for mandatory pre-installation. It is expected that the smartphones sold in Russia will become necessary
installation of search engine, antivirus application, navigator program, messenger, social network application, public service application, as well as payment app of the Mir Pay system. IN
the list of compulsory Russian programs for tablets, PCs and “smart” TVs, in addition to the listed ones, will also include programs of audiovisual services providing the broadcast of 20 obligatory
free access channels.

According to experts, this list will not contain a list of applications from some specific developers – it will include only the type of software and requirements for the developer. The right to
to install the software product must belong to the Russian person, the software itself must be implemented in the territory of Russia, and its developer should not be noted in the lists of violators
legislation in the field of personal data for the last 5 years.

The manufacturer will be able to independently choose which application to install on its products, or even delegate this feature to another member of the supply chain, including the seller.

controversial concept

As Anton Guskov, a representative of the Association of Trade Companies and Manufacturers of Electrical and Computer Appliances, commented in the media, many of the provisions of the initiative developed
FAS experts have already raised many questions from both gadget manufacturers and their sellers. These include a proposal not to have a registry that accurately lists specific software products,
which you can choose to customize. This means that the manufacturer (or seller) will have to independently check whether the software meets the requirements of the law, or trust the developer
per word. And it is the software developer, not the gadget maker, who should be responsible for the smooth running of the program. This approach will create the ground for abuse
unfair market participants. In addition, sure Anton Guskov, until July 1, manufacturers simply will not have time to prepare for the law to come into force – to find developers, conclude contracts and
to test. Only one test takes at least 6 months.

RATEK vs

Against the concept proposed by FAS, the Association of Trading Companies and Manufacturers of Electrical and Computer Appliances RATEK also spoke. Its official position was outlined by RATEC President Alexander Onishchuk. According to the management of the association,
implementation of the FAS plan will distort healthy competition in the market and technological backwardness of Russia, since it goes beyond the principle of forced regulation of the IT market in general and the market
mobile applications in particular, and seems unreasonable and extremely dangerous for both device manufacturers and operating systems, and for the Russian software developers themselves. The association requests FAS
refuse to take the measures it proposes.

According to media reports, such amendments criticize not only the business community but also representatives of the Eurasian Union member states (Belarus, Kazakhstan and Kyrgyzstan). At the end of 2019, these firms were released
a statement saying that these changes are contrary to the EAEC Treaty, the WTO General Agreement on Trade in Services, and the Customs Union Technical Regulation as they may
to cause a restriction on the turnover of technical goods from other EEU countries in the Russian market.

Software (computer software)

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