23.01.2020

FAS explained the rules for pre-installing Russian software on smartphones

Clarity has appeared in the adopted law on pre-installations of Russian software on smartphones. The Federal Antimonopoly Service (FAS) told what software needs to be pre-installed on the gadgets being sold.

The rules were announced at a meeting of the FAS and electronic market players on Wednesday, January 22. On the same day, the information was published on the agency’s website.

What software will manufacturers pre-install?

Depends on the device. The preliminary list looks like this:

  • for smartphones: search, navigator (maps), antivirus program, messenger, social networks, public services, personal payment system MIR;
  • for tablets, PCs, smart TV: the same list plus audiovisual services capable of broadcasting 20 mandatory channels.

No one obliges the company to install any specific applications. Otherwise, the law on competition in the Russian market would be violated. The manufacturer of the conditional smartphone will decide which software to pre-install.

He will be able to choose based on these criteria:

  • the right to the software is owned by a Russian person;
  • the software is implemented on the territory of the Russian Federation;
  • software developers have never violated the law on personal data protection in the last five years.

It follows from the above that there will be no official list of acceptable developers and software. Probably, the verification of the software developer for good faith will fall on the manufacturers themselves. In addition, only sellers and manufacturers of gadgets are responsible for the enforcement of the law. Software developers are not a responsible party.

How long do I need to pre-install the software?

The FAS has not yet approved the terms of mandatory software pre-installation, but offers the following:

  • for smartphones — from July 1, 2020;
  • for tablets — from 2021;
  • for PC — from 2022;
  • for “smart TV” and set-top boxes — from 2023.

One of the participants of the meeting — a source of RBC — is not sure that smartphone manufacturers will have time to fulfill the requirements of the law before July 1. They need time to conclude contracts, software testing, etc. The whole process may take at least six months.

Recall that the law on presets was finally adopted at the end of November. Retailers openly opposed the new measures. They are also afraid of a break with foreign companies that may not agree to the pre-installation. For example, Apple is against pre-installation, and more than once there were fears that this giant would leave the Russian market.

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