Suchergebnisse

Digital platforms serve as an effective ground for trade in goods and services, which stimulates the development of advertising on the Internet. Platforms provide advertising spaces, connect advertising distributors and advertisers as operators of advertising networks, and collect data to provide personalized advertising and to enhance marketing efficiency. This article analyzes three aspects of the digital platform's responsibility in the distribution of advertising on the Internet. In the first aspect, the article compares approaches in Russia to those in foreign countries regarding the responsibility of digital platforms distributing advertisement in their capacity as advertiser or information intermediaries. In Russia (as in China), the platforms are held responsible for placing unfair advertising, because the platforms moderate such advertising. At the same time other countries (the U.S, those of the European Union (EU)) implement the principle of limited of information intermediary by publishing advertising, if the platform does not impact on the content of such advertising and does not know about the distribution of illegal advertising. In the second aspect, the article surveys the obligations of platforms for ensuring the traceability of advertising, maintaining registries with information about advertising, and ensuring compliance and organizing a risk analysis system to prevent anti-competitive and other illegal behaviour. The third aspect of the study considers the compliance of digital platforms with the regime of personal data by providing personalized advertising services. The research methods used in the work include comparative analysis of legal acts and law enforcement practice in Russia and in foreign countries, as well as analysis of recommendations of international organizations, in particular the Organisation for Economic Co-operation and Development (OECD).

Today, a crypto economy is actively developing throughout the globe based on the use of cryptographic technologies for the creation of new digital products, including the issuance of digital financial instruments. The topic of regulation of digital financial assets (hereinafter referred to as DFA) is relevant in the world: since 2019, some countries, including Russia, began to introduce legal norms regarding the issuance of DFA, as well as the sale and turnover of such assets on the market. This article compares approaches to the regulation of DFA in Russia and globally, including the issue of determining financial instruments that will be related to these assets, aspects of the procedure for issuing, storing, and trading them, including the basic rights and obligations of issuers and investors in such assets, and the features of the operation of trading floors and platforms for issuing DFA. In general, two approaches to the regulation of DFA can be distinguished. The first approach is the application of existing rules to tokenized assets (for example, laws on securities and financial instruments); this approach is used in the United States. The second is regulation through the introduction of a new framework for the application of distributed ledger technology in financial services, for example, in Russia, Germany, Luxembourg, the European Union (EU), and Switzerland. This article examines the second approach, which is currently implemented in Russia, to identify differences with foreign regulation, for example, the use of custodian institution for accounting and storing digital assets, converting DFA into traditional financial assets, and creating rules for trading digital financial assets.