They want to regulate the activities of research companies in Russia

The work of research companies in Russia was discussed at the Public Chamber (PC). The meeting participants came to the conclusion that a significant share of market research is carried out by companies from unfriendly jurisdictions, as a result of which a large amount of data goes abroad. Artem Kiryanov (United Russia), deputy chairman of the State Duma Committee on Economic Policy, who participated in the discussion, notes that “espionage today is not shooting and stealing documents in the Bond style, but the processing and analysis of “big data.”

“In the context of an open informational and economic confrontation with Western countries, it is important to prevent and eliminate the threat of uncontrolled collection of data from Russian citizens, and in essence economic espionage by Western research companies,” he wrote in his Telegram channel. On July 31, representatives of all factions of the State Duma, with the exception of the “New People,” introduced amendments to Chapter 4 of the law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation,” which introduces a mechanism for regulating the activities of research companies.

The explanatory note to the amendments states that over the past 20 years in the Russian Federation, a number of Western companies, including from unfriendly countries, “have been conducting research, collecting and accumulating data on Russian commodity markets, including prices for everyday goods , about the cost and composition of the consumer basket in the regions of Russia, the dynamics of spending on various goods, about public health, diagnoses, recommended medications.” “Data is collected when purchasing goods from almost all retail chains and for all groups of goods, including pharmacies and medicines. These studies are also in demand by Russian manufacturers and determine their production and marketing plans,” the deputies note.

In accordance with the amendments, companies conducting research in the Russian Federation must meet a number of mandatory requirements. In particular, at least 80% of the company’s authorized capital must belong to Russian persons, and the company must be registered in the Russian Federation. The processing of data obtained as a result of the study, its systematization, analysis and storage must be carried out on technical means located on the territory of the Russian Federation. In addition, the deputies propose to exclude “the execution of any decisions of unfriendly states to introduce restrictive measures against Russia, discredit the country, as well as the manipulation of data, publication and use of obviously false data.”

Research companies will have to submit an application to include information about themselves in the register maintained by the FAS Russia. The final decision on approving the ownership structure of the research company is made by a commission created in accordance with Part 5 of Art. 11 of Federal Law No. 57 “On the procedure for making foreign investments in business entities of strategic importance for ensuring the defense of the country and the security of the state.”

If the research company does not bring its structure into compliance with the decision of the commission, the court will have the right to decide on the forced sale of shares in its authorized capital. Research companies not included in the register or excluded from it will not have the right to conduct market research, and concluding contracts with them is not allowed. “The adoption of the bill will help ensure the comparability, openness, reliability, completeness and heritability of data obtained as a result of research on commodity markets, as well as the subsequent use of data for legally established purposes,” the explanatory note says.

According to deputy Kiryanov, representatives of research companies did not come to discuss their activities in the OP, “and this says a lot.” “Apparently, there are active consultations on the possibilities of non-compliance with the future law, the possibility of fake re-registration for formal compliance with the proposed norms and the continued transfer of strategic data to unfriendly countries,” he notes. United Russia proposes to tighten sanctions in the proposed amendments, up to the recognition of research companies as undesirable organizations in the Russian Federation for non-compliance with requirements. Kiryanov wants to include the Russians against whom these companies will try to re-register their activities in the register of foreign agents.

“On the other hand, I am ready in every possible way to support and lobby at all levels for the creation by Russian specialists of new research organizations that will fully satisfy the needs of the market; such initiatives need to be supported at the state level,” said the State Duma deputy.

In addition to the risks raised by the authors of the bill of using the collected information by unfriendly political forces, the key problem is access to information reflecting the volumes of imports and production of those categories of goods whose import and export restrictions are imposed by sanctions, says Ilya Zharsky, managing partner of the Veta expert group. “This is indicated by the very definition of “data on market structure,” which includes information on production volumes, imports/exports and sales of goods, generalized data on consumers, producers and importers,” he says. At the same time, according to the lawyer, a researcher can obtain such information either from open sources, or upon request from executive authorities, or from participants in a particular market. “It is obvious that the transfer to the researcher of information constituting state, commercial or, say, tax secrets is unacceptable in accordance with current legislation,” Zharsky said.