The rules of online trading are going to change: what is contained in the new law

Expert Vovk: “What is happening on the market can be called permissiveness on the part of marketplaces”

It seems that these are not the easiest times for the marketplaces that are so beloved by the urban population of Russia. A new bill on their regulation has been submitted to the State Duma. Thus, the state is making another attempt to establish at least relative control over this very specific sphere, which until now has lived its own hidden, largely voluntaristic life.

The bill, which is due to come into force on March 1, 2025, defines the rights and responsibilities of online platforms, sellers and owners of order pick-up points. It introduces general regulation for all “product information aggregators” and additional regulation for those that occupy more than 20% of the market. As stated in the explanatory note, “it is necessary to fill the gaps in legislation that contribute to market monopolization.”

The document, in particular, introduces a ban on demanding compensation from the buyer for returning goods and receiving such payments. There is also an obligation to check the age of buyers when selling goods of a certain type, and to prevent the posting of information about goods whose circulation is prohibited or limited in Russia. A rule is being introduced under which the government will be able to oblige marketplaces to label individual products.

Special rules apply only to two “significant” Internet platforms – Wildberries and Ozon. In January, the Federal Antimonopoly Service (FAS) recognized them as collective monopolists with a market share of 80%, and in the State Duma they started talking about the need to limit points of delivery of goods purchased online. If the current document is approved, these two aggregators will not be able to change the terms of the service contract, or in any way worsen the situation of sellers or owners of order pick-up points, without first notifying them at least 30 days in advance; impose services not related to e-commerce…

The previous attempt to legislatively “reason” marketplaces was made in September 2023. A group of deputies introduced amendments to the State Duma to the laws “On the Fundamentals of State Regulation of Trade Activities” and “On the Protection of Consumer Rights.” The initiative was intended to consolidate the legal status of this segment of trade, introduce liability for false information on platforms and low-quality goods, prohibit marketplaces from blocking personal accounts of partners and collecting fines from the latter without their consent.

“The new bill is aimed at finally eliminating the gaps that were there initially,” says Anna Vovk, chairman of the committee for the development of the investment environment for business at the Moscow Chamber of Commerce and Industry. – There is Western experience in creating and developing marketplaces, and there is Russian experience. Today we are actually following the path already taken by the West. Legal norms that exist today do not reflect current realities. What is happening on the market can be called permissiveness on the part of the marketplaces themselves. “I agree with almost every point in the document, which states how to protect the rights of the manufacturer who has entered this platform, and how to protect the rights of the end consumer.”

The way the relationships between manufacturers and suppliers of goods and marketplaces are built is the cornerstone of the online trading market. Previously there was a huge blank spot here, but now specifics have appeared: what is needed, how and why, Vovk argues. If you are in the food business, then you must be subject to the same requirements as retail chains. If you are engaged in “cloning” of products, knowingly knowing sales statistics, then you are violating the law on fair competition. The marketplace should not sell the same product under its own brand at a lower price and, in fact, nullify the efforts of the manufacturer, throwing it overboard of market competition. In general, all amendments made to the law are dictated by the objective needs of market participants, MK’s interlocutor believes.

“In a situation with marketplaces, the main thing is not to do harm. This is a delicate matter, like in surgery,” says independent consumer goods expert Alexander Anfinogenov. – Accordingly, all initiatives must be thoroughly thought out for the benefit of consumers. Online trading, of which marketplaces are an integral part, is a service of convenience, saving time and money. Naturally, the state should keep an eye on such a convenient way for people to purchase goods, since anything can happen that goes beyond the scope of the law.”

As for the consumer, according to the expert, he does not risk anything as a result of legislative changes, since this entire business is tailored to him. Covid has taught many to use online trading services, which no one will refuse. “In principle, the authorities can put an end to e-commerce only if for some reason they cut off the Internet,” Anfinogenov sums up half-jokingly.