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Nikolai Shabalin2017-03-09 18:53:08
Law in IT
Nikolai Shabalin, 2017-03-09 18:53:08

Is the "I accept the terms" checkbox required on forms with user data?

Recently, there was a rumor in our company that for any forms that accept any personal user data - email, phone number - it is necessary to write a text in the form that the user accepts the terms of the privacy policy. With a link to this very policy, which should look something like this - https://yadi.sk/i/ilcYUCqd3EsaGF
Fine - 500 rubles. from the user.
I would like to know from intelligent people whether this is true or is it stuffing? The most important thing is the necessary proofs, because if this is true, then the company may face a large fine.

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5 answer(s)
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Andrey_410, 2017-03-09
@nikolayshabalin

I wonder where it came from - about 500 rubles per user? :-) Probably confused with a fine that is imposed on an individual who violates the Federal Law "On PD", i.e. on the offender.
To date, Article 13.11 of the Code of Administrative Offenses provides for a fine for violating the procedure for working with personal data. The maximum fine for a legal entity is 10,000 rubles. However, from July 1, 2017, a new version of this article will come into force, and there will be a fine - up to 50,000 rubles, and there are much more offenses.
And about the "checkmarks" - nonsense, of course. Consent can be either in writing or by means of an EDS ( Part 4 of Article 9 ). "Ticks" - this is so, for the psychological impact.

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ribiruby, 2017-03-10
@ribiruby

The law on personal data is already in its 11th year, and in your company there is only a rumor?

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Alexander Lebedev, 2017-03-09
@lebedev444

You need to write the terms of use with auto-variation of the user agreement when using your software and add a general shared* link to the agreement. (*shared from English share-share) For example, on github or a similar portal, HERE is probably also possible. Be sure to define the language packs available for the agreement and other restrictions. (for example 18+)

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Anton, 2017-03-10
@Eridani

One day, RosKomNadzor may just knock on your door and demand to enter such a thing, otherwise, they will threaten you with blocking.
It has already happened with a couple of sites... The letter, unfortunately, is gone.

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Nikolai Shabalin, 2017-04-06
@nikolayshabalin

Guys who subscribed to the question. I will add.
No UX tricks can be done, such as
making a button and signing from the bottom - "If you click on the button, you automatically agree to the rules."
I explain.
This action is considered in court as a signature. If a person did not take an additional action, then we can assume that he did not sign.
The only correct solution (in my opinion) is to disable the submit. When clicking on the checkbox, with agreement to the rules, undisable the submit.

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